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[manukoš977]

Hi.
I'd like to file a PCT patent, but being from Argentina, I need another person to sign the patent from a member country.
I lack this person but my priority date is expiring.
Could I file the patent to get the filing date, and add the person from the member country in another moment? I'll tr to get someone.

Thanks.

[manukoš977]

BTW: do some one have an "standard" agreement to sign with my co-applicant?
Hi has to assign me all the rights, has to obligate to sign the prosecutions papersm etc.

[Wiscagent]

The usual procedure is to hire an agent in a member country.  It might be most convenient to use a law firm in another Spanish speaking country.

[JimIvey]

I thought anyone could file directly with the International Bureau as the Receiving Office, but it appears to be limited to "Any resident or national of a PCT Contracting State."

Anyone know if that's accurate? 

Regards.

[bartmans]

James, you are correct, See Art. 9(1) PCT and additional regulations in Rule 18.

[10YearReg]

My understanding is that at least one inventor must be a citizen of a PCT country in order to use the PCT.  Otherwise, assuming that the country of origin is a paris convention country, the option is direct file around the world.

[Martin Leeuwangh]

Somewhat belatedly ...

My understanding is that at least one inventor must be a citizen of a PCT country in order to use the PCT.  Otherwise, assuming that the country of origin is a paris convention country, the option is direct file around the world.

10YearReg, the qualification criterion applies to the parties named as applicant rather than as inventor (of course, the inventors will be applicants for the purposes of the US designation).  At least one of the applicants must be a resident or national of a contracting state.  It's an important distinction because, where neither the inventor/applicant for US purposes nor the intended applicant/assignee is a resident or national of a PCT contracting state, you can use an applicant of convenience.  This is the "trick" of naming another party who is a national of a contracting state as applicant for, say, Antigua and Barbuda only.  This satisfies the Article 9 requirement regardless of the fact that the AG national phase is not ultimately entered (has anyone ever entered an AG national phase?!).

For the sake of good order, you may wish to have in place an agreement transferring AG rights in the invention to the applicant of convenience.  In which case, it may be prudent also to have in place an agreement that those rights be returned at an appropriate time.