World Intellectual Property Organization


July-August 2014 | No. 07-08/2014


Power of Attorney Waiver

Notification under PCT Rules 90.4(d) and 90.5(c) (France)

The National Institute of Industrial Property (France), in its capacity as receiving Office, has informed the International Bureau that it waives the requirements under PCT Rules 90.4(b) and 90.5(a)(ii) to submit either a separate power of attorney or a copy of a general power of attorney, with effect from 2 June 2014. Particular instances in which the Office continues to require that a power of attorney be submitted are, however, as follows:

– if the agent is:

• a person indicated in Article L.422-5 of the Code of Intellectual Property,

• an enterprise or a public institution contractually bound to the applicant,

• a specialized professional organization; 

– in case of reasonable doubt regarding the agent’s entitlement to act;

– in the case of a common representative.

It is recalled that a power of attorney is always required where the agent or common representative submits any notice of withdrawal during the international phase (PCT Rules 90.4(e) and 90.5(d)).

For background information on power of attorney waivers, see PCT Newsletter No. 01/2004, page 2. The table showing Offices (or Authorities) which have notified WIPO of waivers of the power of attorney requirement has been updated at:

This updates the PCT Applicant’s Guide, Annex C (FR).


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