PCT Rule 92bis — Recording of Changes in Certain Indications in the Request — MPEP Index – BlueIron IP

This page consolidates MPEP guidance interpreting PCT Rule 92bis, including 32 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 covers the recording of changes to certain indications in a PCT request, specifically focusing on changes to the agent after the priority date. It highlights the critical importance of timely submission within 30 months from the priority date and the potential consequences of missing this deadline.

What this section covers

This section covers the recording of changes to certain indications in a PCT request, specifically focusing on changes to the agent after the priority date.
It outlines the conditions under which changes can be recorded and the limitations on recording such changes after a certain period.

Key obligations

Practitioners must ensure that any change to the agent is recorded within 30 months from the priority date, as changes received after this period will not be recorded by the International Bureau.
Failure to record a change within the 30-month period may result in the agent's information remaining unchanged, potentially affecting subsequent communications and actions related to the PCT application.

Practice notes

Practitioners should maintain a strict timeline for recording changes to the agent, as missing this deadline can lead to significant administrative issues and potential delays in the PCT process.
It is advisable to keep detailed records of all communications and actions related to the agent's change, ensuring that any necessary documentation is submitted well before the 30-month deadline.

Address for Correspondence Taken from Request Form PCT/RO/101MPEP 1845.02
Agent-Represented Applicant Must List Address in Box IV of PCT Request FormMPEP 1845.02
Later Address Used After Notification of Recording of a ChangeMPEP 1845.02Permitted
Inventorship Must Be Set in Application Data SheetMPEP 602.01
Application Data Sheet Required for FilingMPEP 602.01
Application Data Sheet Required for FilingMPEP 602.01Permitted
Application Data Sheet Required for FilingMPEP 602.01
Inventorship Not Named by Oath in National StageMPEP 602.01
Applicants of Record Must Indicate in Demand After Name Change RequestMPEP 1864.02Required

Change of Correspondence Address Must Be Made Through PCT Rule 92bisMPEP 1809Required
Requirement for Inventor Declaration in National StageMPEP 1893.01(e)Required
New Oath Required for Changed International Filing DateMPEP 1893.01(e)Required
Supplemental Oath Required for Corrected Priority ClaimMPEP 1893.01(e)Required
Each Inventor Must Execute Oath Except as ProvidedMPEP 1893.01(e)Required
Applicants of Record Must Indicate in Demand After Name Change RequestMPEP 1864.02Required

Viewing Status Does Not Allow Changing Correspondence Address or Appointing AgentMPEP 1809
Inventorship Is Set by Application Data SheetMPEP 1893.01(e)
Inventorship Determined by International ApplicationMPEP 1893.01(e)
Inventorship May Be UpdatedMPEP 1893.01(e)Permitted
New Oath Required for Changed InventorshipMPEP 1893.01(e)
New Oath/Declaration Required for Changed InventorshipMPEP 1893.01(e)
Oath/Declaration Requirement for Changed InventorshipMPEP 1893.01(e)
Inventorship Set by International ApplicationMPEP 1893.01(e)
Inventorship Must Match International ApplicationMPEP 1893.01(e)
Oath or Declaration Must Match Inventorship Set in International ApplicationMPEP 1893.01(e)
Correcting Inventorship for PCT National StageMPEP 1893.01(e)
Oath or Declaration When Inventor Refuses or Cannot Be ReachedMPEP 1893.01(e)Prohibited
Requirement for Oath When Inventor is DeceasedMPEP 1893.01(e)Permitted
Inventorship Must Match International ApplicationMPEP 1893.01(e)
Inventorship May Be Corrected Under Procedure Set Forth in 37 CFR 1.48(a)MPEP 1893.01(e)Permitted
Change of Agent Not Recorded After 30 MonthsMPEP 1808Recommended
Request to Change Agent After Priority Deadline Not RecordedMPEP 1808
Request to Withdraw Representation After Time Period Not TreatedMPEP 1808Prohibited

MPEP Section	Rules
MPEP § 1808	Change of Agent Not Recorded After 30 MonthsMPEP 1808Recommended Request to Change Agent After Priority Deadline Not RecordedMPEP 1808 Request to Withdraw Representation After Time Period Not TreatedMPEP 1808Prohibited
MPEP § 1809	Viewing Status Does Not Allow Changing Correspondence Address or Appointing AgentMPEP 1809 Change of Correspondence Address Must Be Made Through PCT Rule 92bisMPEP 1809Required
MPEP § 1845.02	Address for Correspondence Taken from Request Form PCT/RO/101MPEP 1845.02 Agent-Represented Applicant Must List Address in Box IV of PCT Request FormMPEP 1845.02 Later Address Used After Notification of Recording of a ChangeMPEP 1845.02Permitted
MPEP § 1864.02	Applicants of Record Must Indicate in Demand After Name Change RequestMPEP 1864.02Required
MPEP § 1893.01(e)	Inventorship Is Set by Application Data SheetMPEP 1893.01(e) Inventorship Determined by International ApplicationMPEP 1893.01(e) Inventorship May Be UpdatedMPEP 1893.01(e)Permitted Requirement for Inventor Declaration in National StageMPEP 1893.01(e)Required New Oath Required for Changed InventorshipMPEP 1893.01(e) New Oath Required for Changed International Filing DateMPEP 1893.01(e)Required New Oath/Declaration Required for Changed InventorshipMPEP 1893.01(e) Supplemental Oath Required for Corrected Priority ClaimMPEP 1893.01(e)Required Oath/Declaration Requirement for Changed InventorshipMPEP 1893.01(e) Inventorship Set by International ApplicationMPEP 1893.01(e) Inventorship Must Match International ApplicationMPEP 1893.01(e) Oath or Declaration Must Match Inventorship Set in International ApplicationMPEP 1893.01(e) Correcting Inventorship for PCT National StageMPEP 1893.01(e) Oath or Declaration When Inventor Refuses or Cannot Be ReachedMPEP 1893.01(e)Prohibited Requirement for Oath When Inventor is DeceasedMPEP 1893.01(e)Permitted Inventorship Must Match International ApplicationMPEP 1893.01(e) Inventorship May Be Corrected Under Procedure Set Forth in 37 CFR 1.48(a)MPEP 1893.01(e)Permitted Each Inventor Must Execute Oath Except as ProvidedMPEP 1893.01(e)Required
MPEP § 602.01	Inventorship Must Be Set in Application Data SheetMPEP 602.01 Application Data Sheet Required for FilingMPEP 602.01 Application Data Sheet Required for FilingMPEP 602.01Permitted Application Data Sheet Required for FilingMPEP 602.01 Inventorship Not Named by Oath in National StageMPEP 602.01

Related Provisions

Based on MPEP Last Modified: 10/30/2024 08:50:22

PCT Rule 92bis — Recording of Changes in Certain Indications in the Request — MPEP Index – BlueIron IP

PCT Rule 92bis Recording of Changes in Certain Indications in the Request

Summary

Official MPEP § 92bis — Recording of Changes in Certain Indications in the Request

Rule 92 bis Recording of Changes in Certain Indications in the Request or the Demand

92 bis.1 Recording of Changes by the International Bureau

Verbatim in MPEP

Required Actions

Key Interpretations

Topics

MPEP Coverage

Related Provisions