PCT Declaration Form

PCT Declaration Form

This PCT Declaration is executed on by Applicant Name: whose correspondence address is , and Representative/Agent Name: with address .

RECITALS

WHEREAS, Applicant has prepared and/or caused to be prepared an international patent application under the Patent Cooperation Treaty (the PCT) entitled: (the "Application");

WHEREAS, Applicant desires to declare facts and make representations required by the Receiving Office, International Bureau, and any International Preliminary Examining Authority, including but not limited to inventorship, priority claims, entitlement, and authority for Representative to act on Applicant's behalf; and

WHEREAS, Representative has agreed to act as Agent for the prosecution of the Application before the applicable international and national authorities as set forth in this Declaration.

NOW, THEREFORE, in consideration of the mutual covenants and representations contained herein, Applicant and Representative agree as follows:

1. DEFINITIONS

For purposes of this Declaration, the following terms have the meanings set forth below: "Application" means the international application filed under the PCT identified by International Application No.: filed on .

2. DECLARATIONS AND REPRESENTATIONS

Applicant hereby represents and warrants, under penalty of perjury to the best of Applicant's knowledge and belief, that:

(a) Applicant is the owner or has the right to apply for and obtain patents for the invention claimed in the Application and has not, by assignment or operation of law, transferred the right to file this Application except as fully disclosed in writing to Representative.

(b) The inventors of the subject matter claimed in the Application are identified below and Applicant confirms that the inventorship set forth is correct and complete:

(c) To Applicant's knowledge, the subject matter claimed in the Application has not been in public use, on sale, or otherwise publicly disclosed in a manner that would, as of the international filing date, prevent patentability under the laws applicable to the international phase.

3. PRIORITY CLAIMS

Applicant declares the priority claim(s) below with respect to the Application. Applicant affirms that Applicant is entitled to the priority claimed and that the priority document(s) will be furnished in accordance with PCT requirements.

4. AUTHORIZATION OF AGENT

Applicant appoints Representative as Applicant's agent and common representative to prepare, file, prosecute and otherwise deal with the Application and all related matters in the international phase and, where necessary, in designated national or regional phases. Representative is authorized to receive correspondence relating to the Application and to execute all documents, take all procedural actions, and make all declarations reasonably required to obtain and maintain patent protection on Applicant's behalf.

Applicant acknowledges that Representative may rely on the representations in this Declaration and that Applicant shall indemnify and hold Representative harmless for reliance on the truth and completeness of such representations except in cases of Representative's gross negligence or willful misconduct.

5. OBLIGATIONS; NOTICE OF CHANGES

Applicant shall promptly notify Representative in writing of any change in ownership, correct inventorship, domestic filings, or any other fact material to the Application. Failure to provide timely notice that affects filing, priority, or prosecution may be grounds for correction, retraction, or other remedial action as permitted by the PCT and applicable national laws.

6. REMEDIES; CORRECTIONS

If any statement in this Declaration is later found to be incorrect or incomplete, Applicant agrees to cooperate fully with Representative and the relevant authorities to correct or clarify such statement, including executing supplemental declarations or corrected documents. Applicant acknowledges that certain corrections may be subject to fees, procedural requirements, or limitations under applicable rules.

7. NOTICES

All notices required or permitted under this Declaration shall be in writing and delivered to the correspondence addresses set forth above or to such other address as a party may designate by written notice. Notices shall be effective upon receipt.

8. MISCELLANEOUS

Governing Law: This Declaration shall be governed by and construed in accordance with the substantive laws of the jurisdiction governing the parties' contractual relationship as indicated by Applicant's address; provided, however, that procedural matters of PCT processing are governed by the PCT and applicable implementing regulations.

Entire Agreement: This Declaration constitutes the entire agreement between the Parties with respect to its subject matter and supersedes all prior oral and written statements, understandings or agreements relating thereto.

Severability: If any provision of this Declaration is determined to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

Amendments and Waiver: No amendment or waiver of any provision of this Declaration will be effective unless in writing and signed by both Parties. No waiver by either Party of any breach of any provision will be deemed a waiver of any subsequent breach of that or any other provision.

CERTIFICATION

Applicant certifies, to the best of Applicant's knowledge and belief, that the statements and information provided in this Declaration are true, correct and complete. Applicant understands that knowingly false statements may subject Applicant to penalties under applicable laws.

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