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Notice from the European Patent Office dated 2 March 2010 concerning the waiver of power of attorney under Rule 90.4(d) and Rule 90.5(c) PCT

OJ EPO 2010, 335

1. The European Patent Office (EPO) has notified the International Bureau of WIPO that the waiver of power of attorney under Rule 90.4(d) and Rule 90.5(c) PCT (hereinafter: "the waiver") currently in force[ 1 ] is to be revised as set out in point 4 of this notice.

I. Reasons for revision

2. As currently worded, the waiver applies to the EPO only in its capacity as receiving Office (RO), International Searching Authority (ISA) and International Preliminary Examination Authority (IPEA). The revised waiver will also apply to the EPO acting as Supplementary International Searching Authority (SISA) as from 1 July 2010[ 2 ].

3. Rule 90.4 PCT concerns the manner of appointment of (common) agents and common representatives. For the sake of clarity, the revised waiver explicitly states that the requirement under Rule 90.4(b) PCT is likewise waived in the case of a common representative.

II. Revised wording

4. The revised waiver reads as follows:

"Subject to Rule 90.4(e) PCT, the requirement under Rule 90.4(b) PCT that a separate power of attorney be submitted to appoint a (common) agent or, as the case may be, common representative, is waived under Rule 90.4(d) PCT by the European Patent Office (EPO) acting as receiving Office (RO), International Searching Authority (ISA), Supplementary International Searching Authority (SISA) or International Preliminary Examining Authority (IPEA).

Subject to Rule 90.5(d) PCT, the requirement under Rule 90.5(a)(ii) PCT that a copy of a general power of attorney be attached to the request, demand or separate notice, as the case may be, is waived under Rule 90.5(c) PCT by the EPO acting as RO, ISA, SISA or IPEA.

The EPO acting as RO, ISA, SISA or IPEA may require the filing of a separate power of attorney or a copy of a general power of attorney if necessary in the circumstances of a particular case, for example if:

- 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 if 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;

- there is doubt as to whether the agent or common representative is entitled to act."

5. The revised waiver will apply and replace the waiver currently in force[ 3 ] as from 1 July 2010.

 

 

[ 1 ] PCT Gazette 12/2004, p. 6462; OJ EPO 2004, 305. Information on the revised waiver is published in the Official Notices (PCT Gazette) 2010 on WIPO's website at: www.wipo.int/pct/en/official_notices/index.htm.

[ 2 ] See Rule 45bis.9 PCT and the Agreement between the EPO and WIPO under the PCT as revised with effect from 1 July 2010, is published in the Official Notices (PCT Gazette) 2010 on WIPO's website at: www.wipo.int/pct/en/official_notices/index.htm. See also OJ EPO 2010, 304.

[ 3 ] See OJ EPO 2004, 305.