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IX. Registering a transfer, licences and other rights in respect of a European patent in the national patent register
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Introduction Abbreviations National legal bases Filing of European patent applications pursuant to Article 75, paragraphs 1(b) and 2, EPC Rights conferred by a European patent application after publication pursuant to Article 93 EPC (Article 67 EPC) Filing of translations of the claims pursuant to Article 67(3) EPC Filing of translations of the patent specification under Article 65 EPC Authentic text of a European patent application or European patent (Article 70 EPC) Payment of renewal fees for European patents Conversion of European patent applications or patents into national patent applications or patents Payment of fees Registering a transfer, licences and other rights in respect of a European patent in the national patent register Miscellaneous

Contracting States

Austria
Belgium
Bulgaria
Cyprus
Czech Republic
Denmark
Estonia
Finland
France
Germany
Greece
Hungary
Iceland
Ireland
Italy
Liechtenstein
Lithuania
Luxembourg
Monaco
Netherlands
Poland
Portugal
Spain
Romania
Slovakia
Slovenia
Sweden
Switzerland
Turkey
United Kingdom

Extension States

Albania
Bosnia and Herzegovina
Croatia
Latvia
Lithuania
The former Yugoslav Republic of Macedonia
Romania
Serbia and Montenegro Slovenia


National legal basis

Filing patent applications

Rights conferred

Translations of claims

Tranlations of patent specifications

Authentic text

Renewal fees

Conversion

Payment of fees

Registering a transfer

Miscellaneous 

 

Contracting State
Belgium

 

1. Transfer of rights by transaction (eg sale, merger) or by operation of law (eg succession, insolvency, compulsory execution)

2. Licences and other rights

3. Adjoining rights, pledging

1 Which supporting documents must be filed?

- Notification to OPRI accompanied by either a certified copy of the instrument of assignment or of the official document recording the transfer of rights, or a certified extract from such instrument or document

- proof that the fee has been paid

Art. 44 PA

Notification to OPRI accompanied by either a certified copy of the licence agreement or a certified extract from such document sufficient to prove that a licence has been granted.

Art. 34, 45 PA

as under 1.

Art. 46 PA

2 Must a national professional representative be appointed?

see table III.B, column 1

see table III.B, column 1

see table III.B, column 1

3 Must a form be used?

No

Yes, for contractual licences

No

4 Special fee payable?

EUR 12 per patent (in the form of Belgian revenue stamps)

EUR 12 per patent (in the form of Belgian revenue stamps)

EUR 12 per patent (in the form of Belgian revenue stamps)

5 Entries and data recorded in the register

Entry in the register has declara­tory effect.

However, entry in the register gives effect to the assignment as against third parties and OPRI as from the date of its notification to OPRI.

Art. 44(6) PA

Art. 8(1) RD of 27.2.1981

Entry in the register gives effect to the licence agreement as against third parties and OPRI.

Art. 45 PA

Art. 46(2) PA

6 Is a transfer registered by the EPO under Rule 61 EPC recognised?

Yes

A copy of the EPO certificate (EPO Form 2544) is required together with a letter by the party concerned explaining the nature of the transfer.

 

 

7 Special features

Documents not drafted in one of OPRI’s official languages must be accompanied by a translation.

(Concerning OPRI’s official languages see table II, column 4)

Seizure: Art. 47 PA

Adjoining rights, pledging: Art. 46 PA

 

 

 


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Version: NatLaw-july 2004
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