PCT Receiving Office Guidelines

Chapter XVI: Changes Concerning The Applicant, Inventor, Agent Or Common Representative

Receipt of Request to Record a Change

309. The receiving Office may receive from the applicant a request for the recording of a change in the person, name, residence, nationality or address of the applicant (Rule 92bis.1(a)(i)) or a change in the person, name or address of the inventor, the agent or the common representative (Rule 92bis.1(a)(ii)). The International Bureau records those changes upon request of the applicant or the receiving Office. The filing of a power of attorney appointing an agent or common representative who is not yet recorded, or a revocation by the applicant of record or renunciation of an appointment under Rule 90.6, is considered as a request to record a change in the person of the agent or common representative.

309A. Where a request for recording a change in the person of the applicant has been submitted, the receiving Office should not request any substitute sheets for Boxes Nos. II and III of the request if the change can be transferred to the relevant Boxes of the request form without adversely affecting the legibility of the sheet of the request form onto which the change is transferred. Where, following a request for the recording of a change under Rule 92bis.1(a)(i) or (ii), information is provided in respect of the indications required under Rule 4.5(a)(ii) and (iii) that had not been furnished in the request form at the moment of filing the international application and said request complies with Article 14(1)(a)(ii) (see Rule 26.2bis(b)), the receiving Office records the indications so provided and notifies the International Bureau accordingly (Form PCT/RO/113).

309B. Where the request for the recording of a change concerns the indication of an e-mail address of the applicant or the agent, the receiving Office, when preparing Form PCT/RO/113, checks the appropriate box next to the e-mail address, if the applicant or agent has given his express authorization that the receiving Office, the International Searching Authority, the International Bureau and the International Preliminary Examining Authority may use the e-mail address provided to send advance copies of notifications, or to send notifications exclusively by e-mail in respect of this international application.

310. The receiving Office checks whether the request for recording a change is signed by the applicant of record or on behalf of that applicant. Where a request is submitted to record a change in the person of the applicant by the applicant of record or the duly appointed agent of that applicant, documentary evidence proving the right of a new person to be indicated as applicant (for example, assignment, succession to the rights of a deceased inventor) is not required during the international phase. Furthermore, in order for a change in the person of the applicant to be recorded, the new applicant need not be a resident or national of a Contracting State. The receiving Office may nevertheless draw the attention of the applicant to the fact that, if there is no applicant from any Contracting State at the time when a demand for international preliminary examination may be filed, the applicant(s) will not be entitled to file such a demand.

311. Where a person ("new applicant"), who is not the applicant of record, requests that a change be recorded in the person of the applicant, of the agent or common representative, documentary evidence must be submitted regarding the right of that new applicant to the application or the right to request such a change on behalf of the applicant of record. Where such evidence has not been furnished, the receiving Office invites that person to furnish the required evidence before it proceeds with the request to record the change. If the new applicant is to be represented by the same agent who represented the former applicant, a new power of attorney must be submitted signed by the new applicant. If the new applicant is to be represented by a new agent, a power of attorney must also be submitted. In both cases, if correspondence signed by the former or new agent is received but no power of attorney has been received, the receiving Office invites the new applicant to submit a power of attorney. However, where the receiving Office has waived the requirement under Rule 90.4(b) that a separate power of attorney be submitted to it, the receiving Office does not invite the new applicant in either of the above-mentioned cases to submit a power of attorney.