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Keep the IP
registers
up-to-date

Do the details surrounding your intellectual property rights change? Then it is advisable to have this change processed in the official IP registers as well. This applies, for example, when the statutory name, address, or legal form of your company changes, or when someone licenses your IP rights.

There are a number of reasons why it is important to communicate changes in a timely manner, even when there is no obligation to enter them in the IP registers. We have listed them for you.

1. Third-party effect

Once an amendment is entered into the registry, everyone knows about it, including your competitors. In several countries, this is especially relevant. For example, you cannot claim damages for infringement if the data in the public register is incorrect. In addition, correct registration may still be required if you later want a license or transfer of your rights to be processed. It becomes extra complicated if there has been a whole series of changes that are not or incorrectly reflected in a registry. Also keep in mind that various official bodies/registers send all communication about your IP rights to the holder listed in the register.

2. Cost savings

When applying for IP rights, a route is often followed where a single application at some point results in a number of different national rights. It is then advisable to notify changes that occur before that point in the application at that stage. This avoids additional costs, as it is usually a more expensive affair to have to update each national registry separately at a later stage.

3. Priority applications

Follow-up applications for patent applications can be filed during the priority year, including applications abroad. It is important that the details of the earlier applications match those of the follow-on applications. This can be important for valid invocation of priority, which can be essential to the validity of your IP right. In addition, powers of attorney often need to be signed for (foreign) continuation applications. Those powers of attorney must include current - currently registered - company information.

4. Pending Applications

For applications that are not yet patented, in most countries there is the possibility of filing divisional applications. Complications can arise when filing these applications if the data for the parent application are not up to date. It is therefore important to register the correct data in a timely manner for pending applications. The patent attorneys at V.O. are happy to help you with questions about patents. For other IP rights, V.O.'s trademark and design attorneys can assist you.

Read also: 'Is my patent actually my own?'

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