National Law relating to EPC, IX. Registering a transfer, licences and other rights in respect of a European patent in the national patent register, France
Contracting state | France | |
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1 Transfer of rights |
2 Licences and other rights |
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1Which supporting documents must be filed? |
(i) by transaction (e.g. sale, merger) – sale: copy of the contract (signed by both parties) for an instrument of private agreement, or (for an authentic instrument) a copy of that instrument (see section 7). Registration may relate only to an extract from the instrument, in which case, failing the signature of the parties on the extract, the applicant sends it to INPI, which returns it to him, at his request, after verification of its conformity. Proof of payment of the prescribed fees must be provided. Art. R. 613-55 Reg. – merger: copy of the merger agreement (for an instrument of private agreement) or (for an authentic instrument) a copy of that instrument, or an extract from the commercial and companies register showing the amendment. Art. R. 613-56 Reg. (ii) by operation of law (e.g. succession, insolvency, compulsory execution) – death (in the case of transfer on death or by unilateral action): a document evidencing the transfer of title. – insolvency: the transfer of the patent is only registered in the event of liquidation of the insolvent's estate on presentation of the document legally establishing the transfer. Art. R. 613-56 Reg. |
For assignment or the grant of a right of exploitation, the constitution or assignment of a lien, see under 1. Art. R. 613-55 Reg. |
2Must a national professional representative be appointed? |
No (provided the applicant has his residence or place of business in France or another EU or EEA member state; otherwise, appointment of a representative is compulsory) |
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3Must a form be used? |
Yes, in 4 copies |
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4Special fee payable? |
EUR 27 per right designated in the request for registration up to a maximum amount of EUR 270 where a request for registration concerns more than 10 rights Fees Ord. of 24.4.08 (as amended 6.3.20) |
EUR 27 per right designated in the request for registration up to a maximum amount of EUR 270 where a request for registration concerns more than 10 rights Fees Ord. of 24.4.08 (as amended 6.3.20) |
5Entries and data recorded in the register |
Transfers of rights, as well as licences, sub-licences, mortgages, seizure; transfers pursuant to final judgments (such as action for recovery of property). Entry in the register has declaratory effect. However, the act only has effect vis-à-vis third parties from the time of registration. Art. L. 613-9. PL |
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6Is a transfer registered by the EPO under Rule 85 EPC recognised? |
Yes Entry in the European Patent Register of acts transmitting or amending the rights deriving from a European patent application or a European patent gives such acts effect with regard to third parties. Art. L. 614-11. PL |
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7Special features |
Requests for entry in the national patent register are accepted only if they are submitted in electronic form using the dedicated online service offered on the INPI website (eprocedures.inpi.fr). A copy of the act recording the registration may be sent to the requester if an additional copy of that act was attached to the request. If the act is not drawn up in French, a full translation must be attached (a sworn translation is not compulsory). |