Notice regarding Patent Cooperation Treaty (PCT) national phase applications – evidence for 58(5) requisitions

Where any applicant who enters the PCT national phase in Canada differs from those named in the international application at WIPO, subsection 58(5) of the Patent Rules requires the Commissioner to requisition evidence that the national phase applicant(s) are the legal representative(s) of those named on the international application.

The Patent Office takes the position that acceptable forms of evidence provided in response to a requisition under subsection 58(5) of the Patent Rules include a PCT/IB/306 form, an assignment, or a change of name document.

As of May 1, 2017, the Patent Office will not accept a copy of a request made to the International Bureau under section 92bis.1 of the Regulations under the Patent Cooperation Treaty as acceptable evidence in response to a requisition under subsection 58(5) of the Patent Rules.

If you have any questions, we invite you to communicate with Andrée Patry, Manager – Operations Sector, at 819-635-3557, or at andree.patry@canada.ca.

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