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PCT Receiving Office Guidelines

Chapter VI: Article 14 Check and Other Formal Requirements

Indications Concerning the Inventor

88. Indications concerning the inventor must be made where the national law of at least one of the designated States requires that the name of the inventor be furnished at the time of filing a national application (Rule 4.1(a)(iv)). See PCT Applicant’s Guide, Annexes B1 and B2, for those States and regional patent systems which require such indications. Where the national law of none of the designated States requires that the name of the inventor be furnished at the time of filing a national application, the request may nevertheless contain indications concerning the inventor (Rule 4.1(c)(i)). Where indications concerning the inventor are required under Rule 4.1(a)(iv) or included under Rule 4.1(c)(i), they must include the name and address of the inventor, or, if there are several inventors, of each of them, in accordance with Rules 4.4 and 4.6(a) (paragraph 79). It is to be noted that a legal entity cannot be an inventor. For persons named as inventors only, indications of nationality and/or residence are not required. Any such indication should be deleted ex officio by the receiving Office.

89. If the applicant is the inventor, the check-box “This person is also inventor” in Box No. II of the request or “applicant and inventor” in Box No. III of the request, as the case may be, must be marked (Rule 4.6(b)). These check-boxes must not be marked if the applicant is a legal entity. A person must not be named more than once in Boxes Nos. II and III of the request, even where that person is both applicant and inventor. In Box No. III of the request, one of the check-boxes on the right-hand side must always be marked for each person named.

90. If no inventor is indicated, although the indications referred to under paragraph 88 are required under Rule 4.1(a)(iv), the receiving Office may draw (Form PCT/RO/132) the applicant’s attention to the fact that the law of certain designated States requires that the inventor be named and prescribed data relating thereto be furnished in the request. If no response to the communication has been received from the applicant before the transmittal of the record copy, the receiving Office sends a copy of that communication to the International Bureau. For corrections, including ex officio corrections, see paragraphs 153 to 165 and Annex B.