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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
Netherlands

 

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?

either the original or a copy of the document containing the declaration of transfer by the proprietor and declaration of acceptance by the assignee

Art. 64, 65 PA

Original or a copy of the licence agreement, or an accepted testamentary disposition

Art. 56 PA

2 Must a national professional representative be appointed?

No

No

3 Must a form be used?

No

No

4 Special fee payable?

EUR 27

Art. 64(1) PA

Art. 8(2) PR

EUR 27

Art. 56(2) PA

Art. 8(2) PR

5 Entries and data recorded in the register

Any special stipulations made in respect of the transfer

Transfer confers substantive rights.

Transfer by assignment shall take effect vis-à-vis third parties only after its entry in the register.

Art. 64, 65 PA

Licence (how created, sub-licence)

A licence established by an agreement or testamentary disposition shall take effect vis-à-vis third parties only after its entry in the register.

Art. 56(2) PA

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

Yes

A certified copy of the EPO certificate (EPO Form 2544) is required.

 

7 Special features

Documents are accepted in Dutch, English, French and German.

 

 


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Version: NatLaw-july 2004
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