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 old or the new proprietor, either the original or certified copy or extract of the assignment document signed by all parties to the transaction and proof that the fee has been paid

– 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

Art. 45 PL
R. 85(2), (3), (5) Reg.

Request for registration of license or other right 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 and proof that the fee has been paid.

Art. 45 PL
R. 85(2), (3), (5) Reg.

2Must a national professional representative be appointed?

Yes

Yes

3Must a form be used?

No

No

4Special fee payable?

EUR 100 or RON 497, unless transfer of right took place before publica­tion of the mention of grant by the EPO

Annex 1.25 Fees Ord.

EUR 100 or RON 497, unless transfer of right took place before publica­tion of the mention of grant by the EPO

Annex 1.25 Fees Ord.

5Entries and data recorded in the register

Transfer of rights and license

Entry in the register has declaratory effect.

Art. 45 PL
R. 67(11) Reg.

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

Yes

A copy of the EPO certificate (EPO Form 2544) and proof of payment of the prescribed fees are required.

7Special features

Documents are accepted in Romanian, English, French or German or they may be submitted with a translation into one of these languages, unless special circum­stances require a translation into Romanian.