Licences and other rights 
5.11.008
A European patent application may be licensed or give rise to rights in rem and may be the subject of legal means of execution in respect of the whole or part of the territories of the designated contracting states. 
5.11.009
Rule 22 applies to the registration of the grant or transfer of a licence, the establishment or transfer of a right in rem and any legal means of execution affecting such an application (see point 5.11.003). The above standard of proof applies to the registration of licences and rights in rem. For the registration of legal means of execution, however, the instrument itself (the original or a copy thereof) must be filed.
5.11.010
Licences, rights in rem and legal means of execution are registered only in respect of pending European patent applications. No such rights are entered in the European Patent Register after a European patent has been granted. 
5.11.011
A licence will be recorded as an exclusive licence if the applicant and the licensee so request. A licence will be recorded as a sub-licence where it is granted by a licensee whose licence is recorded in the European Patent Register. The terms and conditions of the licences are governed by the national law applicable in each case. 
5.11.012
Upon request and subject to payment of the prescribed administrative fee, a registration of a licence or other right will be cancelled, subject to submission of documents providing evidence that the right has lapsed or of a declaration by the proprietor of the right that they consent to its cancellation. 
 
 

Quick Navigation