GL F I – Introduction Apart from the requirements of patentability (novelty, inventive step, industrial application and exclusions from patentability), a European patent application must also satisfy a number of other requirements. These [..]

GL F General

Contents

Chapter II – Content of a European patent application (other than claims)

GL E XIV 6.2 Cancellation of the registration

A registration of licences or other rights is cancelled upon request, supported by documents providing evidence that the right has lapsed or by the written consent of the proprietor of the right to the cancellation of that right. Rule 22(2) applies mutatis mutandis, i.e. the cancellation is subject to the payment of an administrative fee. Cancellation is only possible until publication of the mention of the grant.[Rule 22(2); Rule 23(2); ]

GL E XIV 6.1 Registration

A European patent application may give rise to rights in rem, may be licensed and may be the subject of legal means of execution. This includes contractual licences only (Art. 73).

GL E XIV 6 Licences and other rights

6.1 Registration

6.2 Cancellation of the registration

GL E XIV 5 Changes of name

Mere changes of name, i.e. changes that do not involve a modification of the legal identity of the applicant, can be entered in the European Patent Register upon request and production of relevant documentary evidence as long as the application (cf. A‑IV, 1.1.1) or the proceedings before the EPO are pending. Such registration is free of charge.

GL E XIV 4 Transfer of the European patent

Rule 22 applies mutatis mutandis to the registration of a transfer of the European patent during the opposition period or during opposition proceedings.[Rule 85; ]

GL E XIV 3 Transfer of the European patent application

A European patent application may be transferred for one or more of the designated contracting states.[Art. 71; ]

Art. 72 is an autonomous provision which exclusively governs the formal requirements of such transfers.

GL E XIV 2 Responsible department

The Legal Division of the EPO bears the sole responsibility for these registrations (see the Decision of the President of the EPO dated 21 November 2013, OJ EPO 2013, 600).[Art. 20; ]

The Legal Division may entrust specific duties which do not require legal expertise to formalities officers (see the Decision of the President of the EPO dated 21 November 2013, OJ EPO 2013, 601).

GL E XIV 1 General

Pursuant to Rules 22 to 24 and 85 in conjunction with Rule 143(1)(w), rights and transfer of such rights relating to an application or a European patent are registered in the European Patent Register.

Transfers and changes of name are recorded as particulars of the applicant in accordance with Rule 143(1)(f).