Who Can Make the Notice?

Date Published

The notice is made by the applicant, a person authorised by the applicant or the patent attorney of the applicant.  

In the case of joint applicants, one applicant may make the notice on behalf of the others, or the applicants may make a joint notice or separate notices.

Where the notice is made by a person authorised by the applicant, examiners should not question the validity of the authorisation.

The notice of entitlement need not be signed and dated by the person who makes the notice. The existence and proper execution of a signature on the notice is not a material particular, but is rather a matter of form, and therefore does not give rise to any objection (see 2.29.10 Signature Requirements for Received Documents). The same applies to the dating of the notice of entitlement.