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Guide
If you transfer or license your patent, change address, change the name or legal form of your company, notice an error concerning the patent proprietor, you may want to make that information public so that it can be enforced against third parties.
To do this, you simply need to inform the D.P.I. by making a formal application to update the information.
Conditions
The update must concern a patent that has been granted and published. It is also possible to update information on a European patent that has been granted and which designates Monaco.
Who can apply to update patent information?
To request a change to the information on a patent’s ownership:
- the application may be submitted by the proprietor of the patent listed on the Patents Register.
Anyone applying to update patent information may enlist the services of an agent, i.e. a person empowered to represent them. Agents may be specialist industrial property consultants or, more generally, any natural person or legal entity.
Please note: the proprietor of the patent identified in the document must be the person listed as such on the Patents Register. You should therefore have yourself registered beforehand (or at the same time) as the new proprietor on the Register. If the patent was bought and sold several times before you acquired it, you must ensure that all of the previous proprietors were properly registered. If not, you will need to register the ownership transfer contracts.
These additional steps may be carried out either beforehand or at the same time, but you must use separate update application forms.
Who can apply to update patent information?
You need to complete two copies of the “Update Application" form and sign both of them.
Please note: to ensure easier processing of your file, we recommend completing them using a computer and printing them out.
Other documents to be supplied
To find out which supporting documents should be enclosed with your forms depending on your circumstances, refer to the table below.
If the document is in a language other than French, a translation should be attached. There are no presentational requirements concerning the translation.
If you do not want certain elements of the documents you submit to be disclosed, you can register just an extract of the document. To do this, you must enclose a “redacted” photocopy of the document: the extract must in all cases show certain information such as the identities of the parties concerned, (full names or legal form, full address), signatures, the type of document (at least the article indicating whether the arrangement concerned is a transfer or a license agreement), and the identification of the title concerned (number, preferably).
Remember to provide a power of attorney if you are being represented by someone else in this process.
| You want to | Act | Supporting document to be supplied |
|---|---|---|
| Change to the patent proprietor’s details |
Change of address Change of legal form Change of individual name or company name |
No supporting document |
|
Correct errors concerning: the identity (name, address, etc.) of the proprietor of the filing documents. Acts entered on the Patents Register |
Correction of a material error | Copy of a document proving the error and allowing correction. |
| Register a change of patent ownership following a transfer. | Transfer | Copy of the deed of transfer, certified true by the parties and duly registered by the Department of Tax Services |
| Register a change of patent ownership following a partial transfer | Partial transfer | Copy of the deed of transfer, certified true by the parties and duly registered by the Department of Tax Services |
| Register a change of patent ownership following a merger, takeover or demerger | Merger - takeover - demerger | Copy of an extract from the Trade & Industry Register (RCI), up to date on the day of the amendment. |
| Register a change of patent ownership following transmission by death. | Transmission |
Copy of any deed of transfer establishing transmission to the heirs or legatees. In case of transfer by succession, a notarised deed containing statements attesting to the death, or an inventory. The document supplied must be pre-registered by the Department of Tax Services. |
| Register a pledge putting up a patent as collateral | Constitution of a pledge as collateral |
Certified true copy of the agreement signed by both parties (debtor - patent owner and creditor) and duly registered by the Department of Tax Services |
| Register a license for a patent | License | Certified true copy of the agreement signed by both parties and duly registered by the Department of Tax Services |
| Limit the object of a patent | Limitation application | The full text of the amended claims and, if applicable, the description of the designs being modified. If the patent has been licensed, a copy of the licensee’s authorisation. If the patent has been pledged, a copy of the pledgee’s authorisation. |
How to apply for a limitation
A limitation application can only concern one patnt at a time.
The patent must have been granted in order to be limited.
The proprietor of the patent entered on the Patents Register can apply for a limitation.
You need to complete two copies of the “Application to Update the Register" form and sign both of them.
The form must show the number of the claims being waived.
Please note: to facilitate the processing of your application, forms must be completed as legibly as possible. We recommend completing them using a computer and printing them out.
How much does it cost to update patent information?
E.g. To register a change of address and a change of name for a patent, the total amount payable is 2 fees.
E.g. To register a change of address and a change of name for three patents, the total amount payable is 6 fees.
How to pay
Updates can be paid:
- in cash, but only at the Office in person
- by cheque made out to “Trésorerie Générale des Finances” or “T.G.F. “
- by wire transfer (Bank details).
Where to submit your update application
Once you have all of the documents needed, you can:
- Submit them in person at the Office
- Post them to:
Direction du Développement Economique
Division de la Propriété Industrielle
9 rue du Gabian
98000 Monaco
Principality of Monaco
Please note: documents cannot be sent by email or fax.
After the update application
The changes to your patent information will be entered on the Patents Register, based on the information on the form.
The Office will examine the update application form. It will check:
- That the form has been completed
- That your request is legitimate
- If appropriate, that the information on the form matches that contained in the supporting documentation
- If appropriate, that the power of attorney is in order
- If appropriate, that the supporting documentation has been pre-registered with the Department of Tax Services.
The Office will inform you if there is an issue with your application.
If there are no issues, the change requested will be entered on the Patents Register. Meanwhile, the Office will send you a receipt for the payment, indicating the patent concerned, and a copy of the update application showing the date of entry on the Patents Register.
A notice will be published in the Industrial Property Annex to the Official Journal of Monaco, informing the public of the change to your patent information.