How does the appointment of a common representative affect existing appointments 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.
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 indicated, of revoking any earlier appointment of a common representative.”
This automatic revocation ensures that there is always a single, clear common representative for the application. If applicants wish to maintain multiple representatives, they must explicitly indicate this when making the new appointment.