Can I use certified copy of form 1 (proof of right to make an application) as an assignment for subsequent filing at EPO

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abhijit.wanjari
Posts: 2
Joined: Wed Dec 11, 2019 7:15 am

Can I use certified copy of form 1 (proof of right to make an application) as an assignment for subsequent filing at EPO

Post by abhijit.wanjari » Wed Dec 11, 2019 7:21 am

Hello All,

Can I use certified copy of form 1 (proof of right to make an application) as an assignment for subsequent filing at EPO. The form 1 is nothing but an assignment made by the inventors to the applicant and is required to be filed along with the Indian Application.

Can the certified copy of the form 1 be used as an assignment for subsequent filing at the EPO.

Thanks and Regards,

Abhijit


EPO / Patent Information
Posts: 495
Joined: Wed Nov 12, 2014 3:36 pm

Re: Can I use certified copy of form 1 (proof of right to make an application) as an assignment for subsequent filing at

Post by EPO / Patent Information » Mon Jan 13, 2020 10:20 am

Dear Abhijit,
Pursuant to Rule 22(3) EPC, a request for the registration of a transfer of a European patent application in the European Patent Register must be accompanied by documentary evidence of the transfer. In principle, this is the assignment document itself or a confirmatory declaration signed by both parties that such a transfer has taken place.
It is essential that the document immediately verifies the transfer and that a document signed by both parties is filed.
Please refer to Part E-XIV-2 of the Guidelines for Examination as well the note 7 to Form 5050 available on the EPO Website for more detailed information on this subject.

As the EPO does not verify the right of the applicant to file the application, an according statement by the applicant only (possibly relating to a foreign patent application only) would not suffice as documentary evidence within the meaning of Rule 22(3) EPC.

We trust that this information is of assistance. Please be not hesitate to contact the Legal Division of the EPO directly under legaldivision@epo.org in case of remaining doubts or further questions.
Kind regards,

The Patent Information User Support Team


abhijit.wanjari
Posts: 2
Joined: Wed Dec 11, 2019 7:15 am

Re: Can I use certified copy of form 1 (proof of right to make an application) as an assignment for subsequent filing at

Post by abhijit.wanjari » Tue Jan 14, 2020 7:25 am

Thank you for the reply. but as "proof of right" i.e. form 1 is also an assignment from inventors to the applicant, still it can't be used instead of assignment for subsequent filing?


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