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1820 Signature of Applicant

MPEP SECTION SUMMARY

The international application must be signed by the applicant, or, where there are two or more applicants, by all of them. The United States Receiving Office will not issue an invitation to applicants to furnish missing signatures where the request is signed by at least one of the applicants. Further details on signatures of applicant are discussed in this section.

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(1) (a) The receiving Office shall check whether the international application contains any of the following defects, that is to say (i) it is not signed as provided in the Regulations;

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PCT Rule 4. The Request (Contents)

The request shall be signed by the applicant or, if there is more than one applicant, by all of them.

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PCT Rule 26. Checking by, and Correcting Before, the Receiving Office of Certain Elements of the International Application

(a) For the purposes of Article 14(1)(a)(i), if there is more than one applicant, it shall be sufficient that the request be signed by one of them.
(b) For the purposes of Article 14(1)(a)(ii), if there is more than one applicant, it shall be sufficient that the indications required under Rule 4.5(a)(ii) and (iii) be provided in respect of one of them who is entitled according to Rule 19.1 to file the international application with the receiving Office.

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SIGNATURE OF APPLICANT OR AGENT

The international application may be signed by an agent.

  • A patent practitioner acting in a representative capacity must set forth his or her registration number on submitted papers.

The requirement for the submission of a separate power of attorney may be waived by the receiving Office.

Proof that a person has the authority to sign on behalf of a legal entity may take the form of a copy of a resolution of the board of directors, a provision of the bylaws, or a copy of a paper properly delegating authority to that person to sign the international application on behalf of the legal entity.

It is acceptable to have a person sign the international application on behalf of a legal entity if that person submits a statement that the person has the authority to sign the international application on behalf of the legal entity.

  • This statement should be on a separate paper and must not appear on the Request (or Demand) form itself.
  • The statement must include a clause such as “The undersigned (whose title is supplied below) is empowered to sign the Request on behalf of the applicant.”

The international application can be filed without applicant’s signature on the request.

A patent practitioner using an S-signature must supply his or her registration number either as part of the S-signature, or immediately below or adjacent to the S-signature.


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