5.11 How to register transfers, changes of name, licences and other rights
5.11.1Transfer of rights
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A revised version of this publication entered into force. |
5.11.002On request, the EPO will register the transfer of rights in respect of a pending European patent application in the European Patent Register, upon fulfilment of certain requirements. The transfer of a European patent can only be registered during the opposition period or as long as opposition proceedings are pending before the EPO.
5.11.003In order for a transfer of rights to be entered in the European Patent Register, the following requirements have to be met:
(b) Payment of the corresponding administrative fee for each European patent application or patent concerned. The request is not deemed to have been filed until this fee has been paid. The amount of the fee is determined by the latest schedule of fees and expenses of the EPO.
(c) Filing of documents providing evidence of the transfer.
5.11.004Any 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 from them, provided that they immediately verify the transfer. The signatures of the parties to the contract must appear on the documents submitted as evidence. Where the request is filed electronically with the EPO (see point 4.3.001), the assignment document may, instead of handwritten signatures, bear qualified electronic signatures as defined in the Notice from the EPO dated 22 October 2021. Where the original document is not in one of the EPO's three official languages, the EPO may require a certified translation in one of those languages. A declaration signed by the parties to the contract verifying the transfer is also sufficient, e.g. EPO Form 5055, which is available on the EPO website (epo.org).
5.11.005Where 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.
GL E‑XIV, 3
5.11.006If the evidence is found to be unsatisfactory, the EPO will inform the party requesting the transfer accordingly and invite it to remedy the stated deficiencies. If the request complies with the requirements of Rule 22, the transfer will be registered with effect from the date on which the request, the supporting evidence or the fee was received at the EPO, whichever is the latest. In case of a minor deficiency, i.e. if all requirements were complied with but not to the full extent required (e.g. the request was signed but the name and/or position of the person signing were missing), the date of receipt of the original request for registration will be considered the effective date once the deficiency has been rectified.