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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
Luxembourg

 

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?

- original or certified copy of the substantiating document, or

- private agreement between the parties, or joint declaration by the parties confirming the assignment or agreement, or

- more rarely, acknowledgement or confirmation of the transfer by the transferor and separate declaration of acceptance or confirmation by the transferee

Art. 53 PL

Art. 23 Decr.

as under 1.

2 Must a national professional representative be appointed?

No

Patentees with residence/place of business within the European Union must appoint a national professional representative only if they want "to exercise the rights derived from the patent".

Art. 83(4) PL

Yes

3 Must a form be used?

Yes

No

4 Special fee payable?

EUR 7 per patent

EUR 7 per patent mortgaged

5 Entries and data recorded in the register

Identity of assignee and date of his declaration

Entry in the register has legal effect, except in the case of death.

Identity of the mortgagee; mortgage term

Licence: exclusive or non-exclusive; sub-licence

Art. 23 Decr.

 

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

Publication in the "Mémorial"

Documents are also accepted in English and German.

Art. 2 Decr.

 

 


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Version: NatLaw-july 2004
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