[Pct] how to remove an Applicant of Convenience?

[Carl Oppedahl]

Thank you for posting!

On 6/3/2025 2:43 AM, KAISER Jan Michael via Pct wrote:
>
> 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 22338 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 
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>
> ePCT: WIPO’s online service for filing and managing PCT applications 
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>
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>
> Classification: WIPO FOR OFFICIAL USE ONLY
>
> 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> on behalf of Carl 
> Oppedahl via Pct <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>
> *Cc:* Carl Oppedahl <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 92/bis/ 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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