PCT Receiving Office Guidelines

Chapter VI: Article 14 Check and Other Formal Requirements

Different Applicants or Inventors for Different Designated States

95. Rule 4.5(d) provides that the request may, for different designated States, indicate different applicants. Different applicants may also be indicated for different States designated for a regional patent (Section 203(a)). For the purpose of the designation of States for both a national patent and a regional patent, the same applicant or applicants must be indicated (Section 203(b)). Where different persons (natural persons or legal entities) are applicants for different designated States other than the United States of America (paragraphs 91 to 93), that is, where none of the other three check-boxes in Boxes Nos. II and III of the request fits the circumstances, the check-box “the States indicated in the Supplemental Box” must be marked and the Supplemental Box of the request should be used. In such a case, the name of the person must be repeated in that Supplemental Box with an indication of the designated State or States for which that person is applicant (item 1(ii) in that Box). In that Supplemental Box, different persons may also be indicated as inventors for different designated States (for example, where, in this respect, the requirements of the national laws of the designated States are not the same).