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CHAPTER XIII REGISTERING TRANSFERS, LICENSES, OTHER RIGHTS, ETC. 1. Transfer of the European patent application A European patent application may be transferred for one or more of the designated contracting states. »»Art. 71 1.1 Without prejudice to Art. 72, the transfer of a European patent application is recorded in the Register of European Patents at the request of an interested party and on production of documents satisfying the EPO that such transfer has taken place. The request is deemed not to have been filed until such time as the prescribed administrative fee has been paid. »»Rule 20(1), (2) 1.2 Any kind of written evidence suitable to prove the transfer is admissible. A declaration signed by both parties is sufficient, but also a declaration of transfer signed by the assignor will do, as the assignee will anyway be notified by the EPO of the entry in the Register. Formal documentary proof (originals or certified copies) such as the instrument of transfer or official documents verifying the transfer or extracts thereof, are equally appropriate. 1.3 In case the evidence presented is found to be unsatisfactory, the EPO informs the party requesting the transfer accordingly, and invites it to remedy the stated deficiencies. 1.4 If the request complies with the requirements of Rule 20(1), the transfer is registered with the date on which the request, the required evidence or the fee has been received by the EPO, whichever is the latest. 1.5 On the above date, the transfer becomes effective vis-à-vis the EPO, i.e. from that date the newly registered applicant is entitled to exercise the right to the European patent application in proceedings before the EPO (Art. 60(3)). In case the transfer was for certain designated states only, Art. 118 applies. »»Rule 20(3) 1.6 The competent department for adverse decisions regarding the entry of the person concerned in the Register of European Patents is the Legal Division. »»Art. 20 2. Transfer of the European patent The above applies mutatis mutandis to the registration of a transfer of the European patent during the opposition period or during opposition proceedings. »»Rule 61 3. Licenses and other rights 3.1 A European patent application may give rise to rights in rem, may be licensed and may be the subject of legal means of execution. Rule 20(1) and (2) apply mutatis mutandis to the registration of the grant, establishment or transfer of such rights (see 1.1 to 1.4 and 1.6). »»Art. 71 »»Art. 73 »»Rule 21 »»Rule 22 3.2 A license shall be recorded in the Register of European Patents as an exclusive license if the applicant and the licensee so require. A license shall be recorded as a sub-license where it is granted by a licensee whose license is recorded in the Register of European Patents. 3.3 Upon request and subject to the payment of the prescribed administrative fee, registered licenses and other rights are cancelled on production of documents satisfying the EPO that the right has lapsed, or of a declaration of the proprietor of the right that he consents to the cancellation. »»Rule 21(2) 4. Change of name Changes in the name of the applicant for or proprietor of a European patent shall be entered in the Register on production of supporting evidence (e.g. copy from the commercial register).

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