S.L. 417.1 Art. 35Request for registration of changeinapplicant or owner.

(1) Where there is a change in the person of the applicant or owner, a request for registration of the change may be made in a communication signed by the applicant or owner, or by the new applicant or new owner, containing the following indications:

(a) an indication to the effect that a registration of change in applicant or owner is requested;

(b) the number of the application or patent concerned;

(c) the name and address of the applicant or owner;

(d) the name and address of the new applicant or new owner;

(e) the date of the change in the person of the applicant or owner;

(e) the name of a State of which the new applicant or new owner is a national if he is the national of any State, the name of a State in which the new applicant or new owner has his domicile, if any, and the name of a State in which the new applicant or new owner has a real and effective industrial or commercial establishment, if any;

(f) the basis for the change requested.

(2) Where the change in applicant or owner results from a contract, the request may be accompanied, at the option of the requesting party, by one of the following:

(a) a copy of the contract, which copy may be certified, at the option of the requesting party, by a notary public or any other competent public authority or by an agent having the right to practise before the Office, as being in conformity with the original contract;

(b) an extract of the contract showing the change, which extract may be certified, at the option of the requesting party, by a notary public or any other competent public authority or by an agent having the right to practise before the Office, as being a true extract of the contract.

(3) Where the change in applicant or owner results from a merger, or from the reorganization or division of a legal entity, the request shall be accompanied by a copy of a document from the Registrar of Companies evidencing the merger, or the reorganization or division of the legal entity, and any attribution of rights involved. Such copy may be certified, at the option of the requesting party, by the authority which issued the document or by a notary public or any other competent public authority or by an agent having the right to practise before the Office, as being in conformity with the original document.

(4) Where the change in applicant or owner does not result from a contract, a merger, or the reorganization or division of a legal entity, but results from another ground such as by operation of law or a court decision, the request shall be accompanied by a copy of a document evidencing the change, certified as being in conformity with the original document, at the option of the requesting party, by the authority which issued the document or by a notary public or any other competent public authority or by an agent having the right to practise before the Office.

(5) Where the change is in the person of one or more but not all of several co-applicants or co-owners, evidence of the consent to the change of any co-applicant or co-owner in respect of whom there is no change shall be provided to the Office.

(6) Any document filed under subregulations (2) to (5) that is not in one of the official languages of the Office shall be accompanied by a translation in one of these languages.

(7) A fee in accordance with the Schedule shall be payable in respect of requests made under subregulation (1).

(8) A single request shall be sufficient even where the change relates to more than one application or patent of the same person, or to one or more applications and one or more patents of the same person, provided that the change in applicant or owner is the same for all applications and patents concerned, and the numbers of all applications and patents concerned are indicated in the request: Provided that where that single request is filed on paper or as otherwise permitted by the Office under regulation 29, a separate copy thereof shall be filed for each application and patent to which it relates.

(9) Where one or more of the requirements under subregulations (1) to (8) are not complied with, the Office shall invite the applicant or owner, to comply with any such requirement and to make observations, within two months from the date of the invitation.

(10) Where one or more of the requirements under subregulations (1) to (8) are not complied with within two months from the date of the invitation or, where indications allowing the Office to contact the person who made the request have not been filed within three months from the date on which that request was received by the Office, the request shall be refused.