INFORMATION FROM THE CONTRACTING / EXTENSION STATES
DE Germany
Judgment of the Bundesgerichtshof (Federal Court of Justice), 10th Civil Senate, dated 23 June 1992
(X ZR 98/90)*
Headword: Magazinbildwerfer (Magazine projector)
Article: 72 EPC
Sections 6 Utility Model Law 1961 and 14 Utility Model Law 19861
Keyword: "Assignment of a European patent application – formal requirements" - "Right of use vis-à-vis a patent derived from autility model having the same priority"
Headnote
1. Failure to observe the formal requirements laid down in Article 72 EPC renders assignment of a European patent application ineffective.
2. The requirement laid down in Article 72 EPC that the assignment be made in writing is observed if both parties sign in a deed the declaration giving rise to the assignment. It must however be clear from the deed who the parties to the assignment are. Even the inadvertent incorrect designation of a party is prejudicial to the effectiveness of the assignment.
3. A right of use vis-à-vis a patent can be derived from autility model with the same priority only for the period for which the utility model is valid.
DE 1/93