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

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

1 Which supporting documents must be filed?

sale: original of the instrument of private agreement or a copy of the authentic instrument (see column 7). Registration may relate only to an extract from the instrument, in which case, failing the signature of the parties on the extract, the applicant sends it to INPI, which returns it to him, at his request, after verification of its conformity. Proof of payment of the prescribed fees must be provided.

Art. R. 613-55 Decr.

merger: original of the merger agreement

Art. R. 613-56 Decr.

death (in the case of transfer on death or by unilateral action): a document evidencing the transfer of title.

insolvency: the transfer of the patent is only registered in the event of liquidation of the insolvent’s estate on presentation of the document legally establishing the transfer.

Art. R. 613-56 Decr.

For assignment or the grant of a right of exploitation, the constitution or assignment of a lien, see under 1.

Art. R. 613-55 Decr.

2 Must a national professional representative be appointed?

No

No

No

3 Must a form be used?

Yes, in 4 copies

Yes, in 4 copies

Yes, in 4 copies

4 Special fee payable?

EUR 26 up to a maximum amount of EUR 260 where a request for registration concerns several rights

Fees Ord. of 24.12.01

EUR 26 up to a maximum amount of EUR 260 where a request for registration concerns several rights

Fees Ord. of 24.12.01

5 Entries and data recorded in the register

Transfers of rights, as well as licences, sub-licences, mortgages, seizure; transfers pursuant to final judgments (such as action for recovery of property).

Entry in the register has declaratory effect. However, the act only has effect vis-à-vis third parties from the time of registration.

Art. L. 613-9. Law No. 92-597

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

Yes

Entry in the European Patent Register of acts transmitting or amending the rights deriving from a European patent application or a European patent gives such acts effect with regard to third parties.

Art. L. 614-11. Law No. 92-597

7 Special features

The original of the instrument of private agreement may be returned to the applicant if a copy thereof is attached to the application.

If the act is not drawn up in French, a full translation must be attached (a sworn translation is not compulsory).