1. Patents: Assignment
    1. 1. How may a patent be assigned (by law and/or transaction) and is it required to record the assignment in the national patent register to become effective? 
    2. 2. Which formalities must be met to record a trademark assignment? Which supporting documents are required?
    3. 2.1 Are original supporting documents essential or are copies sufficient?
    4. 2.2 Are there any legalization and/or notarization and/or translation requirements?
    5. 2.3 Is there a must to use a specific form?
    6. 3. What are the legal consequences of not recording the trademark assignment? Does the record in the trademark register have declarative or constitutive effect?
    7. 4. Are there specific formalities in case the trademark is held by more than one proprietor? 
    8. 5. Is there a need to appoint a domestic professional representative?
    9. 6. Which official fees (if any) arise from recording a trademark assignment?
  2. Patents: Licensing
    1. 7. Which forms of licensing trademarks exist and which ones must be recorded in the trademark register to become effective (if any)? 
    2. 8. Which formalities must be met to record a trademark licence? Which supporting documents are required?
    3. 8.1 Are original supporting documents essential or are copies sufficient?
    4. 8.2 Are there any legalization and/or notarization and/or translation requirements?
    5. 8.3 Is there a must to use a specific form?
    6. 9. What are the legal consequences of not recording the trademark licence? Does the record in the trademark register have declarative or constitutive effect? 
    7. 10. Is there a need to appoint a domestic professional representative? 
    8. 11. Which official fees (if any) arise from recording a trademark license?
  3. Patents: Pledge
    1. 12. It is possible to pledge a trademark? If yes, is it required to record such pledge in the trademark register?

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EPO Unified Patents
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Patents: Assignment

1. How may a patent be assigned (by law and/or transaction) and is it required to record the assignment in the national patent register to become effective? 

A Unitary Patent as an object of property is governed by the law of the member state in which the applicant is resident or has their place of business. If the applicant is not resident or does not have a place of business in a member state, the law of Germany applies.

A Unitary Patent may be transferred only in respect of all the participating Member States.

2. Which formalities must be met to record a trademark assignment? Which supporting documents are required?

Assignment of a Unitary Patent is registered via the EPO.

2.1 Are original supporting documents essential or are copies sufficient?

Handwritten signatures and qualified electronic signatures are both acceptable.

2.2 Are there any legalization and/or notarization and/or translation requirements?

Any kind of written evidence (original or copy) suitable for proving the transfer is admissible should be filed.

2.3 Is there a must to use a specific form?

If the supporting documents are not in one of the three languages of the EPO (English, French or German), a translation into one of the languages may be requested.

The record in the patent register has a declarative effect.

4. Are there specific formalities in case the trademark is held by more than one proprietor? 

Assignments require the consent of all proprietors.

5. Is there a need to appoint a domestic professional representative?

Patent proprietors who have their residence or principal place of business in an EPC contracting state may act on their own behalf in proceedings before the EPO with respect to the Unitary Patent.
Patent proprietors who do not have a residence or a principal place of business in an EPC contracting state must appoint a representative and act through them in all EPO proceedings concerning their Unitary Patent.

6. Which official fees (if any) arise from recording a trademark assignment?

Registration of transfer: EUR 115

Patents: Licensing

7. Which forms of licensing trademarks exist and which ones must be recorded in the trademark register to become effective (if any)? 

Unlike for assignments, a licence for a Unitary Patent can be in respect of part of the territories of the contacting member states.

Licences for a Unitary Patent is registered via the EPO.

Patent licences may be exclusive, sole or non-exclusive. Sub-licences are also allowed.

Unitary Patent proprietors may file a statement with the EPO to the effect that they are prepared to allow any person to use their invention as a licensee in return for appropriate consideration.

8. Which formalities must be met to record a trademark licence? Which supporting documents are required?

Documentary evidence must be submitted to record a licence but a copy is sufficient.

8.1 Are original supporting documents essential or are copies sufficient?

There are no legalisation or notarisation requirements.

For registration, applications can be in the official languages of the EPO: English, French and German. If the application is not filed in one of these languages, a translation has to be submitted.

8.2 Are there any legalization and/or notarization and/or translation requirements?

In the case of co-applicants, the registration of licences requires the consent of each of the co-applicants.

8.3 Is there a must to use a specific form?

It is recommended that Form 7005 (available on the EPO’s website) is used.

The record in the patent register has a declarative effect.

10. Is there a need to appoint a domestic professional representative? 

Patent proprietors who have their residence or principal place of business in an EPC contracting state may act on their own behalf in proceedings before the EPO with respect to the Unitary Patent. 

Patent proprietors who do not have a residence or a principal place of business in an EPC contracting state must appoint a representative and act through them in all EPO proceedings concerning their Unitary Patent.

11. Which official fees (if any) arise from recording a trademark license?

Registration of transfer: EUR 115

Patents: Pledge

12. It is possible to pledge a trademark? If yes, is it required to record such pledge in the trademark register?

NA Assignment