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What is UPCRoP 312?

This is Rule 312 from the UPCRoP (Verfahrensordnung des Einheitlichen Patentgerichts), which is part of the legal framework governing the Unified Patent Court in Europe.

UPCRoP Rule 312

Legal Text

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.

Applied In

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Official Source

This legal text is from the official UPCRoP framework governing the Unified Patent Court.

Reference: UPCRoP 312 (Rule 312)

Unified Patent Court Official Website