I would like to register a licence, another right (e.g. a pledge) or a legal means of execution (e.g. a seizure) for a European patent application. What do I need to do?

To ensure that a licence for a European patent application, rights in rem (e.g. pledges) or legal means of execution (e.g. seizures) are recorded in the European Patent Register, you need to file a request and submit supporting evidence.

How to file a request

There is no prescribed form, but you need to file this kind of request in writing and quote the application number(s) concerned. We recommend filing requests via MyEPO Portfolio, but you can also use EPO Form 5070. The request must be filed by an interested party (licensee or licensor, secured party or debtor, pledgor or pledgee, party pursuing the legal means of execution) or their representative.

How to submit evidence

Any kind of suitable written evidence is admissible. This includes, for example, a copy of the contractual agreement signed by both parties, an extract thereof, some other official document or a declaration signed by both parties. Documentary evidence may be filed in any language. However, the EPO may require a translation into one of its official languages (Rule 3(3) EPC).

The document filed to support the request must contain the following information:

• The name and address of the parties (licensor and licensee, pledgor and pledgee etc.)
• The application number(s) of the application(s) concerned. If the licence, right in rem or legal means of execution applies to a divisional application, the request must include its number.
• A list of the designated states to which the licence, right in rem or legal means of execution applies (or an indication that the request relates to all of the designated states).
• The signatures of both parties if a contractual agreement is involved. Where a party is a legal person, the signature of a natural person entitled to represent the legal entity is required, together with their name and position within the legal entity.

Contracts and declarations submitted as evidence to support such requests may be authenticated by a handwritten, facsimile, text string or digital signature (see the decision of the President of the EPO dated 9 February 2024 concerning signatures on contracts and declarations under Rules 22 and 85 and Rule 23 EPC, OJ EPO 2024, A17, and the notice from the EPO dated 9 February 2024 concerning revised Rule 22 EPC, OJ EPO 2024, A22).

If you wish to exclude confidential information from public file inspection, you can file a redacted version of the evidence that must nevertheless include the above information. Please do not file a request for exclusion from file inspection if you are able to file a redacted version.

If, in exceptional cases, the evidence cannot be redacted and includes highly personal confidential information (e.g. medical data, death certificates, etc.), it may be excluded from file inspection completely at the reasoned request of a party or their representative if it could endanger specific and concrete personal or economic interests (Article 128(4) and Rule 144(d) EPC in conjunction with Rule 20(2)(j) UPR and Article 1(2)(a) of the decision of the President of the European Patent Office dated 12 July 2007 concerning documents excluded from file inspection (Special Edition No. 3, OJ EPO 2007, J.3)).

Exclusive licences may also be recorded pursuant to Rule 24(a) EPC. In such cases, the registration must be requested by both parties. Sub-licences may also be recorded, provided that the main licence has been registered (Rule 24(b) EPC).

Fee

A request for registration may be subject to the payment of an administrative fee under the conditions laid down by the President of the EPO (see Rule 22(2) EPC). No fee is due when the request is filed via MyEPO Portfolio (see the decision of the President of the EPO dated 25 January 2024 revising the Office's fees and expenses, OJ EPO 2024, A5). If the request is filed via other means, the administrative fee remains due and the request for registration is not deemed to have been filed until the fee has been paid (Rule 23(1) in conjunction with Rule 22(2) EPC).

Please check the amount due on the date of payment by consulting the latest version of the schedule of fees and expenses, which is published as a supplementary publication to the EPO's Official Journal and available on the EPO website.

Registration date

The licence, right in rem or legal means of execution is recorded in the European Patent Register and becomes effective before the EPO on the date on which the above-mentioned requirements are met, irrespective of the date on which it became effective between the parties.

Note

• Registration of a licence, right in rem or legal means of execution cannot be requested before the publication of the European patent application.
• The last day on which a licence, right in rem or legal means of execution can be recorded with the EPO is the day before the date on which the grant of the European patent is mentioned in the European Patent Bulletin. If the patent has been granted but no request has been filed in due time, licences, rights in rem and legal means of execution must be recorded with the competent national office(s) in accordance with the relevant national provisions.

How to cancel the registration of licences, other rights and legal means of execution

Please consult Rule 23(2) EPC for the provisions governing the cancellation of registered licences and other rights. We recommend filing requests for cancellation via MyEPO Portfolio. You can also use EPO Form 5071, but there is no fee if you file the request for cancellation via MyEPO Portfolio.

Further information:

Guidelines for Examination in the EPO, E XIV, 6
National law relating to the EPC
MyEPO Portfolio feature guide to submitting requests about applications