Patent Law Treaty:artikel 7

Patent Law Treaty

Article 7 Representation

Geldend

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1. [Representatives]

a)

A Contracting Party may require that a representative appointed for the purposes of any procedure before the Office:

(i)

have the right, under the applicable law, to practice before the Office in respect of applications and patents;

(ii)

provide, as his address, an address on a territory prescribed by the Contracting Party.

b)

Subject to subparagraph c), an act, with respect to any procedure before the Office, by or in relation to a representative who complies with the requirements applied by the Contracting Party under subparagraph a), shall have the effect of an act by or in relation to the applicant, owner or other interested person who appointed that representative.

c)

A Contracting Party may provide that, in the case of an oath or declaration or the revocation of a power of attorney, the signature of a representative shall not have the effect of the signature of the applicant, owner or other interested person who appointed that representative.

2. [Mandatory Representation]

a)

A Contracting Party may require that an applicant, owner or other interested person appoint a representative for the purposes of any procedure before the Office, except that an assignee of an application, an applicant, owner or other interested person may act himself before the Office for the following procedures:

(i)

the filing of an application for the purposes of the filing date;

(ii)

the mere payment of a fee;

(iii)

any other procedure as prescribed in the Regulations;

(iv)

the issue of a receipt or notification by the Office in respect of any procedure referred to in items (i) to (iii).

b)

A maintenance fee may be paid by any person.

3. [Appointment of Representative]

A Contracting Party shall accept that the appointment of the representative be filed with the Office in a manner prescribed in the Regulations.

4. [Prohibition of Other Requirements]

No Contracting Party may require that formal requirements other than those referred to in paragraphs 1 to 3 be complied with in respect of the matters dealt with in those paragraphs, except where otherwise provided for by this Treaty or prescribed in the Regulations.

5. [Notification]

Where one or more of the requirements applied by the Contracting Party under paragraphs 1 to 3 are not complied with, the Office shall notify the assignee of the application, applicant, owner or other interested person, giving the opportunity to comply with any such requirement, and to make observations, within the time limit prescribed in the Regulations.

6. [Non-Compliance with Requirements]

Where one or more of the requirements applied by the Contracting Party under paragraphs 1 to 3 are not complied with within the time limit prescribed in the Regulations, the Contracting Party may apply such sanction as is provided for in its law.

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