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2.14 I would like to assign my right for a patent application (or patent right). What do I have to do?

The assignment of right for a patent application (or patent right) shall become effective between the parties upon mutual agreement of the parties concerned, but it is not effective against any third party unless it is recorded at TIPO.

In order to record an assignment for a patent application (or patent right), the following must be submitted to TIPO by the assignor or the assignee together with a NT$2,000 recording fee:

(1) a recordation form of assignment of right for a patent application (or patent right);

(2) an assignment contract, document of proof for amalgamation or acquisition, or other document(s) of proof with respect to the assignment;

(3) documents of proof with respect to the consent of all applicants (or patent owners) if the right for a patent application (or patent right) is jointly owned;

(4) a photocopy of gift tax payment certificate, or gift tax exemption certificate, or exclusion from total amount of gifts certificate, or consent to transfer certificate (not required for the assignment of right for a patent application) issued by the competent tax authority if the legal ground for assignment of a patent right is a gift and the assignor is a natural person.

  • Publish Date : 2020-08-26
  • Update : 2020-09-14
  • Organization : International Legal Affairs Office
  • Visitors : 1038

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