INTERNATIONAL TREATIES
PCT
Waiver of power of attorney
Following the information published in OJ EPO 2003, 576, and further to the EPO's official notification to the International Bureau of WIPO (PCT Gazette 12/2004, p. 6462), subject to Rule 90.4(e) and Rule 90.5(d) PCT:
- the requirement under Rule 90.4(b) that a separate power of attorney be submitted is waived under Rule 90.4(d) by the EPO acting as RO, ISA or IPEA,
- the requirement under Rule 90.5(a)(ii) that a copy of a general power of attorney is attached to the request, the demand or a separate notice, as the case may be, is waived under Rule 90.5(c) by the EPO acting as RO, ISA or IPEA.
However, the EPO acting as RO, ISA or IPEA may require the filing of a separate power of attorney or a copy of a general power of attorney in any case, for example if:
- procedural acts are 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 if 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
- in the case of doubt as to the agent's entitlement to act.
These examples are not exhaustive.