Patent Act Article 9: Scope of Agency
Article 9 of the Patent Act stipulates the limitations on the rights of appointed agents. Specifically, Article 9 provides that an appointed agent requires special authorization to perform so-called disadvantageous acts.
The limitations on the rights of an agent (acts that cannot be performed without special authorization) are:
(1) conversion, waiver, or withdrawal of a patent application,
(2) withdrawal of an application for registration of an extension of the duration of a patent right,
(3) withdrawal of a request, application, or petition,
(4) a claim of domestic priority (Article 41 of the Patent Act) or its withdrawal,
(5) a patent application based on a utility model registration (Article 46-2 of the Patent Act),
(6) a request for publication of an application,
(7) a request for a trial against an examiner's decision of refusal,
(8) waiver of a patent right,
(9) appointment of a sub-agent,
are the items.
From another perspective, an appointed agent can perform acts other than these disadvantageous acts without special authorization. For example, amendments to an application or division of an application are possible without special authorization.
It is also conceivable that an application for which special authorization has been granted to an appointed agent is divided. In this case, unless special authorization is also granted for the divisional application, the appointed agent cannot perform so-called disadvantageous acts.
Note that since Article 9 of the Patent Act is a provision regarding appointed agents, statutory agents are outside the scope of Article 9.
・Patent Act Article 9: Scope of Agency
(Scope of Agency) Article 9: An agent appointed by a person who has an address or residence (or a business office, in the case of a juridical person) in Japan and who performs procedures may not, without obtaining special authorization, perform the conversion, waiver, or withdrawal of a patent application, the withdrawal of an application for registration of an extension of the duration of a patent right, the withdrawal of a request, application, or petition, a claim of priority under Article 41, paragraph (1) or its withdrawal, a patent application based on a utility model registration under the provisions of Article 46-2, paragraph (1), a request for publication of an application, a request for a trial against an examiner's decision of refusal, the waiver of a patent right, or the appointment of a sub-agent.
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