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Patents: Assignment
- 1. How may a patent be assigned (by law and/or transaction) and is it required to record the assignment in the national patent register to become effective?
- 2. Which formalities must be met to record a patent assignment? Which supporting documents are required?
- 2.1 Are original supporting documents essential or are copies sufficient?
- 2.2 Are there any legalization and/or notarization and/or translation requirements?
- 2.3 Is there a must to use a specific form?
- 3. What are the legal consequences of not recording the patent assignment? Does the record in the patent register have declarative or constitutive effect?
- 4. Are there specific formalities in case the patent is held by more than one proprietor?
- 5. Is there a need to appoint a domestic professional representative?
- 6. Which official fees (if any) arise from recording a patent assignment?
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Patents: Licensing
- 7. Which forms of licensing patents exist and which ones must be recorded in the patent register to become effective (if any)?
- 8. Which formalities must be met to record a patent licence? Which supporting documents are required?
- 8.1 Are original supporting documents essential or are copies sufficient?
- 8.2 Are there any legalization and/or notarization and/or translation requirements?
- 8.3 Is there a must to use a specific form?
- 9. What are the legal consequences of not recording the patent licence? Does the record in the patent register have declarative or constitutive effect?
- 10. Is there a need to appoint a domestic professional representative?
- 11. Which official fees (if any) arise from recording a patent licence?
- Patents: Pledge
jurisdiction
- Austria
- Belgium
- Bosnia and Herzegovina
- Bulgaria
- Chile
- China
- Colombia
- Croatia
- Czech Republic
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EPO European Patents
- EPO Unified Patents
- EUIPO
- European Union
- France
- Germany
- Hong Kong
- Hungary
- Italy
- Luxembourg
- Netherlands
- North Macedonia
- Norway
- Peru
- Poland
- Portugal
- Serbia
- Singapore
- Slovakia
- Slovenia
- Spain
- Switzerland
- Turkiye
- Ukraine
- United Kingdom
Patents: Assignment
1. How may a patent be assigned (by law and/or transaction) and is it required to record the assignment in the national patent register to become effective?
A European patent application or patent may be assigned as a whole or in part for one or more of the designated contracting states.
Assignment of a European patent application must be registered at the European Patent Office (EPO).
Assignment of European patent can also be registered during the opposition period or during opposition proceedings.
2. Which formalities must be met to record a patent assignment? Which supporting documents are required?
2.1 Are original supporting documents essential or are copies sufficient?
An assignment of a European patent application must be signed by, or on behalf of, both the assignor and the assignee.
2.2 Are there any legalization and/or notarization and/or translation requirements?
Form 5050 can be used to register an assignment, although it is not required to use this specific form.
2.3 Is there a must to use a specific form?
Furthermore, any kind of written evidence (original or copy) suitable for proving the transfer is admissible should be filed.
3. What are the legal consequences of not recording the patent assignment? Does the record in the patent register have declarative or constitutive effect?
The record in the patent register has a declarative effect.
4. Are there specific formalities in case the patent is held by more than one proprietor?
Assignments require the consent of all proprietors.
5. Is there a need to appoint a domestic professional representative?
A domestic professional representative is required for European patent applications, where the applicant is neither a resident nor has a principal place of business in an EPO contracting state.
6. Which official fees (if any) arise from recording a patent assignment?
Registration of transfer: EUR 115
Patents: Licensing
7. Which forms of licensing patents exist and which ones must be recorded in the patent register to become effective (if any)?
Patent licences may be exclusive, sole or non-exclusive. Sub-licences are also allowed.
Licences may be geographically limited to parts of the territories of the designated contacted states only.
Licences can be recorded at the EPO.
8. Which formalities must be met to record a patent licence? Which supporting documents are required?
Documentary evidence must be submitted to record a licence but a copy is sufficient.
There are no legalisation or notarisation requirements.
8.1 Are original supporting documents essential or are copies sufficient?
For registration, applications can be in the official languages of the EPO: English, French and German. If the application is not filed in one of these languages, a translation has to be submitted.
8.2 Are there any legalization and/or notarization and/or translation requirements?
In the case of co-applicants, the registration of licences requires the consent of each of the co-applicants.
8.3 Is there a must to use a specific form?
Form 5050 can be used to register a licence, although it is not required to use this specific form.
9. What are the legal consequences of not recording the patent licence? Does the record in the patent register have declarative or constitutive effect?
The record in the patent register has a declarative effect.
10. Is there a need to appoint a domestic professional representative?
A domestic professional representative is required for European patent applications, where the applicant is neither a resident nor has a principal place of business in an EPO contracting state.
11. Which official fees (if any) arise from recording a patent licence?
Registration of transfer: EUR 115
Patents: Pledge
12. It is possible to pledge a patent? If yes, is it required to record such pledge in the patent register?
It is possible to pledge a patent. There is no requirement to record a pledge on the patent register, although it is possible to do so.