How is an agent or common representative appointed in an international patent application?

According to MPEP 1807, the appointment of an agent, attorney, or common representative can be effected in several ways:

  1. In the Request form, signed by the applicant
  2. In the Demand form, signed by the applicant
  3. In a separate power of attorney submitted to the United States Receiving Office or the International Bureau

The MPEP cites PCT Rule 90.4(a), which states: “The appointment of an agent shall be effected by the applicant signing the request, the demand or a separate power of attorney. Where there are two or more applicants, the appointment of a common agent or common representative shall be effected by each applicant signing, at his choice, the request, the demand or a separate power of attorney.

It’s important to note that the Customer Number Practice used in U.S. national applications cannot be used to appoint an agent or designate a correspondence address in the international phase.

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Tags: Common Representative, patent agent appointment, PCT applications, power of attorney