National Law relating to EPC, IX. Registering a transfer, licences and other rights in respect of a European patent in the national patent register, Portugal
Contracting state | Portugal | |
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1 Transfer of rights by transaction (e.g. sale, merger) or by operation of law (e.g. succession, insolvency, compulsory execution) |
2 Licences and other rights |
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1Which supporting documents must be filed? |
Written document providing evidence of the transfer Art. 30(1), (2), (4), 30 PA |
Licence contract Art. 29, 31 PA |
2Must a national professional representative be appointed? |
No Art. 10(1) PA |
No Art. 10(1) PA |
3Must a form be used? |
Yes, INPI Form PatMut3 |
Yes, INPI Form PatMut3 |
4Special fee payable? |
Transfer fee: Fees Res. |
Licence fee: Compulsory licence fee: Fees Res. |
5Entries and data recorded in the register |
Transfers of rights as well as contractual licences Entry in the register has legal effect and takes effect vis-à-vis third parties. Art. 29(2), (4), 85(3) PA |
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6Is a transfer registered by the EPO under Rule 85 EPC recognised? |
Yes A copy certified by the EPO (EPO Form 2544) must be produced. Art. 85(3) PA |
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7Special features |
Assignments are published in the Industrial Property Bulletin. Documents not drafted in Portuguese must be accompanied by a translation. Art. 29(6), 375 PA |