Waiver of the Requirement under Patent Cooperation Treaty (PCT) Rules
to submit a separate power of attorney and/or a copy of a general power
of attorney on PCT applications
The Canadian Patent Office has recently notified the International Bureau
at the World Intellectual Property Organization that, in its capacity as
receiving Office, International Searching Authority and International
Preliminary Examining Authority, it waives the requirement under PCT Rule
90.4(b) that a separate power of attorney be submitted, as well
as the requirement under PCT Rule 90.5(a)(ii) that a copy of a
general power of attorney be attached to the request, the demand or a
separate notice, as the case may be.
The waiver took effect July 1st, 2005.
Exceptions
As per PCT Rules 90.4(e) and 90.5(d), the Office will still require a
separate power of attorney or a copy of a general power of attorney for
any withdrawal request specified in Rule 90bis - that is, withdrawals of
the international application, designations, priority claims, demand or
elections (in such cases, all applicants must sign the notice of withdrawal,
or the attorney effecting the withdrawal must provide a power of attorney
signed by all applicants).
As well, as per Sections 336 (c) 517 (c) and 617 (c) of the PCT Administrative
Instructions, the Office will still require a separate power of attorney or
a copy of a general power of attorney where an agent or common representative,
who is not indicated on 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.
Any enquiries about this notice may be directed to:
Wendy McQuaig
Head, PCT International Unit
Patent Branch
Canadian Intellectual Property Office
Tel.: (819) 994-3711
Fax: (819) 953-9538
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