IX. Registering a transfer, licences and other rights in respect of a European patent in the national patent register

1Which supporting documents must be filed?

(i) by transaction (e.g. sale, merger, transfer of title)

– sale: request for transfer signed by the registered proprietor or request for transfer signed by the new proprietor, to which is attached a document showing that the transaction has taken place or a certified copy thereof

– merger: request for transfer signed by new proprietor, to which is attached an extract from commercial register

(ii) by operation of law (e.g. succession, insolvency, compulsory execution): request for transfer signed by transferee, to which is attached a document legally establishing the transfer

§ 16(2) IA
§ 45 PA

Request for registration of rights (licence, mortage, etc.) signed by interested party, to which is attached an original or certified copy of the agreement or an extract from the relevant parts of the agreement

(See also section 7)

§ 17 IA
§ 46 PA

2Must a national professional representative be appointed?

Yes

§ 15 IA

3Must a form be used?

No

No

4Special fee payable?

EUR 32, unless transfer of rights took place before filing of translation of the European patent specification

§ 108(2) FA

5Entries and data recorded in the register

Transfer of rights, registration of a licence or a mortgage

§§ 45 to 47 PA
§ 17(7) IA

6Is a transfer registered by the EPO under Rule 85 EPC recognised?

Yes

A copy of the EPO certificate (EPO Form 2544) is required.

§ 31(4) REP

7Special features

A document certifying payment of the fee must be enclosed.

Request for transfer of rights, registration of a licence or a mortgage may also be signed by the authorised Estonian patent attorney if a power of attorney contains permission to that effect.

§ 41(2) PA