37 CFR § 1.455 — Representation in international (MPEP Coverage Index) – BlueIron IP
37 CFR § 1.455 Representation in international
This page consolidates MPEP guidance interpreting 37 CFR § 1.455, including 45 rules from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.
Summary
This section provides detailed guidance on changing or revoking an agent's appointment for international patents, ensuring proper documentation and timely filings with the USPTO to avoid delays.
What this section covers
- This section addresses changes or revocations of an agent's appointment in international patent matters.
Key obligations
- Each attorney must sign a notice of withdrawal when changing or revoking an agent's appointment.
- The document containing the revocation must clearly identify the change in representation.
- Proper documentation and timely filing with the USPTO are required to ensure compliance.
Practice notes
- Ensure all required signatures are included on the notice of withdrawal to avoid delays in representation changes.
- Timely filing and avoiding delays are crucial for proper recordation of agent changes.
Official MPEP § 1.455 — Representation in international
Source: USPTOLast Modified: 10/30/2024 08:50:22
1.455 Representation in international applications.
- (a) Applicants of international applications may be represented by attorneys or agents registered to practice before the United States Patent and Trademark Office or by an applicant appointed as a common representative ( PCT Art. 49 , Rules 4.8 and 90 and § 11.9 ). If applicants have not appointed an attorney or agent or one of the applicants to represent them, and there is more than one applicant, the applicant first named in the request and who is entitled to file in the U.S. Receiving Office shall be considered to be the common representative of all the applicants. An attorney or agent having the right to practice before a national office with which an international application is filed and for which the United States is an International Searching Authority or International Preliminary Examining Authority may be appointed to represent the applicants in the international application before that authority. An attorney or agent may appoint an associate attorney or agent who shall also then be of record ( PCT Rule 90.1(d) ). The appointment of an attorney or agent, or of a common representative, revokes any earlier appointment unless otherwise indicated ( PCT Rule 90.6(b) and (c) ).
- (b) Appointment of an agent, attorney or common representative ( PCT Rule 4.8 ) must be effected either in the Request form, signed by applicant, in the Demand form, signed by applicant, or in a separate power of attorney submitted either to the United States Receiving Office or to the International Bureau.
- (c) Powers of attorney and revocations thereof should be submitted to the United States Receiving Office until the issuance of the international search report.
- (d) The addressee for correspondence will be as indicated in section 108 of the Administrative Instructions.
[43 FR 20458, May 11, 1978; 50 FR 5171, Feb. 6, 1985, effective Mar. 8, 1985; para. (a) amended, 58 FR 4335, Jan. 14, 1993, effective May 1, 1993; para. (b) revised, 68 FR 58991, Oct. 20, 2003, effective Jan. 1, 2004; para. (a) revised, 69 FR 35427, June 24, 2004, effective July 26, 2004]
- Correspondence Address
- Patent Term
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- Pct Amendments Article 19
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- Pct Request
- Power Of Attorney
| MPEP Section | Rules |
|---|---|
| MPEP § 1807 | |
| MPEP § 1808 | |
| MPEP § 402.09 |