What is a “common representative” of the applicants? Where there are two or more applicants and they have not appointed a common agent representing all of them for the purposes of the international phase in general, one of the applicants may be appointed by the other applicants as their common representative.
A sub-agent’s appointment is subject to the same qualifications as to the right to practice as are set out in paragraph 11.002.ġ1.005. Sub-agents may be appointed to represent the applicant either generally or before a specific International Searching Authority, Authority specified for supplementary search or International Preliminary Examining Authority. Can an agent appoint a sub-agent? Any agent who has been appointed to represent the applicant for the international phase in general may appoint a sub-agent to represent the applicant, unless there is an indication otherwise in the document by which the original agent was appointed. Ordinarily, however, it will be convenient for all of two or more applicants to appoint the same person to represent all of them as their common agent (or to appoint a number of common agents - for example, the partners in the firm of patent attorneys or patent agents which acts for the applicant).ġ1.004.
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Are all applicants required to have the same agent? Each applicant is free to appoint his own agent. The right to practice before an Office or organization is governed by the national law applied by the Office or organization concerned.ġ1.003. A person may be appointed as agent to represent the applicant specifically before the International Searching Authority, before any Authority specified for supplementary search, or before the International Preliminary Examining Authority if he has the right to practice before the Office or intergovernmental organization which acts as that Authority. Where the international application is filed with the International Bureau as receiving Office (see paragraph 5.008), any person who has the right to practice before the national (or regional) Office of, or acting for, a Contracting State of which the applicant (or, if there are two or more applicants, any of the applicants) is a resident or national (see Annex C) may be appointed as agent. Who may be appointed as an agent? A person may be appointed as agent for the international phase generally if he has the right to practice before the Office with which the international application is filed. Agents appointed for the purposes of the international application during the international phase will not be automatically regarded as agents by national Offices during the national phase other agents may thus have to be appointed for the purposes of the national phase before each of the various designated Offices (see National Chapters, (Summaries)).ġ1.002. The applicant may also appoint an agent or agents to represent him specifically before the International Searching Authority, any Authority specified for supplementary search or before the International Preliminary Examining Authority. For what purposes may an agent be appointed? The applicant may appoint an agent or agents to represent him before the receiving Office, the International Bureau, the International Searching Authority, any Authority specified for supplementary search and the International Preliminary Examining Authority - that is, for the purposes of the international phase generally. REPRESENTATION BY AGENTS AND COMMON REPRESENTATIVESġ1.001. CHAPTER 11: MISCELLANEOUS QUESTIONS CONCERNING THE INTERNATIONAL PHASE
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