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How to get a European patent - "Euro-PCT"

Guide for Applicants - Part 2 - Table of Contents
B. The EPO as a PCT receiving Office A. General overview C. The EPO as an International Searching Authority (ISA) - PCT Chapter I
Waiver How to appoint an agent Appointment of agent for European phase with the EPO as receiving Office


Waiver


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The EPO as receiving Office (and also as ISA and IPEA) has waived the requirement that a signed separate power of attorney be submitted to it if the PCT request is not signed by the applicant. The EPO has also waived the requirement that a copy of the general power of attorney be attached to the PCT request or to a separate notice in which an agent is appointed by reference to a general power of attorney.

R. 90.4(d) 90.5(c) PCT

OJ 2004, 305

PCT Gazette 12/2004, 6462



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However, as a matter of strategy and caution agents are recommended to obtain explicit authorisation from all applicants by way of direct signature of the PCT request or by duly signed powers of attorney. An explicit authorisation of each applicant is required in any case in which a withdrawal of any kind is submitted. Further, the EPO may require the filing of a separate power of attorney or a copy of a general power of attorney in any case of doubt as to the agent's entitlement to act.

R. 90.4(e), 90.5(d) PCT




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