How 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:

1. If a common agent is appointed, they act as the common representative.
2. If no common agent is appointed, but a common representative is explicitly appointed, that person acts as the common representative.
3. If neither a common agent nor a common representative is appointed, the common representative is determined by default according to Rule 90.2(b) of the PCT.

MPEP 1807 states:

“If 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 (PCT Rule 90.2). Specifically, where there is no common agent or common representative appointed, the common representative is

• (i) in the case of only one applicant, the applicant, or
• (ii) in the case of two or more applicants, the first named of those applicants who is entitled to file with the receiving Office (PCT Rules 19 and 26.1).”

This default determination ensures that there is always a common representative for every PCT application, even when not explicitly appointed.

To learn more:

• PCT
• common representative
• international patent application
• PCT Rule 90.2