Administrative Instructions under the Patent Cooperation Treaty

Section 212
Declaration as to the Applicant’s Entitlement
to Apply for and Be Granted a Patent

(a)  Any declaration as to the applicant’s entitlement, as at the international filing date, to apply for and be granted a patent, referred to in Rule 4.17(ii), shall be worded as follows, with such inclusion, omission, repetition and re-ordering of the matters listed as items (i) to (viii) as is necessary to explain the applicant’s entitlement:

"Declaration as to the applicant’s entitlement, as at the international filing date, to apply for and be granted a patent (Rules 4.17(ii) and 51bis.1(a)(ii)), in a case where the declaration under Rule 4.17(iv) is not appropriate:

in relation to [this] international application [No. PCT/…],

… (name) is entitled to apply for and be granted a patent by virtue of the following:

(i) … (name) of … (address) is the inventor of the subject matter for which protection is sought by way of [the] [this] international application

(ii) … (name) [is] [was] entitled as employer of the inventor, … (inventor’s name)

(iii) an agreement between … (name) and … (name), dated …

(iv) an assignment from … (name) to … (name), dated …

(v) consent from … (name) in favor of … (name), dated …

(vi) a court order issued by … (name of court), effecting a transfer from … (name) to … (name), dated …

(vii) transfer of entitlement from … (name) to … (name) by way of … (specify kind of transfer), dated …

(viii) the applicant’s name changed from … (name) to … (name) on … (date)"

(b)  The declaration referred to in paragraph (a) may, where applicable, be combined with the declaration referred to in Section 211(a), in which case the introductory phrase shall be worded as follows and the remainder of the combined declaration shall be worded as prescribed in paragraph (a):

"Combined declaration as to the applicant’s entitlement, as at the international filing date, to apply for and be granted a patent (Rules 4.17(ii) and 51bis.1(a)(ii)) and as to the identity of the inventor (Rules 4.17(i) and 51bis.1(a)(i)), in a case where the declaration under Rule 4.17(iv) is not appropriate:"