MPEP § 1864.04 — Agent’s Right To Act (Annotated Rules)
§1864.04 Agent’s Right To Act
This page consolidates and annotates all enforceable requirements under MPEP § 1864.04, including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.
Agent’s Right To Act
This section addresses Agent’s Right To Act. Contains: 1 guidance statement and 2 permissions.
Key Rules
Receiving Office (RO/US)
Any agent entitled to practice before the receiving Office where the international application was filed may represent the applicant before the international authorities (PCT Article 49).
International Preliminary Examining Authority (IPEA)
If for any reason, the examiner needs to question the right of an attorney or agent to practice before the International Preliminary Examining Authority (IPEA), the USPTO roster of registered attorneys and agents should be consulted. If the international application was filed with a receiving Office other than the United States, Form PCT/IPEA/410 may be used by the requesting IPEA to ask the receiving Office with which the international application was filed, whether the agent named in the international application has the right to practice before that Office.
Nationals and Residents
If for any reason, the examiner needs to question the right of an attorney or agent to practice before the International Preliminary Examining Authority (IPEA), the USPTO roster of registered attorneys and agents should be consulted. If the international application was filed with a receiving Office other than the United States, Form PCT/IPEA/410 may be used by the requesting IPEA to ask the receiving Office with which the international application was filed, whether the agent named in the international application has the right to practice before that Office.
Patent Cooperation Treaty
The PCT Article and Regulations governing the right to practice are PCT Article 49 and PCT Rule 83.
Citations
| Primary topic | Citation |
|---|---|
| Patent Cooperation Treaty Receiving Office (RO/US) | PCT Article 49 |
| Patent Cooperation Treaty | PCT Rule 83 |
Source Text from USPTO’s MPEP
This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.
Official MPEP § 1864.04 — Agent’s Right To Act
Source: USPTO1864.04 Agent’s Right To Act [R-08.2012]
Any agent entitled to practice before the receiving Office where the international application was filed may represent the applicant before the international authorities ( PCT Article 49).
If for any reason, the examiner needs to question the right of an attorney or agent to practice before the International Preliminary Examining Authority (IPEA), the USPTO roster of registered attorneys and agents should be consulted. If the international application was filed with a receiving Office other than the United States, Form PCT/IPEA/410 may be used by the requesting IPEA to ask the receiving Office with which the international application was filed, whether the agent named in the international application has the right to practice before that Office.
The PCT Article and Regulations governing the right to practice are PCT Article 49 and PCT Rule 83.