Wednesday, June 1, 2011

2 Different ways to transfer rights for granted and pending patents

Incase  Patent is already granted then to transfer the Right, title and interest or the proprietorship of the patent an application of transfer has to be made by the new owner/on behalf of the new owner of the patent at the IPO on Form 16 along with corroborating documents such as a Deed of Assignment on a stamped paper which also has to be witnessed by at least 2 natural persons. In case a patent agent is submitting these  documents a power of authority from the new owner of the patent is also required.

Request for Recordal of 'Transfer of Rights' is done by the new applicant/proprietor and a patent agent also has to submit a new power of authority for acting on behalf of the new applicant for transfer of rights.




Form 6 is used by the "Applicant" of a patent for transfer of rights of a pending patent application.

For simple change of name of the applicant where no transfer of rights has taken place Form 13 is used.  It can be used for all amendments - pre-grant or post-grant.

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