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ARTICLE · 02 NOVEMBER 2017

Stricter Assessment Of Assignment Documents By The EPO

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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The European Patent Office (EPO) has recently introduced more stringent checking of documents filed in support of a transfer of rights.

European UnionIntellectual Property

The European Patent Office (EPO) has recently introduced more stringent checking of documents filed in support of a transfer of rights.  This will apply whenever the EPO is asked to update its records of the ownership of a patent application or patent in view of an assignment of rights or other transfer. This is not expected to affect assignments that have already been recorded by the EPO or assignments that are recorded elsewhere, for example if an assignment is recorded with the International Bureau of WIPO before a PCT application is brought into the national phase at the EPO.

In November 2016, the EPO updated its Guidelines for Examination to require that assignment documents be signed by all parties to the agreement[1]. An assignment document that has been signed only by the assignor is not acceptable for recordal of a change of ownership at the EPO.

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