National Law relating to EPC, IX. Registering a transfer, licences and other rights in respect of a European patent in the national patent register, Germany
IX. Registering a transfer, licences and other rights in respect of a European patent in the national patent register
| Contracting state | Germany | |
|---|---|---|
1 Transfer of rights |
2 Licences and other rights |
|
1Which supporting documents must be filed? |
(i) by transaction (e.g. sale, merger) – sale: evidence in the form of a request for transfer signed by the registered proprietor or his representative and by the successor in title or his representative or a request for transfer signed by the successor in title or his representative, to which is attached a declaration signed by the registered proprietor or his representative to the effect that he agrees to the registration of the successor in title (authorisation of transfer) or to which are attached other documents showing that the transaction has taken place (e.g. an agreement signed by the registered proprietor and the successor in title) § 28(3), (4), (5), (6) DPMAV – consolidation (merger of companies): extract from the register for the principal place of business of the new proprietor of the right (ii) by operation of law (e.g. succession, insolvency, compulsory execution) – succession: duplicate of certificate of inheritance, certificate of inheritance limited where appropriate to specific items in the case of foreigners; certified copy of will with a copy of the probate proceedings – insolvency: authorisation by official receiver of transfer (proof of representation in the form of a duplicate or certified copy of the certificate of appointment) § 15(1) in conjunction with § 30(3) PA |
- Exclusive licence: Written request from the exclusive licensee with authorisation from the patent proprietor or written request from the patent proprietor with authorisation from the exclusive licensee § 15(2) in conjunction with § 30(4) PA - Licence of right: Written endorsement from the patent applicant or patent proprietor § 23(1) PA |
2Must a national professional representative be appointed? |
Yes § 25 PA |
Yes § 25 PA Yes § 25 PA |
3Must a form be used? |
No, but DPMA forms should be used. § 28(4) DPMAV |
No No |
4Special fee payable? |
None |
EUR 25 No. 313 400 Fees Schedule LPF None |
5Entries and data recorded in the register |
Entry in the register has declaratory effect. The registered proprietor is deemed to be the patent holder before the DPMA and the Federal Patents Court. § 30(3) PA |
Licence grant § 30(4) PA Licence of right endorsement § 23(1) PA |
6Is a transfer registered by the EPO under Rule 85 EPC recognised? |
Yes A copy of the EPO certificate (EPO Form 2544) is required. |
|
7Special features |
Further details are contained in the Richtlinien für die Umschreibung von Schutzrechten und Schutzrechtsanmeldungen in der Patentrolle [...] (Guidelines for the transfer of different kinds of protection of property rights and applications for property rights in the register of patents...) of 15 November 1996, amended as of 1 January 2002 (DPMA: A 9139 - www.dpma.de/patent/formulare/index.html). In the case of foreign-language documents drawn up in English, French, Italian or Spanish, the DPMA can require a translation of either the whole document or extracts from it. The translation be certified by a lawyer or patent attorney or prepared by an officially appointed translator. Where documents are drawn up in another language, a translation of the whole document or extracts from it is always required, either certified by a lawyer or patent attorney or prepared by an officially appointed translator. § 14(3), (4), (5) PO |
Entry of licence grant in the register is deleted at request of patent proprietor or licensee (EUR 25 fee). A request from the former must include evidence of consent of the latter (or his successor in title). § 30(4) PA Renewal fees due after receipt of the endorsement are halved. § 23(1) PA |