I.Transfer 

127A Unitary Patent may be transferred only in respect of all the participating Member States (Article 3(2) Regulation (EU) No 1257/2012). Transfers are recorded in the Register for unitary patent protection at the request of an interested party and on production of documents satisfying the EPO that they have taken place. Requests for recording a transfer are deemed not to have been filed until such time as the prescribed administrative fee has been paid (Rules 22(1) and (2) EPC in conjunction with Article 5 RFeesUPP). If the request is filed via MyEPO Portfolio, it is exempted from payment of the said administrative fee.

128Any kind of written evidence suitable to prove the transfer is admissible. This includes formal documentary proof such as the instrument of transfer itself (original or a copy thereof) or other official documents or extracts therefrom, provided that they immediately verify the transfer. Where the evidence is not in one of the EPO's three official languages, the EPO may require a certified translation into one of those languages. A declaration signed by both parties to the contract verifying the transfer is also sufficient.  

129Assignment documents filed electronically may bear electronic signatures instead of handwritten signatures. 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. In all cases, an indication of the signatory's entitlement to sign, e.g. their position within the legal entity where the entitlement to sign results directly from such position, is to be given. As a general rule, the authorisation to represent a party in proceedings before the EPO within the meaning of Rule 152 EPC, be it an individual or a general authorisation, is not as such considered to empower the representative to enter into such a contract.

130If the evidence submitted is found to be insufficient, the EPO will inform the party requesting the transfer accordingly and invite it to remedy the deficiencies found. If the request complies with the requirements of Rule 22(1) EPC, the transfer will be registered with the date on which the request, the required evidence or the fee was received by the EPO, whichever is the latest.