Rule 312

Transfer of the patent or patent application during proceedings

Rules of Procedure

Part 5 – General provisions

Chapter 6 – Parties to proceedings

Section 4 – Transfer of patent

Rule 312 – Transfer of the patent or patent application during proceedings
  1. If a patent or patent application is transferred, for one or more Contracting Member States, to another proprietor after proceedings have been started before the Court, the Court may authorise the new proprietor to be added as a party or substituted for a party pursuant to Rule 305 to the extent that the patent and the claims in the proceedings have been assigned to the new proprietor. Rule 306 shall apply mutatis mutandis.
  2. If the new proprietor takes over the proceedings, no new court fee shall be payable, even if the new proprietor is represented by a new representative.
  3. If the new proprietor chooses not to take over the proceedings, any decision in proceedings that have been recorded in the register shall be binding upon him.

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