EPO - Discussion forums

Hi,

the question is divided into two subquestions.

A) PCT is gateway.
B) PCT is NOT gateway (i.e. the initial application is discussed)

A) which offices accept direct application (I mean the possibility of application without the power of attorney by "'direct' application" here)?

B) the question is same. But note please the remarked filing will be initial application.

general comment: as PCT is available and patent rights are dependent to local regulations / laws, we do not expect that it would be possible. However, there might be some unexplained points or some possibilities that we still did not know.

All the remarked filings will be through Asian countries/patent offices.

Kind Regards
blue

Dear blue,

Thanks for posting your question. In your e-mail, you did not specify which countries/jurisdictions you are interested in. As our forum covers a wide geographical scope (the whole Asian continent) we kindly ask you to narrow the scope of Asian offices with respect to your inquiry. This makes it easier for us and other users to reply to your question.

In general, it seems to us that most national patent laws require a foreign applicant (usually a person/company without a place of residence or business in that country) to undertake any patent-related action, such as filing an application, via a local representative. This applies, for example, to Japan, China and the Republic of Korea, for both direct filings (initial applications) and PCT national phase entries.

Best regards,

EPO's Asian Patent Information Services

Hello,

Generally, under the PCT, applicants can file an international application with a Receiving Office, which can be their national patent office or the International Bureau of WIPO. The PCT does not eliminate the need for a power of attorney if the national law of the Receiving Office requires it. However, some offices may allow direct applications without a power of attorney under specific circumstances.

When filing an initial patent application directly with a national or regional office, the requirements for a power of attorney vary by jurisdiction. In many Asian countries, you can file an initial application directly without a power of attorney, but you may need to submit it later in the process. For example, in Japan, a power of attorney is not required for filing a new patent application or for entering the national phase of a PCT application.