Preface

1、 Legal framework

1、Patent type:

European Patent（EP）: ThroughEPOEffective in Belgium after authorization (Dutch language submission required)/French/German translation).

Belgian National Patent: Issued by the Belgian Intellectual Property Office（BOIP）Authorization.

Invalid jurisdiction:

EPPatent: Authorization9You can leave within a monthEPOObjection Procedure; After the deadline, it is necessary to go through the Belgian District Court.

Belgian national patent: can only be declared invalid through local courts.

2、Key regulations:

Belgian Patent Law（Code de droit économique, Livre XI）.

European Patent Convention（EPC）.

EU Agreement on the Unified Patent Court（UPC）.

2、 Invalid jurisdiction court (core feature)

Unlike the centralized jurisdiction of The Hague in the Netherlands, Belgium implements a system of separation of three courts:

1Brussels Business Court: Jurisdiction in the Flemish Region (Dutch speaking area), using Dutch language

2Li è ge Court: Jurisdiction in the Walloon Region (French speaking area), using French

3Antwerp Court: Jurisdiction in the Flemish Region, using Dutch language

Note:

The plaintiff may choose a court based on the defendant's domicile or the place of infringement (Article of the Judicial Code)624Article).

Due to its high degree of internationalization (allowing bilingual litigation), the Brussels Court has become80%Preferred for patent cases.

3、 Process of judicial invalidation procedure

1、Request for prosecution:

The complaint must be in the official language of the competent court (Dutch or French), but evidence materials may be accompanied by an English version.

A patent validity analysis report (often issued by independent experts) is required to be submitted.

2、Program Stage:

Written defense period: The defendant is required to1-3Submit a defense within months (court may extend).

Technical hearing: The judge appoints a technical judge (who must have a technical background) to lead the cross examination.

Oral Debate: Focusing on Legal Controversy Points (Average)2-3The second court hearing.

Average cycle:18-24Months (slower than the Netherlands)30%-50%）.

3、cost:€30,000-€80,000(Higher than in the Netherlands due to high language translation costs).

4、 Invalid Reason

According to Article of the Belgian Patent LawXI.36Article, andEPCBasically consistent:

1、lack of novelty/creativity/industrial applicability

2、Insufficient disclosure of the invention in the instruction manual

3、The claims exceed the scope of the original application

4、Inappropriate patent holder (such as plagiarizing inventions)

Special rules:

The court may partially invalidate a patent (such as deleting only individual claims).

Public order review: If a patent violates ethics or public health (such as gene editing technology), it can be directly invalidated.

5UPCThe impact on Belgium

1、Transfer of jurisdiction:

Traditional European patents (not withdrawn)UPC）Invalid lawsuits will be returnedUPCThe Brussels District Court has jurisdiction (the original Belgian court no longer accepts cases).

Belgian national patents are still under the jurisdiction of the country's courts.

2、Weakening of language advantage:

UPCThe program allows English (Brussels)UPCThe court can use English/lotus/French), weaken the barrier of local languages in Belgium.

sixSuggestions for Corporate Strategy

1、Path selection:

Quick and ineffective requirements→Prioritize choosing the Hague Court in the Netherlands (faster and cheaper).

Core of the Belgian market→Choose the Brussels Business Court (to avoid the risk of delays in other courts).

Invalid Pan European Patent→directly throughUPC(Especially when it comes to the German French Dutch market).

2、Cost control techniques:

Submit Dutch language evidence during litigation in the Flemish district (free of translation fees).

Apply for the intervention of court technical experts in advance (to reduce duplicate hearings).

3、UPCTransition period response:

2023year6Starting from [month], newly submittedEPPatent default applicationUPCJurisdiction, need to evaluate whether to choose to withdraw（Opt-out）To retain the domestic litigation rights in Belgium.

7、 Summary

The advantages of the Belgian system:

Technical judges are deeply involved in enhancing the professionalism of referees.

The Brussels Court has experience in handling complex cross-border cases.

Main challenges:

The dispersion of language and jurisdiction leads to high costs and long cycles.

UPCAfter taking effect, its position as a patent litigation center was weakened.

Action guide:

Initiating patent invalidation lawsuits separately in Belgium is only recommended when the country is a major market or a high-risk area for infringement;

prioritizeUPCOr Dutch programs to achieve a balance between cost and speed.