Beta
IPA patent 6.1.12.2-applicant-details
IPA patent 6.1.12.2-applicant-details — IP Australia Patent Manual of Practice and Procedure – 6.1.12.2 Applicant Details
Beta. Legal information, not legal advice. LEGALDIGM is not a law firm. Check the official source for the current text.
Also in this Chapter:
6.1.12.1 Background Search Report and Notification Form Completion
6.1.12.3 General Details
6.1.12.4 Fields Searched
6.1.12.5 Documents Considered to be Relevant
6.1.12.6 Family Member Identification
6.1.12.7 Date of Actual Completion of the Search
6.1.12.8 Refund Due
6.1.12.9 Contents of Case File at Completion
Key Legislation:
Administrative Instructions under the PCT:
s105 Identification of International Application with Two or More Applicants
s108 Correspondence Intended for the Applicant
s109 File Reference
On this page
Overview
Address for correspondence
Date of mailing
Applicant's or agent's file reference
International application number
International filing date
Applicant
Overview
Once the Search Copy is made available, all applicant details such as address for correspondence and applicant name are extracted from ePCT via the PCT-API and inserted into RIO Workbench. The information should be an exact copy of what was entered by the applicant at filing.
Address for correspondence
When an agent represents the applicant, the address for service is listed in Box IV of the PCT Request form.
For applicants processing their own applications, the address for service may be listed in Box II of the PCT Request form.
Examiners should check correspondence on file for any changes in the applicant or address for service and to also check that the captured data in the report template is correct and current.
See also: PCT Administrative Instruction 108 .
Date of mailing
Leave this space blank, RIO automatically fills this box when the report is dispatched.
Applicant's or agent's file reference
Any subsequent change made by an attorney (such as addition of initials) is not required to be entered on the forms by the examiner.
Note that if the file reference is significantly different from the original (such as a totally different number), then:
The new reference should be used.
The change be communicated to the PCT unit by email .
The PCT Unit will inform the International Bureau (IB) of the change. Additions of initials at the end of the original file references are not considered a significant change.
See also: PCT Administrative Instruction 109 .
International application number
RIO automatically enters the application number in all relevant places in the notification and report forms after the template has been completed. This number is in the expanded format PCT/AU20xx/123456 which came into effect on 1 January 2004. The expanded format will occur for all PCT applications, even those which were filed before 1 January 2004.
International filing date
The international filing date is assigned upon receipt of the international application. This date is recorded on the PCT Request Form and on RIO.
Applicant
When there is more than one applicant indicated in the Request of a PCT application, only the first mentioned of these has to be indicated in the International Search Report. The other applicants, if any, are indicated by the words ‘et al.’ following the first applicant's name. The first mentioned applicant is indicated in Box II of the PCT Request form, a second applicant is listed in Box III, and further applicants will be listed on the continuation sheet (if there are more than two applicants).
For example:
AMERICAN EXPLOSIVES INC. et al.
SMITH, John Doe
Note that as shown above, company names are written in capital letters. For personal names the family name is given first in capital letters, and the given names are in mixed case — this helps to identify the family name.
See also: PCT Administrative Instruction 105
