(i) by transaction (eg sale, merger)

(ii) by operation of law (eg succession, insolvency, compulsory execution)

- Exclusive licence:

- Licence of right:

1 Which supporting documents must be filed?

- sale: - evidence in the form of procedural declarations

Request for transfer signed by the registered proprietor or his representative and by the successor in title or his representative

or

request for transfer signed by the successor in title or his representative, to which is attached a declaration signed by the registered proprietor or his representative to the effect that he agrees to the registration of the successor in title (authorisation of transfer)

- other documents showing that the transaction has taken place (eg an agreement signed by the registered proprietor and the successor in title)

- consolidation (merger of companies): extract from the register for the principal place of business of the new proprietor of the right

- succession: duplicate of certificate of inheritance, certificate of inheritance limited where appropriate to specific items in the case of foreigners; certified copy of will with a copy of the probate proceedings -

- insolvency: authorisation by official receiver of transfer (proof of representation in the form of a duplicate or certified copy of the certificate of appointment)

§ 15 in conjunction with § 30(3) PA

written request from licensee with certified authorisation by the patent proprietor or request from the patent proprietor with declaration of consent by the licensee

§ 30(4) PA

declaration in writing by the patent proprietor

§ 23(1) PA

2 Must a national professional representative be appointed?

Yes

§ 25 PA

Yes

§ 25 PA

Yes

3 Must a form be used?

No

No

No

4 Special fee payable?

None

EUR 25

No. 313 400 Fees Schedule LPF

No

5 Entries and data recorded in the register

Entry in the register has declaratory effect.

Note concerning grant of licence

Note concerning licence of right

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.

7 Special features

Further details are contained in the "Richtlinien für die Um­schreibung von Schutzrechten und Schutzrechtsanmeldungen in der Patentrolle ..." ("Guidelines for the transfer of different kinds of protection of property rights and applications for property rights in the register of patents ...") of 28 October 1996, amended as of 1 January 2002 (Bl.f.PMZ 2002, 11).

In the case of foreign-language documents drawn up in English, French, Italian or Spanish, the DPMA can require a translation of either the whole document or extracts from it, and that the translation be certified by a lawyer or patent attorney or prepared by an officially appointed translator. Where documents are drawn up in another language, a translation of the whole document or extracts from it is always required, either certified by a lawyer or patent attorney or prepared by an officially appointed translator.

The note is deleted on request of the patent proprietor or the licensee. The request for deletion by the patent proprietor must be substantiated by consent of the licensee recorded or his successor in title.

§ 30(4) PA

The fee for deletion of the note is EUR 25.

No. 313 500 Fees Schedule LPF

Renewal fees due after receipt of the declaration are halved.