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Article · Chapter 1 · Assignment of Patent Rights

Recording transfer contracts

All contracts concerning the transfer of ownership of a registered invention or the transfer of the rights arising from the filing of its application, or the grant of a license to exploit them, must be registered at a notary public office (notarial registry), and a summary thereof entered on the back of the patent. The notary, after inquiring as to the authenticity of the patent and verifying the identity of the parties, shall draw up the official deed. The notary shall send the contracts drawn up to the Registration Authority electronically, for registration in the relevant registers and publication thereof. The effect of these matters on third parties is conditional upon compliance with this Article.

Note 1 — A notary office, for drawing up contracts for the transfer of rights arising from the invention or the grant of a license to exploit, must — after receiving the relevant fee — inquire of the Registration Authority as to the latest status of the invention or its application, and must refrain from drawing up the contract where one of the following exists:

  1. 1.The request relates to an invention previously assigned exclusively;
  2. 2.The economic rights arising from the invention have been attached;
  3. 3.The annual fee for the patent has not been paid, or its term has expired.

Note 2 — Where the transfer of ownership or assignment of the rights relating to the invention has taken place on the securities market or the commodity exchange (bourse), in compliance with the relevant laws and rules and with Note 1 of this Article, compliance with the formalities set out in this Article is not required; however, in such cases, after the transactions become final, the transfer and the contract drawn up must be notified to the Registration Authority electronically and online by the relevant authority in the relevant market, for registration in the relevant registers and publication thereof.

Note 3 — The Registration Authority shall keep the contents of the transfer and exploitation contracts confidential, but shall register and announce the transfer and the grant of the license.