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correspondent

Russian translation: [патентный] корреспондент

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
English term or phrase:correspondent
Russian translation:[патентный] корреспондент
Entered by: Oleg Lozinskiy
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07:26 Nov 12, 2013
English to Russian translations [PRO]
Law/Patents - International Org/Dev/Coop / материалы UN
English term or phrase: correspondent
Inventor, assignee, agent, correspondent, attorney (DE, EP, PCT, US), examiner (US)
Yuriy Vassilenko
Russian Federation
Local time: 14:15
[патентный корреспондент]
Explanation:
Я бы перевел так, хотя в русском гугле такой термин не встречается. Имеется в виду лицо, уполномоченное вести переписку с патентным ведомством. В России эту функцию обычно исполняет патентный поверенный.

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Note added at 41 мин (2013-11-12 08:08:09 GMT)
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Authorized Correspondent

The Authorized Correspondent is usually the Patent Agent [Patent Rules, s. 2(c)] but in some cases can be one or more of the Inventors [Patent Rules, s. 2(a)].

If the application was filed by the Inventor, and the transfer of the rights to the invention has not been registered in the Patent Office, and no Patent Agent has been appointed, the sole inventor, or one or more of the inventors authorized by all inventors to act on their behalf can be the Authorized Correspondent. In the case of a national phase PCT application, where there are two or more Applicants, and where no Inventor has been authorized, the first named Inventor in the International Application becomes the "authorized correspondent".

The Authorized Correspondent can be the Associate Agent where one has been appointed or has to be appointed [Patent Rules, s. 2, 21].
http://www.jurisdiction.com/pagent.htm#acor

Only The Authorized Correspondent Can Communicate With The Canadian Patent Office In Respect of a Patent Application

In Excelsior Medical Corp. v. Canada (Attorney General), 2011 FCA 303, the Federal Court of Appeal (FCA) confirmed that, in respect of a patent application, the Canadian Intellectual Property Office (CIPO) “can only deal with the applicant’s authorized correspondent” and that “an authorized correspondent only becomes so when the required documents are filed in the Patent Office”, as set out in Section 6(1) of the Patent Rules.
http://simip.com/publication/only-the-authorized-corresponde...

Proposition for change #4 – Representation -- communication with the office

Section 6 of the Patent Rules states that for the purpose of prosecuting or maintaining an application, the Commissioner shall only have regard to communications received from the authorized correspondent which, when appointed, is the patent agent.

This may be problematic in circumstances where the Office receives clear instructions from the applicant but cannot give any consideration to the instructions as the communication does not come from the authorized correspondent.

As prescribed time limits are clearly defined in the statutes, communications to the Office that are not recognized could lead to multiple problems including the loss of patent rights.

It is proposed that the Patent Rules be amended so that when the office receives instructions with regard to an application from an agent for whom no evidence of the appointment of agent has been recorded in the Office, the Commissioner would advise the patent agent of the need to submit an appointment of agent. Should the applicant or the patent agent provide the office with such an appointment within three months after the date of the notice, the instructions would be deemed received from the authorized correspondent.
http://www.cipo.ic.gc.ca/eic/site/cipointernet-internetopic....
Selected response from:

Oleg Lozinskiy
Russian Federation
Local time: 14:15
Grading comment
4 KudoZ points were awarded for this answer

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Summary of answers provided
3[патентный корреспондент]
Oleg Lozinskiy


  

Answers


34 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5
[патентный корреспондент]


Explanation:
Я бы перевел так, хотя в русском гугле такой термин не встречается. Имеется в виду лицо, уполномоченное вести переписку с патентным ведомством. В России эту функцию обычно исполняет патентный поверенный.

--------------------------------------------------
Note added at 41 мин (2013-11-12 08:08:09 GMT)
--------------------------------------------------

Authorized Correspondent

The Authorized Correspondent is usually the Patent Agent [Patent Rules, s. 2(c)] but in some cases can be one or more of the Inventors [Patent Rules, s. 2(a)].

If the application was filed by the Inventor, and the transfer of the rights to the invention has not been registered in the Patent Office, and no Patent Agent has been appointed, the sole inventor, or one or more of the inventors authorized by all inventors to act on their behalf can be the Authorized Correspondent. In the case of a national phase PCT application, where there are two or more Applicants, and where no Inventor has been authorized, the first named Inventor in the International Application becomes the "authorized correspondent".

The Authorized Correspondent can be the Associate Agent where one has been appointed or has to be appointed [Patent Rules, s. 2, 21].
http://www.jurisdiction.com/pagent.htm#acor

Only The Authorized Correspondent Can Communicate With The Canadian Patent Office In Respect of a Patent Application

In Excelsior Medical Corp. v. Canada (Attorney General), 2011 FCA 303, the Federal Court of Appeal (FCA) confirmed that, in respect of a patent application, the Canadian Intellectual Property Office (CIPO) “can only deal with the applicant’s authorized correspondent” and that “an authorized correspondent only becomes so when the required documents are filed in the Patent Office”, as set out in Section 6(1) of the Patent Rules.
http://simip.com/publication/only-the-authorized-corresponde...

Proposition for change #4 – Representation -- communication with the office

Section 6 of the Patent Rules states that for the purpose of prosecuting or maintaining an application, the Commissioner shall only have regard to communications received from the authorized correspondent which, when appointed, is the patent agent.

This may be problematic in circumstances where the Office receives clear instructions from the applicant but cannot give any consideration to the instructions as the communication does not come from the authorized correspondent.

As prescribed time limits are clearly defined in the statutes, communications to the Office that are not recognized could lead to multiple problems including the loss of patent rights.

It is proposed that the Patent Rules be amended so that when the office receives instructions with regard to an application from an agent for whom no evidence of the appointment of agent has been recorded in the Office, the Commissioner would advise the patent agent of the need to submit an appointment of agent. Should the applicant or the patent agent provide the office with such an appointment within three months after the date of the notice, the instructions would be deemed received from the authorized correspondent.
http://www.cipo.ic.gc.ca/eic/site/cipointernet-internetopic....

Oleg Lozinskiy
Russian Federation
Local time: 14:15
Specializes in field
Native speaker of: Native in RussianRussian
PRO pts in category: 48
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Changes made by editors
Nov 19, 2013 - Changes made by Oleg Lozinskiy:
Edited KOG entry<a href="/profile/610194">Yuriy Vassilenko's</a> old entry - "correspondent" » "[патентный корреспондент]"


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