Can a Customer Number be used to appoint or revoke an agent in a PCT application?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27

This page is an FAQ based on guidance 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.

No, a Customer Number cannot be used to appoint or revoke an agent in a PCT application during the international phase. This is an important distinction from national applications. Specifically:

  • Appointment of an agent cannot be made by reference to a Customer Number in the international phase.
  • Revocation of an agent’s appointment cannot be done by reference to a Customer Number in the international phase.

MPEP 1808 explicitly states:

“Also, as an agent may not be appointed by Customer Number Practice in the international phase (see MPEP § 1807), an appointment of an agent may not be revoked by reference to a Customer Number.”

This means that applicants and practitioners must use other methods, such as powers of attorney or specific revocation documents, to appoint or revoke agents in PCT applications during the international phase.

Tags: agent appointment, agent revocation, Customer Number, PCT