6.2. Transfer of the Unitary Patent

A Unitary Patent may be transferred only in respect of all the participating Member States for which the Unitary Patent is registered (Art. 3(2) Regulation (EU) No 1257/2012).

Transfers are recorded in the Register for unitary patent protection at the request of an interested party and on production of documents satisfying the EPO that they have taken place.

The registration of the transfer may be subject to an administrative fee under the conditions laid down by the President of the EPO pursuant to Rule 22(2) EPC (OJ EPO 2024, A5). No administrative fee is due where a request for registration under Rule 20(2)(b) UPR in conjunction with Rule 22 EPC is filed via MyEPO Portfolio. Where the request is filed via other means, the administrative fee remains due. In the latter case, the request is not deemed to have been filed until the administrative fee has been paid (see EPC Guidelines, A-X, 2). The amount of the fee is determined by the latest schedule of fees and expenses of the EPO (see epo.org).

Where a fee is due and the request relates to multiple Unitary Patents, a separate fee must be paid for each Unitary Patent. Simultaneous payment for multiple Unitary Patents is only possible using the batch functionality in Central Fee Payment (see the notice from the EPO dated 19 July 2022, OJ EPO 2022, A81). Where batch payment was attempted via any other means, e.g. by editing the amount to be paid on EPO Form 7038 filed electronically, the transfer will be registered for the first Unitary Patent only and the overpayment will be refunded. Payment of the fee due in respect of each of the Unitary Patents for which the batch payment failed will need to be effected again, which will lead to different dates of legal effect.

Where a fee is due and the request for registration of a transfer of rights affects both the Unitary Patent and the European patent for the remaining EPC contracting states not territorially covered by the unitary effect, only one administrative fee is due.

Any kind of written evidence suitable to prove the transfer is admissible. This includes formal documentary proof such as the instrument of transfer itself (original or a copy thereof) or other official documents or extracts thereof, provided they immediately verify the transfer. The evidence may be filed in any language. The EPO may, however, require a translation into one of its official languages (Rule 3(3) EPC).

Refer to the EPC Guidelines for further information on the formal requirements for requesting a transfer and the evidence to be filed alongside the request (see EPC Guidelines, E-XIV, 3 and 4).

For the formal requirements for signatures and authorisations, see 7.2.5 and 7.3.