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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
Estonia

 

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?

(i) by transaction (eg sale, merger, transfer of title)

- sale: request for transfer signed by the registered proprietor or request for transfer signed by the new proprietor, to which is attached a document showing that the transaction has taken place or a certified copy thereof

- merger: request for transfer signed by new proprietor, to which is attached an extract from commercial register

(ii) by operation of law (eg succession, insolvency, compulsory execution): request for transfer signed by transferee, to which is attached a document legally establishing the transfer

§ 16(2) IA

§ 45 PA

Request for registration of rights (licence, pledge, etc.) signed by interested party, to which is attached an original or certified copy of the agreement or an extract from the relevant parts of the agreement

(See also column 7)

 

§ 17 IA

§ 46 PA

2 Must a national professional representative be appointed?

Yes

§ 15 IA

 

3 Must a form be used?

No

No

4 Special fee payable?

EEK 600, unless transfer of rights took place before filing of translation of the European patent specification

§ 144(3) FA

 

5 Entries and data recorded in the register

Transfer of rights, registration of a licence or a pledge

§§ 45 to 47 PA

§ 17(7) IA

 

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

A document certifying payment of the fee must be enclosed.

§ 41(2) PA

Request for transfer of rights, registration of a licence or a pledge may also be signed by the authorised Estonian patent attorney if a power of attorney contains permission to that effect.

 

 


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Version: NatLaw-july 2004
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