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1. Transfer of rights by transaction (eg sale, merger) or by operation of law (eg succession,
insolvency, compulsory execution):
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2. Licences and other rights
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1 Which supporting documents must be
filed?
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Statement from the previous patent
proprietor or another confirmatory document. The IPI may request, if this
seems indispensable, that the signature be authenticated or that another
confirmatory document be submitted such as an extract from the commercial
register.
Art. 105(2), 105(2bis) PO
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Application and documents as under 1.
Art. 105(2), 105(2bis) PO
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2 Must a national professional
representative be appointed?
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No
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3 Must a form be used?
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No, but recommended
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4 Special fee payable?
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CHF 100 plus CHF 50 for each patent if
the same changes are requested simultaneously
Art. 105(5) PO
Fees Reg. (Annex III)
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No fees if the changes are based on an
enforceable judgment or an order by an authority responsible for distraint
measures
Art. 105(6) PO
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5 Entries and data recorded in the
register
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Transfer of rights, licences,
sub-licences, real rights
Declaratory effect
However, entry in the register has an
influence on the legal position of third parties.
Art. 33(3), 33(4), 36(3) PA
Art. 105 PO
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6 Is a transfer registered by the EPO
under Rule 61 EPC recognised?
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Yes
Entry in the register is made on payment
of the fee (CHF 100). A transfer recorded in the EPO European Patent
Register is recognised by the IPI.
Only one fee is payable where
applications under column 1 are filed simultaneously.
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7 Special features
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For documents not drafted in one of the
IPI’s official languages a translation will only be requested if the
documents proving the transfer of rights are not evident.
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