What is the PCT Rule 92bis Form and How to Use It?

Definition & Meaning

The PCT Rule 92bis form refers to a specific request used in the context of the Patent Cooperation Treaty (PCT) for recording changes to bibliographic information in an international patent application. This form is not a physical document but rather a request submitted to the International Bureau of the World Intellectual Property Organization (WIPO). It allows applicants to update crucial details such as the name or address of the applicant, inventor, or agent associated with the patent application. The PCT Rule 92bis form plays a vital role in ensuring that the information linked to a patent application remains accurate and current, which is essential for legal and administrative purposes.

How to use the PCT Rule 92bis

Using the PCT Rule 92bis form involves a straightforward process designed to facilitate the recording of changes. Applicants typically utilize the ePCT system, which provides an online platform for submitting the Rule 92bis change request. This system pre-fills the necessary details based on the existing application, minimizing the risk of errors. To effectively use the form, applicants should:

• Access the ePCT system and log in with their credentials.
• Select the "Rule 92bis change request" option.
• Input the required changes, ensuring accuracy in the details provided.
• Submit the request to the International Bureau before the 30-month deadline.

How to fill out the PCT Rule 92bis

Filling out the PCT Rule 92bis form requires careful attention to detail to ensure that all changes are accurately reflected. The process generally involves:

• Identifying the specific changes needed, such as a change in the applicant's name or address.
• Gathering all relevant information, including the application numbers affected by the changes.
• Using the ePCT system to enter the changes, which helps in avoiding common mistakes.
• Reviewing the completed request for accuracy before submission.

Steps to complete the PCT Rule 92bis

Completing the PCT Rule 92bis request involves several key steps:

• Log into the ePCT system and navigate to the Rule 92bis change request section.
• Enter the application number(s) that require changes.
• Specify the type of change, such as a new applicant name or address.
• Submit the request to the International Bureau of WIPO.
• Ensure that the request is submitted before the 30-month deadline from the priority date.

Who typically uses the PCT Rule 92bis

The PCT Rule 92bis form is primarily used by individuals and entities involved in the patent application process. This includes:

• Inventors who need to update their personal information on a patent application.
• Companies that are changing their legal status or address.
• Patent attorneys or agents representing applicants who need to record changes on behalf of their clients.

Key elements of the PCT Rule 92bis

Understanding the key elements of the PCT Rule 92bis is crucial for effective use. These elements include:

• The specific types of changes that can be recorded, such as changes to the applicant's name, address, or agent details.
• The requirement to submit the request to the International Bureau rather than a local office.
• The necessity of submitting the request within the 30-month timeframe from the priority date.

Examples of using the PCT Rule 92bis

Practical examples can illustrate the application of the PCT Rule 92bis form:

• An inventor who marries and changes their last name needs to submit a Rule 92bis request to update their name on the patent application.
• A company that relocates its headquarters must file a Rule 92bis change request to ensure that its new address is reflected in all designated countries.
• An agent who no longer represents an applicant may need to update the agent's details through the Rule 92bis form.

Filing Deadlines / Important Dates

Timeliness is critical when it comes to submitting the PCT Rule 92bis request. The key deadline to remember is:

• The request must be received by the International Bureau before the expiration of the 30-month period from the priority date of the application. Failure to meet this deadline may result in the inability to update the application details.