PCT International Search and Preliminary Examination Guidelines
PART VIII CLERICAL AND ADMINISTRATIVE PROCEDURES
Chapter 22 Clerical and Administrative Procedures
22.28 Except as set forth in paragraph 22.30, the applicant must either sign the demand or submit a separate power of attorney or a copy of a signed general power of attorney, appointing an agent for the filing of the demand. If there are two or more applicants, it is sufficient that the demand be signed by one of them.
22.29 Where the agent signs the demand and a power of attorney has been filed earlier with the receiving Office, the International Searching Authority or the International Bureau or where the agent has been appointed in the request, no power of attorney need be submitted by the applicant to the International Preliminary Examining Authority. Where the agent signs the demand and the demand is filed with an International Preliminary Examining Authority which has not waived the requirement that a separate power of attorney be submitted to it, that International Preliminary Examining Authority confirms that the agent has been appointed to act before the International Preliminary Examining Authority if no power of attorney accompanies the demand or has already been filed with the receiving Office, the International Searching Authority, or the International Bureau. Where the International Preliminary Examining Authority is not the same Office as the receiving Office or the International Searching Authority, the International Preliminary Examining Authority may, until it is notified of or has reason to believe the contrary, assume that an agent who is indicated in the publication of the international application and in the PCT Gazette has been duly appointed by the applicant.
22.30 The International Preliminary Examining Authority may waive the requirement that a separate power of attorney or a copy of the general power of attorney be submitted to it. This waiver cannot cover the submission of a notice of withdrawal by an agent or common representative. Where an International Preliminary Examining Authority has waived the requirement for a separate power of attorney, the agent named in a demand may sign the demand even though no separate power of attorney has been filed with the receiving Office, the International Searching Authority, the International Preliminary Examining Authority or the International Bureau nor has the agent been appointed in the request.
Rules 90.1(c), (d), 90.3(b), 90.4
22.31 The appointment of an additional or sub-agent for the procedure before the International Preliminary Examining Authority can be made in the demand or through a separate or general power of attorney. If the appointment is made in the demand which is signed by the applicant, no separate power of attorney need be submitted. If the demand is signed by an earlier appointed agent, no separate power of attorney from the applicant need be filed if the earlier appointed agent has the right to appoint sub-agents. If the demand is signed by the additional or sub-agent, a separate power of attorney need not be filed if the demand is filed with an International Preliminary Examining Authority which has waived the requirement for a separate power of attorney. Authorization to appoint may be assumed unless the power of attorney excludes appointing sub-agents. If a demand is signed by the additional agent, a separate power of attorney signed by the applicant, or his earlier appointed agent who has the right to appoint sub-agents, must be filed where the International Preliminary Examining Authority has not waived the requirements that a separate power of attorney be submitted. If a separate power of attorney accompanies the demand or is later filed, the International Preliminary Examining Authority promptly transmits the original or a copy to the International Bureau. For the manner of inviting the correction of a missing signature, see paragraph 22.37.
22.32 A common representative is entitled to sign the demand with effect for all applicants. The agent of the common representative may also sign with effect for all applicants.