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?

To tell us you have sold your patent you need to fill in Patents Form 21. Form 21 is not a replacement for the assignment or other agreement, merely the form that you should use to ask us to record it.

For assignments signed on or after 22 December 1999 the form need be signed only by or on behalf of the assignor. For earlier assignments all parties or their representatives should sign. If this is not possible, we will accept other documents as evidence that the assignment has taken place and that any necessary stamp duty has been paid. In most cases a properly completed and signed Form 21 is all that is required, but the comptroller may ask for additional evidence if necessary.

Sect. 32, 33 PA
R. 47 PR

Licences and other transactions such as mortgages or granting of security may also be registered on Form 21. As with assign­ments, a properly completed and signed form is usually all that is needed for registration, but more evidence may be required in some cases.

2Must a national professional representative be appointed?

No, but an address for service in the United Kingdom, Gibraltar or Channel Islands should be given for all proceedings.

R. 103 PR

3Must a form be used?

Yes, Form 21, one form only irrespective of the number of patents transferred

Yes, Form 21

4Special fee payable?

GBP 50

GBP 50

5Entries and data recorded in the register

All additional rights, e.g. mortgages, agreements, licences, sub-licences

Registration in the register generally has merely declaratory effect. However, certain rights only accrue by virtue of registra­tion (e.g. under Sect. 33 and 68 PA)

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

Yes

A copy of the EPO certificate (EPO Form 2544) may be used to support an application for registra­tion made on UK Form 21.

If the EPO Form 2544 has been issued at the EPO in French or German, an English translation of the form will also be required to support an application for registration made on UK Form 21.

7Special features

Transactions relating to EP (UK) patents are liable to the payment of stamp duty in the UK if the transaction was done before 28 March 2000. Stamp duty may still be payable on transactions after 28 March 2000 if items other than intellectual property are involved.

For further information, contact the Assignment section, Tel. +44 1633 81 36 07.