Archived — 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:

ic.cipopbpctinternational-opicinternationalpctdb.ic@canada

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