World Intellectual Property Organization

Offices (or Authorities) which have Notified WIPO of Waiver(s) of the Power of Attorney Requirement under PCT Rule 90.4(b) and/or 90.5(a)(ii)

(status on 9 July 2014)  

RO = Receiving Office;  ISA = International Searching Authority;  IPEA = International Preliminary Examining Authority;  SISA = International Searching Authority specified for supplementary search;  for two-letter codes, see PCT Applicant’s Guide
Two-letter code of Office Capacity of Office in which waiver was made Waiver of separate power of attorney (PCT Rule 90.4(d))? Waiver of copy of general power of attorney (PCT Rule 90.5(c))? Particular instances in which a separate power of attorney and/or a copy of a general power of attorney is required (other than where the agent or the common representative submits any notice of withdrawal referred to in PCT Rules 90bis.1 to 90bis.4)
AT  RO, ISA, IPEA Yes Yes None 
AU RO, ISA, IPEA Yes Yes Where there is an unresolved dispute about who is the agent representing the applicant(s).
BN RO Yes Yes Where an agent or a common representative who is not indicated in 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.
BY  RO Yes Yes Where there is a change in representation, that is, where any action before the Office is performed by an agent or a common representative who was not indicated in the request form at the time of filing.
CA RO, ISA, IPEA Yes Yes Where an agent or a common representative who is not indicated in 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.
CH RO Yes Yes None
DE RO Yes Yes If the agent is not a patent attorney or an attorney-at-law resident in Germany, or a national of a member State of the European Union or of a State party to the Agreement on the European Economic Area authorized to pursue certain professional activities (see Law on the qualifying Examination for Gaining Admission to the Profession of Patent Attorney and Law on the Professional Activities of European Lawyers in Germany).

In case of reasonable doubts regarding the agent’s entitlement to act.

Also, a separate power of attorney is required in the case of a common representative.
DK RO Yes Yes Upon appointment of, or for any paper submitted by, an agent or a common representative who was not indicated in the request form at the time of filing.
EA RO Yes Yes Upon appointment of, or for any paper submitted by, an agent or a common representative who was not indicated in the request form at the time of filing. 
EP RO, ISA, SISA, IPEA  Yes Yes  If necessary in the circumstances of a particular case, for example:
(1) where 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
– 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).
(2) in case of doubt as to whether the agent or common representative is entitled to act.
ES RO,ISA, IPEA Yes Yes In case of reasonable doubts regarding the agent’s entitlement to act.
Upon appointment of, or for any paper submitted by, an agent or a common representative who was not indicated in the request form at the time of filing.
FI RO, ISA, IPEA Yes Yes Upon appointment of, or for any paper submitted by, an agent or a common representative who was not indicated in the request form or in the demand form at the time of their filing.
FR RO Yes Yes

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 case of a common representative.
GB RO Yes Yes Where an agent or common representative, who is not indicated in 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.
IB IB Yes n.a. Upon appointment of, or for any paper submitted by, an agent or a common representative who was not indicated in the request form at the time of filing.
RO Yes Yes Upon appointment of, or for any paper submitted by, an agent or a common representative who was not indicated in the request form at the time of filing.
IL RO Yes Yes Where an agent or a common representative who is not indicated in the request form at the time of filing performs any actions after filing.
IS RO Yes Yes Upon appointment of, or for any paper submitted by, an agent or a common representative who was not indicated in the request form at the time of filing.
JP RO, ISA, IPEA Yes Yes Where an agent or a common representative who is not indicated in the request form at the time of filing performs any actions after filing;  or in case of doubt as to the agent's entitlement to act.
KG RO No Yes None
LT RO Yes Yes Upon appointment of, or for any paper submitted by, an agent or a common representative who was not indicated in the request form at the time of filing.
MD RO Yes Yes Upon appointment of, or for any paper submitted by, an agent or a common representative who was not indicated in the request form at the time of filing.
MT RO Yes Yes Where an agent or a common representative who is not indicated in the request form at the time of filing performs any action after filing; or in case of doubt as to the agent’s entitlement to act.
NL RO Yes Yes None
NZ RO Yes Yes Where there is a change in representation, that is, where an applicant is represented by a new agent or representative.
PH RO Yes Yes Where the Office receives a notice or communication from a sub-agent appointed by the agent or common representative; or the Office receives notices or communications from an agent or common representative who is appointed by the applicant in replacement of, or in addition to the agent or common representative previously appointed by the applicant; or the Office receives a notice or communication from an agent or a common representative submitting the names of additional applicants not named in the request form.
PT RO Yes Yes If the applicant is not represented by an official industrial property agent.
RU RO, ISA, SISA, IPEA Yes Yes Where an agent or a common representative who is not indicated in the request form at the time of filing performs any action after filing;  or in case of doubt as to the agent’s entitlement to act.
SE RO, ISA, SISA, IPEA Yes Yes Upon appointment of, or for any paper submitted by, an agent or a common representative who was not indicated in the request form or in the demand form at the time of their filing.
SG RO Yes Yes Where an agent or a common representative who is not indicated in 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.
TR RO Yes Yes Where there is an unresolved dispute about who is the agent representing the applicant(s); or upon appointment of, or for any paper submitted by, an agent or a common representative who was not indicated in the request form at the time of filing.
US RO, ISA, IPEA Yes Yes Where it is unclear whether a purported agent has the power to act on behalf of the applicant, and for certain changes under PCT Rule 92bis.
XN ISA, SISA, IPEA Yes Yes Upon appointment of, or for any paper submitted by, an agent or a common representative who was not indicated in the request form or in the demand form at the time of their filing.

 

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