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Practical Advice

Access rights management in ePCT following a change of agent

Q:  I am taking over representation of an international application and plan to submit the request for recording the change under PCT Rule 92bis, along with the power of attorney from the applicant, via ePCT. I have heard that the processing of access rights in ePCT has changed. As the new agent, how can I now get access rights to the application in ePCT?

A: Ideally, when making changes to an applicant or agent who has access rights to an international application in ePCT, it is recommended that someone with "eOwner" status in ePCT modifies the access rights before submission of the request for change under PCT Rule 92bis. This way, in the case of a change of agent, the outgoing agent with eOwner access rights in ePCT can assign access rights to the new agent in ePCT, provided that the new agent has a WIPO account with a strong authentication method and has a connection with the original agent. This will save you from having to submit a new online Access Rights request via the ePCT system and allow you to submit the request for change directly as an ‘Action’.

Detailed procedures are available at:

https://www.wipo.int/pct/en/epct/learnmore.html?N=527

However, if this is not the case and the previous agent has not provided you with access rights to the application in ePCT, and if the application has not yet been published, you will need to use the normal upload function in ePCT to submit your letter requesting the change of agent under PCT Rule 92bis, making sure that you include your email address and the new file reference (if applicable), and a power of attorney signed by the first-named applicant or common representative, in order to appoint you as the new agent (please refer to “Upload Documents” at https://www.wipo.int/pct/en/epct/learnmore.html?N=820 for more information). Note that if the application has already been published, you will be able to change the agent of record using an ePCT ‘Action’ (instructions can be found at https://www.wipo.int/pct/en/epct/learnmore.html?N=854).

As soon as a PCT Rule 92bis change request is submitted to the International Bureau (IB) using either the upload function or using a “Rule 92bis change request" action for a change of agent, ePCT online access to that application is automatically suspended. Previously, user access rights following a PCT Rule 92bis change were managed by the IB, but the applicant is now able to remove or reinstate access rights without IB intervention.

Once the IB has processed the change request, a new email notification entitled "Confirm ePCT access rights" is sent to the new agent (provided that you included your email address in the request for change). This notification outlines all the existing access rights as eOwner, eEditor, or eViewer and provides a link to an external page from which you, as new representative, must verify these rights and make any necessary removals.

The external page entitled "Confirm ePCT access rights" displays the names of those with current access rights and from the "Access rights" button, offers you two options:

• "Remove all access rights" removes all current access rights in ePCT, making the application eligible for a new access rights request (from you, in this case) via ePCT.
• "Keep current access rights" which reactivates access for the listed individuals.

As soon as you confirm the decision by clicking "I confirm the decision regarding access rights," access in ePCT will be updated and ePCT access to the application will be restored. For more detailed information, please refer to the video tutorial "Manage access rights following a Rule 92bis change request" available at:

https://multimedia.wipo.int/wipo/en/pct/suspended-access-rights-2024-02-26-720p.mp4

For security reasons, the link to confirm ePCT access rights expires after seven days. If no action is taken within this period, a new link can be requested from the email notice of expiry by clicking "Resend new link". ePCT access to the international application will remain suspended until the new agent has confirmed or denied the existing access rights in ePCT (please refer to https://www.wipo.int/pct/en/epct/learnmore.html?N=525 for further information).

As the new agent, if you have received the Form PCT/IB/306 (Notification of the Recording of a Change) and have removed the existing access rights for the application concerned, you can submit your request for access rights. Full instructions can be found at:

https://www.wipo.int/pct/en/epct/learnmore.html?N=1637

and in the video tutorial “Request Access Rights after Filing” available at:

https://multimedia.wipo.int/wipo/en/pct/request-access-rights-after-filing-2023-01-23-720p.mp4

Note that, if the e-mail address of the new agent recorded by the IB corresponds with the e-mail address associated with your WIPO Account which will be used to request the access rights, your access rights request will be automatically approved by the system.

If the application has not yet been published, the code indicated on PCT Form/IB/301 will be required as part of the process for requesting access rights to the application. If you do not have access to this form, please refer to “I'm the new agent and I don't have access to the IB/301 code to request access rights before publication” at:

https://www.wipo.int/pct/en/epct/learnmore.html?N=938

It is important to ensure you always have two eOwners per application to facilitate the management of access rights.

More information on access rights in ePCT can be found at:

https://www.wipo.int/pct/en/epct/learnmore.html?N=693 and

https://www.wipo.int/pct/en/epct/learnmore.html?N=694

and from the ePCT video tutorials at:

https://www.wipo.int/pct/en/epct/access_rights.html