WARNING: Although the information which follows was correct at the time of original publication in the PCT Newsletter, some information may no longer be applicable; for example, amendments may have been made to the PCT Regulations and Administrative Instructions, as well as to PCT Forms, since the PCT Newsletter concerned was published; changes to certain fees and references to certain publications may no longer be valid. Wherever there is a reference to a PCT Rule, please check carefully whether the Rule in force at the date of publication of the advice has since been amended.

Requesting the recording of a change after the filing of a demand under Chapter II

Q: I have filed a demand for international preliminary examination on behalf of a corporate applicant which will shortly be changing the address of its premises. I would like to request that the change of address be recorded under PCT Rule 92bis. Since a demand has been filed, should that request be filed with the International Preliminary Examining Authority?
A: Requests for the recording of a change under PCT Rule 92bis should, in practice, only be submitted to the International Bureau (IB). Although they may also be submitted to the receiving Office, in which case that Office will notify the IB of the request for change, it is important to note that it is always the date of receipt at the IB of the request for recording of a change that will determine whether or not the change will be recorded. If that request is received by the IB within the time limit prescribed under PCT Rule 92bis.1(b) (30 months from the priority date), the IB will record the change and notify all Offices and PCT Authorities interested in the change accordingly, including, as long as the international preliminary examination report has not been established, the International Preliminary Examining Authority (IPEA) (see the Administrative Instructions under the PCT, Section 422 and the PCT Applicant’s Guide, Vol. I/A, para. 429). If the request reaches the IB after the expiration of that time limit, it will not be recorded by the IB and the applicant will have to inform each elected Office separately of the change during the national phase.
Although there is nothing to prevent you from informing the IPEA of the change, that Authority is not obliged to communicate your request to the IB. Even if it does so notify the IB, there is a risk that this may occur after the time limit applicable under PCT Rule 92bis.1(b) has expired (see previous paragraph). Note, however, that in the case where such a change occurs prior to, or at, the time of filing of the demand, it may be useful, in order to avoid unnecessary requests by the IPEA for clarification of discrepancies, if the applicant sends direct to the IPEA a copy of the request for recording of a change, the original being submitted to the IB.
Note that, since PCT Rule 92bis provides for the filing of a request for recording of a change only with the receiving Office or the IB, you are entitled to sign such a request only if you have been appointed to represent the applicants before the receiving Office for the purposes of Chapter I (see PCT Rule 90.1(a))—if you have been appointed only for the purposes of Chapter II before the IPEA (see PCT Rule 90.1(c)), you will not be entitled to sign it; the agent appointed under Chapter I will have to do this.
For further information on requesting the recording of changes under PCT Rule 92bis, see PCT Applicant’s Guide, Vol. I/A, paras. 427–431 and PCT Newsletter Nos. 10/1995, 10/1997, 05/2002 and 06/2002.