[Pct] ePCT change of applicant

[RICHARDSON Michael]

Dear David

Unfortunately, Ann has now retired, so you have to make do with the inferior service from me.

You can make your change of person easily in ePCT simply by changing a name (and, if appropriate, address).  Once you click OK, you will be asked a further question “Is the requested change of name also a change in person?”

[cid:image001.png at 01DAB044.99A2D0E0]

We have a change in development to include the question directly in the main data entry area as a dropdown so that this is a bit more obvious before you get as far as pressing OK.

You can also add a power of attorney before submitting the request using the attach document option.

[cid:image002.png at 01DAB045.0B999EE0]

Rule 92bis doesn’t ask for copies of the assignment document.  This will usually only be needed in cases where the request for change is being made by the new applicant or attorney rather than the old one (see paragraph 11.018B of the Applicant’s Guide https://pctlegal.wipo.int/eGuide/view-doc.xhtml?doc-code=pctip&doc-lang=en&doc-type=guide#_changes_applicant ).  If the old attorney is unable or unwilling to do this, it’s likely that there will be no ePCT access to use the online action.  However, if you are there in the action and there is a reason that you think that the assignment document is needed, you could upload it as General Correspondence as part of the action and, as long as it’s obvious what it is and why it’s there, we will rename it appropriately on receipt.

Best regards,
Mike



Classification: WIPO FOR OFFICIAL USE ONLY

From: Pct <pct-bounces at oppedahl-lists.com> On Behalf Of David Boundy via Pct
Sent: Friday, May 24, 2024 6:28 PM
To: for users of the Patent Cooperation Treaty <pct at oppedahl-lists.com>
Cc: David Boundy <DavidBoundyEsq at gmail.com>
Subject: [Pct] ePCT change of applicant

My client just bought some patent applications from a seller, including some PCT's.  I have and Assignment and a Power.

How do I change "applicant" and Power of Attorney in ePCT?   I got to epCT > Actions > Rule 92bis change request   I see how to do two things, neither of which really fits, and it's odd for ePCT to not have an obviously-right thing to do --
     -- select the current "applicant" and use the pencil to "change applicant" -- but that is only for changes of name to the same applicant (heir, name change, merger, etc.)  I want a different applicant
     -- "edit parties" to add a new applicant.  I can fill that out, but there's no way to upload an Assignment

If I do Upload documents > IB > Assignment, then I'm locked out the 92bis change, can't do it in the same transaction.

The thing I'm looking for probably does a Change of Applicant, and simultaneously asks for upload of an assignment and simultaneously a Power of Attorney, I would think.  For this kind of change of Applicant, it would ask for upload of an Assignment as a supporting document simultaneously.   I can't find any of these that guarantees doing everything all at once.  I rememebr that it used to be that if you did part of a Rule 92bis change, you'd get locked out for 24 hours, so I didn't want to do that, and I tried to avoid it until I was forced into that corner.

I stitched something together that gives me heartburn, and will no doubt create heartburn for our friends in Geneva.  And now, to my surprise, I am not locked out.  Maybe that's the fundamental change.

Mike or Anne, for this kind of thing, "Change Applicant" and upload Assignment and Change Agent and Upload Power of Attorney are all part and parcel of the same transaction.   It's not at all clear how to do that without the 24-hour lockout.

--

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