Avenue Wolfers 32, 1310 La Hulpe, Belgium
Avenue Wolfers 32, 1310 La Hulpe, Belgium
Whether you're applying for a patent in Belgium, the Netherlands or Luxembourg, you'll find answers to the many questions you may have below.
A patent is a legal right granted for an invention, giving the patent holder exclusive rights to prevent others from making, using or selling the invention without permission for a specified period. In Belgium, patents can be granted for inventions which are new, involve an inventive step and are susceptible of industrial application.
The steps include:
i. Preparing a patent application, which includes a detailed description, claims, abstract and, if necessary, drawings.
ii. Submitting the application to the Belgian Patent Office (OPRI).
iii. The application undergoes a search. The patent is granted without in-depth examination and at the applicant’s own risk.
Optionally a patent search may be performed prior to preparing an application to ensure your invention is novel.
The process can take on average two years if the filing is a first filing and somewhat more if it is not a first filing.
You must file the application in Dutch, French, or German. However, if filed in English or another language, a translation into one of the official languages (Dutch, French, or German) is required within 3 months from filing's date.
A patent search involves searching among existing patents/patent applications and other publications to determine if your invention is new and inventive.
A national patent is granted by the Belgian Office for Intellectual Property and offers protection within Belgium. A European patent, processed by the European Patent Office, can offer protection within 39 European Member States countries through a single application.
A patent in Belgium is valid for 20 years from the filing date, provided that annual maintenance fees are paid each year.
No, Utility model protection is not available under Belgian patent law.
Generally, the duration of a patent cannot be extended beyond 20 years. However, for specific types of products that require a marketing authorisation, like pharmaceuticals, a supplementary protection certificate (SPC) may be requested to extend protection.
Failure to pay maintenance fees will result in the lapse of the patent, meaning you will lose exclusive rights to your invention.
If you suspect that someone is infringing on your patent, it’s crucial to consult a patent attorney immediately. He can guide you on taking legal action, which may include sending a cease-and-desist letter, seeking damages, or filing a lawsuit.
Yes, you can sell, license, or assign your patent (application) rights to third parties.
Common reasons include lack of novelty, lack of inventive step, non-patentable subject matter, exclusion from patentability and insufficient disclosure.
If your application is rejected, you can respond to the objections, amend your application, or appeal the decision. Seeking professional advice from a patent attorney is advisable in such cases.
In Belgium, software as such is not patentable. However, if your software invention provides a technical solution to a technical problem, it may be eligible for patent protection.
A patent is a legal right granted for an invention, giving the patent holder exclusive rights to prevent others from making, using or selling the invention without permission for a specified period. In the Netherlands, you can patent new inventions that involve an inventive step and are capable of industrial application.
The steps include:
i. Preparing a patent application, which includes a detailed description, claims, abstract and, if necessary, drawings.
ii. Submitting the application to the Dutch Patent Office (OCNL).
iii. The application undergoes a search. The patent is granted without in-depth examination and at the applicant’s own risk.
Optionally a patent search may be performed prior to preparing an application to ensure your invention is novel.
The process can take several years, typically between 3 to 5 years, depending on the complexity of the invention and the thoroughness of the examination process.
You can file the application in Dutch or English. However, if filed in English, a Dutch translation of the claims must be submitted.
A patent search involves reviewing existing patents and other publications to determine if your invention is new. While not mandatory, it is highly recommended to avoid wasting time and resources on an invention that cannot be patented.
A national patent is granted by the Netherlands Patent Office and offers protection within the Netherlands. A European patent, processed by the European Patent Office, can offer protection in multiple European countries through a single application.
A patent in the Netherlands is valid for 20 years from the filing date, provided that annual maintenance fees are paid each year.
Generally, the duration of a patent cannot be extended beyond 20 years. However, for specific types of products that require a marketing authorisation, like pharmaceuticals, a supplementary protection certificate (SPC) may be requested to extend protection.
No, the Netherlands does not offer a short-term patent system.
Failure to pay maintenance fees will result in the lapse of the patent, meaning you will lose exclusive rights to your invention.
If you believe someone is infringing on your patent, you should consult a patent attorney immediately. He can help you take legal action, which may include sending a cease-and-desist letter, seeking damages, or filing a lawsuit. Please note that in The Netherlands damages can only be claimed if the infringer has been made aware of the infringement.
Yes, once granted, you can sell, license, or assign your patent rights to third parties.
Common reasons include lack of novelty, lack of inventive step, non-patentable subject matter, and insufficient disclosure.
If your application is rejected, you can respond to the objections, amend your application, or appeal the decision. Seeking professional advice from a patent attorney is advisable in such cases.
In the Netherlands, software as such is not patentable. However, if your software invention solves a technical problem in a novel and non-obvious way, it might be eligible for patent protection.
I A patent is a legal right granted for an invention, giving the patent holder exclusive rights to invention for a specified period. In Luxembourg, patents can be granted for new inventions that involve an inventive step and are capable of industrial application.
I The steps include:
i. Preparing a patent application, which includes a detailed description, claims, abstract and, if necessary, drawings.
ii. Submitting the application to the Belgian Patent Office (OPRI).
iii. The application undergoes a search. The patent is granted on the applicant’s own risk.
Optionally a patent search may be performed prior to preparing an application to ensure your invention is novel.
I The process can take several years, typically between 2 to 4 years, depending on the complexity of the invention and the examination process.
I The application can be filed in French, German, or English. If filed in English, a translation into French or German of the claims is required.
I A patent search involves reviewing existing patents and other publications to determine if your invention is novel. While not mandatory, it is highly recommended to ensure your invention is patentable.
I A national patent is granted by the Luxembourg Intellectual Property Office and offers protection within Luxembourg. A European patent, managed by the European Patent Office, can provide protection across multiple European countries through a single application.
I A patent in Luxembourg is valid for 20 years from the filing date, provided that annual maintenance fees are paid each year.
I Yes, Luxembourg offers a short-term patent known as a utility patent, which provides protection for a maximum of 6 years. This type of patent is generally easier and quicker to obtain, but it offers a shorter duration of protection compared to a standard patent.
I Generally, a patent's duration cannot be extended beyond 20 years. However, for certain inventions that require a marketing authorisation, like pharmaceuticals, a supplementary protection certificate (SPC) may be requested to extend protection.
I Failure to pay the annual maintenance fees will result in the lapse of the patent, meaning you will lose exclusive rights to your invention.
I If you suspect that someone is infringing on your patent, it’s crucial to consult with a patent attorney immediately. He can guide you on taking legal action, which may include sending a cease-and-desist letter, seeking damages, or filing a lawsuit.
I Yes, once granted, you can sell, license, or assign your patent rights to third parties.
I Common reasons include lack of novelty, lack of inventive step, non-patentable subject matter, and insufficient disclosure.
I If your application is rejected, you can respond to the objections, amend your application, or appeal the decision. Seeking advice from a patent attorney is advisable in such cases.
I In Luxembourg, software as such is not patentable. However, if your software invention provides a technical solution to a technical problem, it may be eligible for patent protection.