5. Designation of inventor
5.3 Designation filed in a separate document
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A revised version of this publication entered into force. |
Where the designation is filed in a separate document it must contain the surname family name, given names and country and place of residence full address (to meet the customary requirements for postal delivery) of the inventor,. The place of residence is the city or municipality, i.e. not the province or region, where the inventor permanently resides and should preferably include the postal code (see the Notice from the EPO dated 22 February 2021, OJ EPO 2021, A12). The country and place of residence may also be that of the applicant (e.g. a company). Furthermore, the designation must contain the statement, referred to in Art. 81, indicating the origin of the right to the patent and the signature of the applicant or the appointed representative.
In the case of assignment, the words "by agreement dated ..." suffice, in the case of inventions by employees a mention that the inventor(s) is/are employee(s) of the applicant(s) and in the case of succession a mention that the applicant(s) is/are heir(s) of the inventor(s).
The designation of inventor must be signed by the applicant or the appointed representative. With regard to the signature, the provisions set out in A‑VIII, 3.2 to A‑VIII, 3.4, apply.
The EPO does not verify the accuracy of the information given in the designation of the inventor.
If the designation of inventor is filed subsequently, the requirements set out in A‑VIII, 3.1 apply.
5.4Notification
If the applicant is not the inventor or is not the sole inventor, the Receiving Section must notify the inventor of the data contained in the document designating the inventor together with the data mentioned in Rule 19(3) relating to the application. It should be noted, however, that neither the applicant nor the inventor may invoke either the omission of this notification or any errors contained in it.
Rule 19(3) and (4)
The inventor is notified at the address as indicated by the applicant. If the notification is returned to the EPO because the inventor is not known at the address indicated or has moved to an unknown new address, the applicant is asked whether the inventor's new address is known. If the applicant gives a new address, the inventor is notified at that address. Otherwise no further attempt at notification is made.
No notification is made where the inventor addresses to the EPO a written waiver of the notification under Rule 19(3) (see Notice of the EPO, OJ EPO 1991, 266). The waiver must be filed with the designation of inventor and, where not filed in the version provided by the EPO online filing software, contain the information to be supplied to the inventor by the EPO under Rule 19(3), i.e.:
(i)the number and date of filing of the European patent application, if known;
(ii)where the priority of an earlier application is claimed, the date and state of the earlier application, and its number, if known;
(iii)the name of the applicant;
(iv)the title of the invention;
(v)the contracting states designated; and
(vi)the name(s) of any co-inventor(s).