Rule 312 – Transfer of the patent or patent application during proceedings
Content
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.