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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
Switzerland / Liechtenstein

 

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

2. Licences and other rights

1 Which supporting documents must be filed?

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

Application and documents as under 1.

Art. 105(2), 105(2bis) PO

2 Must a national professional representative be appointed?

No

 

3 Must a form be used?

No, but recommended

 

4 Special fee payable?

CHF 100 plus CHF 50 for each patent if the same changes are requested simultaneously

Art. 105(5) PO

Fees Reg. (Annex III)

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

5 Entries and data recorded in the register

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

 

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

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.

 

7 Special features

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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Version: NatLaw-july 2004
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