Recording A Transfer Of Rights At The EPO
Recording a transfer of rights at the EPO
The EPO will register a transfer of rights in respect to a pending European patent application on request in writing and upon fulfillment of the requirements of Rule 22 EPC. An Official Fee is payable to the EPO.
Evidence of the transfer must be provided. According to the Guidelines for Examination, any kind of written evidence suitable for proving the transfer is admissible provided that it immediately verifies the transfer. Art 72 requires that, for an assignment, the signatures of both the assignee and assignor are required.
When a document is signed on behalf of a legal entity or company, the signatory must provide their job title and the EPO reserve the right to request proof of the signatory’s authority to sign. It is our experience that it is becoming standard practice at the EPO to request this proof. This proof can be in the form a letter from the director or owner of the company, for example.
If the evidence is not satisfactory, the EPO will invite the person making the request to remedy the deficiencies by a given time limit.