Offices (or Authorities) which have Notified WIPO of Waiver(s) of the Power of Attorney Requirement under PCT Rule 90.4(b) and/or 90.5(a)(ii)
(status on 19 January 2021)
RO = Receiving Office; ISA = International Searching Authority; IPEA = International Preliminary Examining Authority; SISA = International Searching Authority specified for supplementary search; for two-letter codes, see PCT Applicant's Guide |
Two-letter code of Office | Capacity of Office in which waiver was made | Waiver of separate power of attorney (PCT Rule 90.4(d))? | Waiver of copy of general power of attorney (PCT Rule 90.5(c))? | Particular instances in which a separate power of attorney and/or a copy of a general power of attorney is required (other than where the agent or the common representative submits any notice of withdrawal referred to in PCT Rules 90bis.1 to 90bis.4) | |
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AT | RO, ISA, SISA, IPEA | Yes | Yes | None | |
AU | RO, ISA, IPEA | Yes | Yes | Where there is an unresolved dispute about who is the agent representing the applicant(s). | |
BN | RO | Yes | Yes | Where an agent or a common representative who is not indicated in the request form at the time of filing performs any action after filing; or where it is unclear that an agent or common representative has power to act on behalf of the applicant. | |
BY | RO | Yes | Yes | Where there is a change in representation, that is, where any action before the Office is performed by an agent or a common representative who was not indicated in the request form at the time of filing. | |
CA | RO, ISA, IPEA | Yes | Yes | Where an agent or a common representative who is not indicated in the request form at the time of filing performs any action after filing; or where it is unclear that an agent or common representative has power to act on behalf of the applicant. | |
CH | RO | Yes | Yes | None | |
CY | RO | Yes | Yes | None | |
DE | RO | Yes | Yes | If the agent is not a patent attorney or an attorney-at-law authorized to practice in Germany, or a patent attorney or an attorney-at-law of a member State of the European Union, of a contracting party to the Agreement on the European Economic Area, or of Switzerland, authorized to pursue certain professional activities (refer to the Act on the Activities of European Patent Attorneys in Germany and the Act on the Activities of European Lawyers in Germany). In case of reasonable doubts regarding the agent's entitlement to act. Also, a separate power of attorney is required in the case of a common representative. |
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DK | RO | Yes | Yes | Upon appointment of, or for any paper submitted by, an agent or a common representative who was not indicated in the request form at the time of filing. | |
EA | RO | Yes | Yes | Upon appointment of, or for any paper submitted by, an agent or a common representative who was not indicated in the request form at the time of filing. | |
EP | RO, ISA, SISA, IPEA | Yes | Yes | If necessary in the circumstances of a particular case, for example: (1) where a procedural act is performed by a purported agent who is not the agent of record, unless: - the purported agent belongs to the same office as the agent of record; or - both the purported agent and the agent of record are employees of the applicant (or, if there is more than one applicant, of the common representative). (2) in case of doubt as to whether the agent or common representative is entitled to act. |
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ES | RO,ISA, IPEA | Yes | Yes | In case of reasonable doubts regarding the agent's entitlement to act. Upon appointment of, or for any paper submitted by, an agent or a common representative who was not indicated in the request form at the time of filing. |
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FI | RO, ISA, SISA, IPEA | Yes | Yes | Upon appointment of, or for any paper submitted by, an agent or a common representative who was not indicated in the request form or in the demand form at the time of their filing. | |
FR | RO | Yes | Yes | If the agent is: In case of reasonable doubt regarding the agent's entitlement to act. In case of a common representative. |
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GB | RO | Yes | Yes | Where an agent or common representative, who is not indicated in the request form at the time of filing, performs any action after filing; or where it is unclear that an agent or common representative has power to act on behalf of the applicant. | |
IB | IB | Yes | n.a. | Upon appointment of, or for any paper submitted by, an agent or a common representative who was not indicated in the request form at the time of filing. | |
RO | Yes | Yes | Upon appointment of, or for any paper submitted by, an agent or a common representative who was not indicated in the request form at the time of filing. | ||
IL | RO, ISA, IPEA | Yes | Yes | Where an agent or a common representative who is not indicated in the request form at the time of filing performs any actions after filing. | |
IS | RO | Yes | Yes | Upon appointment of, or for any paper submitted by, an agent or a common representative who was not indicated in the request form at the time of filing. | |
IT | RO1 | Yes | Yes | If the agent is not: In case of reasonable doubt regarding the agent's entitlement to act; In case of a common representative (separate power of attorney required). |
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JP | RO, ISA, IPEA | Yes | Yes | Where an agent or a common representative who is not indicated in the request form at the time of filing performs any actions after filing; or in case of doubt as to the agent's entitlement to act. | |
KG | RO | No | Yes | None | |
LT | RO | Yes | Yes | Upon appointment of, or for any paper submitted by, an agent or a common representative who was not indicated in the request form at the time of filing. | |
LV | RO | Yes | Yes | None | |
MD | RO | Yes | Yes | Upon appointment of, or for any paper submitted by, an agent or a common representative who was not indicated in the request form at the time of filing. | |
MT | RO | Yes | Yes | Where an agent or a common representative who is not indicated in the request form at the time of filing performs any action after filing; or in case of doubt as to the agent's entitlement to act. | |
NL | RO | Yes | Yes | None | |
NZ | RO | Yes | Yes | Where there is a change in representation, that is, where an applicant is represented by a new agent or representative. | |
PH | RO | Yes | Yes | Where the Office receives a notice or communication from a sub-agent appointed by the agent or common representative; or the Office receives notices or communications from an agent or common representative who is appointed by the applicant in replacement of, or in addition to the agent or common representative previously appointed by the applicant; or the Office receives a notice or communication from an agent or a common representative submitting the names of additional applicants not named in the request form. | |
PT | RO | Yes | Yes | If the applicant is not represented by an official industrial property agent. | |
RU | RO, ISA, SISA, IPEA | Yes | Yes | Where an agent or a common representative who is not indicated in the request form at the time of filing performs any action after filing; or in case of doubt as to the agent's entitlement to act. | |
SE | RO, ISA, SISA, IPEA | Yes | Yes | Upon appointment of, or for any paper submitted by, an agent or a common representative who was not indicated in the request form or in the demand form at the time of their filing. | |
SG | RO, ISA, SISA, IPEA | Yes | Yes | Where an agent or a common representative who is not indicated in the request form at the time of filing performs any action after filing; or where it is unclear that an agent or common representative has power to act on behalf of the applicant. | |
TR | RO, ISA, SISA, IPEA | Yes | Yes | Where there is an unresolved dispute about who is the agent representing the applicant(s); or upon appointment of, or for any paper submitted by, an agent or a common representative who was not indicated in the request form at the time of filing. | |
US | RO, ISA, IPEA | Yes | Yes | Where it is unclear whether a purported agent has the power to act on behalf of the applicant, and for certain changes under PCT Rule 92bis. | |
XN | ISA, SISA, IPEA | Yes | Yes | Upon appointment of, or for any paper submitted by, an agent or a common representative who was not indicated in the request form or in the demand form at the time of their filing. | |
XV | ISA, SISA, IPEA | Yes | Yes | Upon appointment of, or for any paper submitted by, an agent or a common representative who was not indicated in the request form or in the demand form at the time of their filing. |