I would like to register a transfer of rights (change of ownership) for a European patent application or patent. What do I have to do?

Registrations of transfers (assignments) of European patent applications or patents are recorded in the European Patent Register at the request of an interested party and on production of documents satisfying the EPO that the transfer has taken place. An administrative fee is due in some cases.

Request

There is no prescribed form for such requests. They must, however, be filed in writing with the EPO, quoting the application number(s) concerned. We recommend filing them via MyEPO Portfolio. Where the request is filed via other means, we recommend using EPO Form 5050.

The request must be signed by an entitled person, i.e. the assignor, assignee or their representative.

You should also inform the EPO if the transfer of the application/patent affects the authorisation of the representative.

Evidence

Any kind of suitable written evidence is admissible, for example a copy of or extract from an official document, or a declaration signed by both parties. We recommend that you use EPO Form 5055.

The document filed in support of the request must contain the following information:

• The name and address of the parties: assignor(s) and assignee(s).
• The application number(s) of the application(s)/patent(s) concerned. Where the application concerned is a divisional application, the request must include the application number of the divisional application.
• If a contractual agreement is involved, it must be signed by both parties. Where a party is a legal person, the signature of a natural person entitled to represent the legal entity is required, together with their name and position within the legal entity.

Contracts and declarations submitted as evidence to support such requests may be authenticated by a handwritten, facsimile, text string or digital signature (see the decision of the President of the EPO dated 9 February 2024 concerning signatures on contracts and declarations under Rules 22 and 85 and Rule 23 EPC, OJ EPO 2024, A17, and the notice from the EPO dated 9 February 2024 concerning revised Rule 22 EPC, OJ EPO 2024, A22).

Documents may be filed in any language. The EPO may, however, require a translation into one of its official languages.

Fee

Registration of the transfer may be subject to the payment of an administrative fee under the conditions laid down by the President of the EPO (see Rule 22(2) EPC). No fee is due when the request is filed via MyEPO Portfolio (see the decision of the President of the EPO dated 25 January 2024 revising the Office's fees and expenses, OJ EPO 2024, A5). For requests filed by means other than MyEPO Portfolio (e.g. on paper, via Online Filing and Online Filing 2.0), an administrative fee is due for each application/patent concerned. Where a fee is due, the request is not deemed to have been filed until the administrative fee has been paid (Rule 22(2) EPC). Please check the amount due on the date of payment using the latest version of the schedule of fees and expenses, which is published as a supplementary publication to the EPO's Official Journal and available on the EPO website.

Registration date

The transfer becomes effective before the EPO on the date on which the above-mentioned requirements are met. The newly registered applicant/proprietor is entitled to exercise the right to the European patent application/patent before the EPO from this date.

Note

• International phase: during the international phase for a PCT application, the recordal of transfers must be requested with the International Bureau of the World Intellectual Property Organization (WIPO).
• Unpublished applications: registration of the transfer of a European patent application can be requested at any time. The transfer will not, however, be entered in the European Patent Register before the publication of the European patent application (Article 127 EPC).
• Granted patents: after grant, transfers can only be registered in the European Patent Register during the opposition period or during pending opposition proceedings (Rule 85 EPC). Transfers occurring during limitation proceedings will not be entered into the Register. The name of the new proprietor will, however, be mentioned as the person or entity requesting the limitation of the patent.

Further information:

Guidelines for Examination in the EPO, E-XIV, 3 – Transfer of the European patent application

MyEPO Portfolio feature guide for submitting requests about applications