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Q. What is the procedure for an assignee alone to file a Request to Register Transfer of Patent Rights?


A transfer of patent rights takes effect after the transfer has been registered at the JPO [Patent Law Article 98 (1)]. In order for the transfer of patent rights to be registered at the JPO, in principle the assignor and assignee must jointly request that the transfer be registered (Patent Registration Order, Article 18, issued by the Cabinet of Japan on March 24, 1960). In such a case, Kyosei requires separate POA forms executed by the assignor and assignee, respectively.
However, if the Request is accompanied by the assignor’s written consent for the assignee to register the transfer, the registration can be requested by the assignee only (Patent Registration Order, Article 19, issued by the Cabinet of Japan on March 24, 1960). And if the assignee obtains from the assignor a Deed of Assignment and Written Consent for Assignee to Register Transfer that proves that (1) the assignor has assigned the patent rights to the assignee, and (2) the assignor consents to the assignee alone requesting the registration, Kyosei can proceed to register the transfer using a POA form executed only by the assignee, whereby the registration procedure is simplified, in that an assignor’s POA is not needed.



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