What is the role of a common representative in PCT applications?
The common representative in PCT applications plays a crucial role in communication and decision-making. According to MPEP 1807: “Where no common agent or common representative has been appointed, one of the applicants who is entitled to file in the receiving Office acts as the common representative.” The common representative is authorized to: Perform all acts…
Read MoreHow can an appointment of an agent or common representative be revoked in a PCT application?
The appointment of an agent or common representative in a PCT application can be revoked as follows: The revocation must be made by the persons who made the appointment or their successors in title. The document containing the revocation must be signed by these individuals. If an agent’s appointment is revoked, any sub-agent appointments made…
Read MoreHow is correspondence addressed in PCT applications with multiple applicants?
The MPEP provides guidance on addressing correspondence in PCT applications with multiple applicants: If there’s a common agent appointed, correspondence is addressed to that agent or the first-mentioned agent. If no common agent is appointed, correspondence is addressed to the common representative at their indicated address. If the common representative has appointed agents, correspondence goes…
Read MoreHow is a common representative determined for PCT applications?
The determination of a common representative for PCT applications follows specific rules outlined in MPEP 1807. The process is as follows: If a common agent is appointed, they act as the common representative. If no common agent is appointed, but a common representative is explicitly appointed, that person acts as the common representative. If neither…
Read MoreWhat is the effect of appointing a new agent or common representative in a PCT application?
Appointing a new agent or common representative in a PCT application generally has the following effects: Appointing a new agent automatically revokes any earlier appointment of an agent, unless otherwise indicated. Appointing a new common representative automatically revokes any earlier appointment of a common representative, unless otherwise indicated. This is specified in MPEP 1808, which…
Read MoreHow does the appointment of an agent or common representative affect earlier appointments?
The appointment of an agent, attorney, or common representative in an international patent application can have an impact on earlier appointments. According to MPEP 1807, which cites 37 CFR 1.455(a): “The appointment of an attorney or agent, or of a common representative, revokes any earlier appointment unless otherwise indicated“ This means that when a new…
Read MoreHow does the appointment of a common representative affect existing appointments in a PCT application?
The appointment of a common representative in a PCT application has specific effects on existing appointments: It automatically revokes any earlier appointment of a common representative, unless otherwise indicated. This revocation is immediate upon the new appointment being made. According to MPEP 1808: “The appointment of a common representative similarly has the effect, unless otherwise…
Read MoreHow 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: In the Request form, signed by the applicant In the Demand form, signed by the applicant In a separate power of attorney submitted to the United States Receiving Office or the International Bureau The MPEP cites…
Read MoreWho can represent applicants in international patent applications?
According to MPEP 1807, applicants of international applications can be represented by: Attorneys or agents registered to practice before the United States Patent and Trademark Office An applicant appointed as a common representative The MPEP states: “Applicants of international applications may be represented by attorneys or agents registered to practice before the United States Patent…
Read MoreHow is a common representative appointed in international patent applications?
In international patent applications, a common representative can be appointed in several ways. According to MPEP 402.09 and 37 CFR 1.455(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…
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