Central Industrial Property Office

Institut national de la propriété industrielle (INPI)
15 rue des Minimes
CS50001
92677 COURBEVOIE CEDEX

Tel. in France: 01 56 65 89 98
Tel. from abroad: +33 1 56 65 89 98

www.inpi.fr

contact@inpi.fr

 

1. Transfer of rights

2. Licences and other rights

1

Which supporting documents must be filed?

(i) by transaction (e.g. sale, merger)

- sale: copy of the contract (signed by both parties) for an instrument of private agreement, or (for an authentic instrument) a copy of that instrument (see section 7). Registration may relate only to an extract from the instrument, in which case, failing the signature of the parties on the extract, the applicant sends it to INPI, which returns it to him, at his request, after verification of its conformity. Proof of payment of the prescribed fees must be provided.

Art. R. 613-55 Reg.
DG Dec. No. 2017-146

- merger: copy of the merger agreement (for an instrument of private agreement) or (for an authentic instrument) a copy of that instrument, or an extract from the commercial and companies register showing the amendment.

Art. R. 613-56 Reg.


(ii) by operation of law (e.g. succession, insolvency, compulsory execution)

- death (in the case of transfer on death or by unilateral action): a document evidencing the transfer of title.

- insolvency: the transfer of the patent is only registered in the event of liquidation of the insolvent's estate on presentation of the document legally establishing the transfer.

Art. R. 613-56 Reg.

For assignment or the grant of a right of exploitation, the constitution or assignment of a lien, see under 1.


Art. R. 613-55 Reg.
DG Dec. No. 2017-146

2

Must a national professional representative be appointed?

No (provided the applicant has his residence or place of business in France or another EU or EEA member state; otherwise, appointment of a representative is compulsory)


 

3

Must a form be used?

Yes, in 4 copies


 

4

Special fee payable?

EUR 27 per right desig­nated in the request for registration up to a maximum amount of EUR 270 where a request for re­gistration concerns more than 10 rights


Fees Ord. of 24.4.08 (as amended 6.3.20)

EUR 27 per right desig­nated in the request for registration up to a maximum amount of EUR 270 where a request for regis­tration concerns more than 10 rights


Fees Ord. of 24.4.08 (as amended 6.3.20)

5

Entries and data recorded in the register

Transfers of rights, as well as licences, sub-licences, mort­gages, seizure; transfers pur­suant to final judgments (such as action for recovery of property).

Entry in the register has declara­tory effect. However, the act only has effect vis-à-vis third parties from the time of registration.


Art. L. 613-9. PL

 

6

Is a transfer registered by the EPO under Rule 85 EPC recognised?

Yes

Entry in the European Patent Register of acts transmitting or amending the rights deriving from a European patent application or a European patent gives such acts effect with regard to third parties.


Art. L. 614-11. PL

 

7

Special features

Requests for entry in the national patent register are accepted only if they are submitted in electronic form using the dedicated online service offered on the INPI website (eprocedures.inpi.fr).

A copy of the act recording the registration may be sent to the requester if an addi­tional copy of that act was attached to the request.

If the act is not drawn up in French, a full translation must be attached (a sworn translation is not compulsory).


 

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