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Archived updates for Thursday, July 08, 2004

PCT Newsletter Highlights for July 2004

Here are some highlights from the July 2004 issue of the PCT Newsletter:
Canada Opens ISA and IPEA on July 26, 2004
The Canadian Commissioner has now notified WIPO that the Canadian Intellectual Property Office (CIPO) will start functioning as an International Search Authority and an International Preliminary Examination Authority with effect from 26 July 2004.
Reminder Warning about Requests for Payment of Fees
Examples of invitations to pay fees from certain nefarious sources are available on the PCT website
Powers of Attorney for Article 19 Amendments?
The table on pages 8 and 9 shows the PCT Offices/Authorities which have notified WIPO that they have waived the requirement to submit a power of attorney under PCT Rule 90.4(b) ("Manner of Appointment of Agent or Common Representative") and/or Rule 90.5(a)(ii)("General Power of Attorney").  Whether a power of attorney should be submitted to the International Bureau together with amendments to the claims under PCT Article 19 ("Article 19 amendments") is a function of:
(1) who signed the request; and
(2) who signs the letter which must be submitted together with the replacement sheets containing the amended claims (see PCT Rule 46.5).
If the deemed "common representative" signs the letter or the request, then a power of attorney would not be required by the IB. However, if both the request and the letter are signed by the appointed agent (indicated in Box IV), a power of attorney would be required by the IB in order to complete the appointment of the agent and thus for the IB to act on the submitted Article 19 amendments. That power of attorney would need the signature of only one of the applicants, that is, the deemed common representative.  The same would apply, for example, in cases where requests for recording changes under PCT Rule 92bis or requests for the correction of priority claims under PCT Rule 26bis are submitted to the IB.
In contrast, any notice of withdrawal under PCT Rule 90bis would have to be signed by all applicants, or by the agent or common representative and be accompanied by powers of attorney signed by all applicants, even if the Office with which the notice is filed has waived the power of attorney requirement. 
For information on filing Article 19 amendments, see PCT Rule 46 and the PCT Applicant’s Guide, paragraphs 296 to 303. For information on power of attorney waivers in general, see PCT Newsletter No. 06/2004, page 5.
Courtesy of William F. Heinze*
Thomas, Kayden, Horstemeyer & Risley, L.L.P.
100 Galleria Parkway, N.W., Suite 1750
Atlanta, GA 30339-5948  (USA)
Tel.:  (770) 738-2382
Fax:  (770) 951-0933
Mobile:  (404) 729-0729
E-Mail (business)
E-Mail: (personal) 
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*Admitted to practice in the Commonwealth of Virginia.  Not admitted in Georgia.
This message may contain confidential information that is covered by the attorney-client privilege and/or work-product doctrine. 
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