[Pct] how to remove an Applicant of Convenience?

Tue Jun 3 08:43:47 UTC 2025

Greetings! (Dear Jane/John Doe who kindly raised the question,)

This change according to PCT Rule 92bis<https://www.wipo.int/pct/en/texts/rules/r92bis.html#_92bis> can indeed be accomplished with ease via ePCT, as outlined in our FAQ guide 'Requesting the deletion of a Party from the record<https://www.wipo.int/en/web/ipportal-support/epct-user-guide/faq?id=4366875>'.

Documentary evidence (e.g., an assignment or a business register extract) as well as the power of attorney would only be required for the scenario where the applicant and the agent are being replaced at the same time.

As long as only a co-applicant is to be deleted and another applicant remains, the IB can record the change within the 30-month time limit<https://pct.wipo.int/ePCTExternal/pages/PctTimeline.xhtml>. The assignment is not mandatory for such a case. Ideally, we (WIPO) should have an email address of the co-applicant to be deleted so that we can also inform him/her/this entity via PCT Form IB/306<https://www.wipo.int/export/sites/www/pct/en/docs/forms/ib/ib306.pdf> in Cc.

Additional remarks:
- Deletion of applicant, inventor or agent will temporarily suspend access in ePCT. For more information, please refer to 'IA status - access suspended<https://www.wipo.int/en/web/ipportal-support/epct-user-guide/faq?id=4365433>'.
- And regarding the signature, please take a look at our FAQ article 'Signing Actions, including external signature<https://www.wipo.int/en/web/ipportal-support/epct-user-guide/faq?id=4366755>'.
- When the deemed common representative is removed, depending on the receiving Office, an address in the respective PCT Contracting State may be needed (for example, Switzerland has this requirement during the international phase). If no admissible agent is recorded, one could provide the 'address for correspondence' instead.

Best regards,
Michael

Jan Michael KAISER | Assistant Examiner | PCT International User Outreach and Support Section | PCT Legal and User Relations Division | Patents and Technology Sector | World Intellectual Property Organization | 34 Chemin des Colombettes, 1211 Geneva 20, Switzerland | T +41 22 338 7563 | michael.kaiser at wipo.int<mailto:michael.kaiser at wipo.int> | www.wipo.int<http://www.wipo.int/>
PCT eServices Helpdesk  |  e-mail:  pct.eservices at wipo.int<mailto:pct.eservices at wipo.int>  |   Tel: +41 22  338 95 23  |   Monday to Friday from 9am until 6pm CET
ePCT: WIPO's online service for filing and managing PCT applications at https://pct.wipo.int<https://pct.wipo.int/>

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From: Pct <pct-bounces at oppedahl-lists.com> On Behalf Of Scott Nielson via Pct
Sent: 02 June 2025 21:49
To: for users of the Patent Cooperation Treaty <pct at oppedahl-lists.com>
Cc: Scott Nielson <scnielson at outlook.com>
Subject: Re: [Pct] how to remove an Applicant of Convenience?

It's as simple as filing a 92bis request in ePCT. If the PCT application was filed with the international bureau, then it will show a warning that "The agent may not have the right to practice before the Receiving Office," but it does not remove the agent or limit what the agent can do. If the PCT application was filed with RO/US then it doesn't show a warning.

The AOC should have been listed for a location that the applicant is unlikely to enter so it doesn't matter if there is an assignment from the AOC to the co-applicant.

Scott Nielson

801-660-4400

________________________________
From: Pct <pct-bounces at oppedahl-lists.com<mailto:pct-bounces at oppedahl-lists.com>> on behalf of Carl Oppedahl via Pct <pct at oppedahl-lists.com<mailto:pct at oppedahl-lists.com>>
Sent: Monday, June 02, 2025 12:28 PM
To: for users of the Patent Cooperation Treaty <pct at oppedahl-lists.com<mailto:pct at oppedahl-lists.com>>
Cc: Carl Oppedahl <carl at oppedahl.com<mailto:carl at oppedahl.com>>
Subject: [Pct] how to remove an Applicant of Convenience?

A listserv member asks to post anonymously:

I would like to know if removing an Applicant of Convenience is as simple as filing a 92bis via ePCT. What steps should be taken? There is no assignment in place from the Applicant of Convenience to the co-Applicant.

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