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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
Monaco

 

1. Transfer of rights

 

2. Licences and other rights

 

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

(ii) by operation of law (eg succession, bankruptcy, legal means of execution)

 

1 Which supporting documents must be filed?

sale and merger: The application (form) is drawn up on unstamped paper in two copies which must contain all the necessary details concerning the transfer in question.

Production of a certified copy of the instrument of transfer. This copy must be registered with the Principality’s "Direction des Services Fiscaux".

death and bankruptcy: certified copy of the instrument of transfer

transfer by succession: notarised document or abstract of the inventory

Art. 18 PL

Art. 37 SO No. 1476

Filing of a certified copy of the licence or lien

2 Must a national professional representative be appointed?

No

No

No

3 Must a form be used?

No

No

No

4 Special fee payable?

EUR 16 per entry

EUR 16 per entry

EUR 16 per entry

5 Entries and data recorded in the register

Transfers of rights, as well as licences, seizure and charges

The transfer or amendment of rights only has effect vis-à-vis third parties once it has been entered in the special patent register and in so far as this transfer or amendment has been entered in the European Patent Register.

Art. 11 SO No. 10.427

 

 

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

Yes

A transfer recorded in the EPO European Patent Register is recognised.

 

 

7 Special features

Assignments are published in the “Journal de Monaco”.

Documents not drafted in French must be accompanied by a translation.

 

 

 


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Version: NatLaw-july 2004
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