What are the time limitations for changing agents in a PCT application?

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.

There are important time limitations to consider when changing agents in a PCT application:

• The International Bureau will not record a change in agent if the request is received after the expiration of 30 months from the priority date.
• Requests to withdraw from representation filed with the USPTO after this 30-month period may not be treated on the merits.

MPEP 1808 states:

“Practitioners should note that the International Bureau will not record a change in the agent if the requested change is received by it after the expiration of 30 months from the priority date. See PCT Rule 92bis. Where a request to withdraw from representation is filed with the USPTO after the expiration of this time period, the request may not be treated on the merits.”

It’s crucial to submit any agent changes or withdrawal requests well before this 30-month deadline to ensure they are properly processed and recorded.