transfer patent

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sofib
Posts: 1
Joined: Thu Jan 16, 2020 6:49 pm

transfer patent

Post by sofib » Thu Jan 16, 2020 6:54 pm

what is the procedure for sending notification of the transfer of ownership of a European patent to the EPO?


EPO / Innovation Networks
Posts: 724
Joined: Wed Nov 12, 2014 3:36 pm

Re: transfer patent

Post by EPO / Innovation Networks » Mon Jan 20, 2020 1:58 pm

The registration of a transfer (assignment) of a pending European patent application is recorded in the Register of European Patents at the request of an interested party. There is no prescribed form (or templates) for such requests, which requires to be made by letter, fax or online quoting the application number(s).

Concerning E-XIV, 3, of the 'Guidelines for Examination in the EPO' Rule 22 furthermore requires the production of documents providing evidence of such a transfer. Any kind of written evidence suitable for proving the transfer is admissible. This includes
formal documentary proof such as the instrument of transfer itself (the original or a copy thereof) or other official documents or extracts thereof, provided that they immediately verify the transfer (J 12/00). Art. 72 requires that the signatures of the parties appear on the documents submitted as evidence of the transfer.

Where a document is signed on behalf of a legal person, only such persons as are entitled to sign by law, by the legal person’s articles of association or equivalent or by a special mandate may do so. National law applies in that respect. In all cases, an indication of the signatory’s entitlement to sign, e.g. his/her position within the legal entity where the entitlement to sign results directly from such a position, is to be given. The EPO reserves the right to request documentary proof of the signatory’s authority to sign if the circumstances of a particular case necessitate this. Where the entitlement results from a special authorisation, this authorisation (a copy thereof, which need not be certified) has to be submitted in every case. The EPO will in particular examine whether the signatory is empowered to enter into a legally binding contract on behalf of the legal entity.

The registration process of the transfer of rights may take on average 2 - 4 weeks depending on whether the criteria the EPO’s requirements are met. Therefore, if the request is urgent please kindly mark it so.

Please note that the administrative fee for registering the transfer is currently Euro 100 per application (Rule 22(2) EPC - Fee code 022) (see 'Administrative fees' in the 'Interactive Schedule of fees'). If the fee has not been paid the EPO will request payment before registering the transfer, so it is preferable that the fee be paid either before or with the request.

When submitting one letter only, it should indicate either all the European application number(s) to which the request applies or explicitly indicate that it relates to all the applications pending before the EPO in that specific applicants name. If you intend to send a 'bulk' request and have any questions in advance you may contact: DigitisationM@epo.org

If you have any open questions you may contact the EPO's Legal Division directly: legaldivision@epo.org
Kind regards,

The Innovation Networks Team


Jade295b
Posts: 1
Joined: Fri Feb 21, 2020 1:07 pm

Re: transfer patent

Post by Jade295b » Fri Feb 21, 2020 1:12 pm

vielen Dank, dass Sie mir diese Informationen auch sehr geholfen


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