Article 58

All contracts concerning the transfer of ownership of a registered invention, the transfer of rights arising from the filing of its application, or the license of exploitation thereof must be registered at a notary public office, and a summary thereof must be recorded on the back (endorsement) of the patent certificate. The notary public shall, after verifying the authenticity of the patent certificate and establishing the identity of the parties, proceed to draw up the official deed. The notary public shall transmit the contracts drawn up, electronically, to the Registration Authority for recording in the relevant registers and publication thereof. The effect of these matters on third parties is contingent upon compliance with this Article.

Note 1 — For drawing up contracts for the transfer of rights arising from an invention or the grant of an exploitation license, the notary public office 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 any of the following exists:

1. 1.The request relates to an invention that has previously been assigned on an exclusive basis.
2. 2.The economic rights arising from the invention have been attached.
3. 3.The annual fee of the patent certificate has not been paid, or its term has expired.

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

Note 3 — The Registration Authority shall keep the contents of transfer and exploitation contracts confidential, but shall record and publish notice of the transfer and the exploitation license.