请教：怎样做转让国外专利的登记手续，需要什么材料？（转让双方均是中国的公司）
国内的我知道，需要以下材料：
1、双方的转让协议；
2、著录项目变更申报书；
然后将上述材料寄到知识产权局；
但是我们通过PCT已经进入到美国、日本、欧洲的国家阶段的专利，不知道怎么变更。
我给这三个国家的知识产权局各发了邮件问了一下，欧洲知识产权局很快就回了，美国第二天回了，日本过了很多天都没回邮件。
欧美知识产权局的回复也没有完全看懂，请各位牛人帮忙看下什么意思，真想能把英语当汉语看，哎！
美国的：For information regarding assignments, please see http://www.uspto.gov/patents/process/changeownership.jsp. Assignments can be recorded electronically using the Electronic Patent Assignment System (EPAS) or via paper. Please see the Recordation Form Cover Sheet at http://www.uspto.gov/web/forms/pto1595.pdf.
For assignment inquiries, please contact the Assignment Services Branch at (571) 272-3350 between 8:30 a.m. and 5:00 p.m. Eastern Time on normal business days.
欧洲的回复：
Transfer of rights PCT or EP
In answer to your query concerning several PCT applications and the recordal of a transfer of rights, please kindly note that if the international applications concerned have already been transferred to the new applicant via a request sent to the International Bureau (IB) directly (Rule 92bis Patent Cooperation Treaty (PCT)) before expiration of 30 months from the priority date then such information is communicated to the designated and elected offices from the IB. In such a case the EPO will have received this information.
If this is not the case and you are still within the 30 month time limit mentioned above, such a request should be made in accordance with Rule 92bis PCT. The request for recording the change must be made in writing and may be sent either to the receiving Office or to the IB as mentioned above. If so requested, the IB records the change and notifies all Offices and PCT Authorities interested in the change accordingly. Any such recording is free of charge. For further information please refer to Chapter 11, point 11.018ff of the PCT Applicant\'s Guide to be found at the following link: http://www.wipo.int/pct/en/appguide/ipindex.jsp.
If the time limit mentioned above has already passed and the international application enters the European phase, please note the following information concerning the registration of a transfer (assignment) of a European patent application:
Registration of a transfer (assignment) of a European patent application is recorded in the Register of European Patents at the request of an interested party and on production of documents satisfying the EPO that the transfer has taken place (Rule 22(1) of the European Patent Convention (EPC)) i.e. a copy of an official document or extract thereof or a declaration signed by both parties. There is no prescribed form for such requests, which should be made by letter or fax quoting the application number to the following postal address or central fax number:
European Patent Office
80298 Munich
Germany
Fax: +49 89 2399 -4465
Furthermore, please be informed that there is an administrative fee for registering the transfer of Euro 90 per application concerned (Rule 22(2) EPC - Fee code 022). If the fee has not been paid the EPO will request payment before registering the transfer, so it is preferable that the fee be paid either before or with the request.
Please kindly note that after the grant of the European patent, a transfer of rights is registered in the Register of European Patents only during the opposition period or during opposition proceedings. According to Article 99 EPC the opposition period is nine months from the publication of the mention of the grant. The EPO issues the recordal with EPO Form 2544. For information on this point please refer to the \'Guidelines for Examination in the EPO\', E-XIII.
Change of name PCT or EP
For international applications still in the international phase (30 month time limit from the priority date) you should inform the IB of a change of name. This is also to be recorded under Rule 92bis PCT. It concerns a change in the person, name, residence, nationality or address of the applicant, or in the person, name or address of the inventor, agent or common representative.
As for a change of name for the European patent application, should this only concern a change in the name of the applicant and no transfer of rights, such a change of name of the applicant is registered in the Register of European Patents by the EPO upon request.
Making Payments to the EPO
Fees to the EPO may be paid by any person by payment or transfer to a bank account held by the EPO. Payment must be in Euro and should indicate the application number for which the fees are being paid as well as the payment codes to enable the Office to establish immediately the purpose of the payment. If you wish to make a bank transfer please note that the fees can be paid to one of the bank accounts of the European Patent Organisation, a full list of which can be found at the following link: EPO Bank Accounts.
Applicants are therefore urged to use EPO Form 1010 \'Payment of fees and expenses\' to speed up the registration of payments and in order to correctly ascertain which fees belong to which application. The Form 1010 can be found here: ‘EPC proceedings - Forms’. The completed form should be sent to the EPO at the address or fax number listed above. |
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