- European
Belgium is a contracting party to the Paris Convention and the PCT Patent Cooperation Treaty, so foreign companies and individuals can apply for patents in Belgium through the Paris Convention and PCT (Patent Cooperation Treaty) channels.
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Patent type
Unlike most other countries, Belgium currently only has two types of patents: invention patents and design patents, and does not have utility model patents.
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patent application
In Belgium, patent applications can be filed through the Belgian Intellectual Property Office. The applicant needs to submit a detailed invention specification, describing the differences and innovations between their invention and the existing technology. In addition, the applicant is required to provide relevant drawings or examples to support their application.
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Duration
Invention patent: The protection period is 20 years, and an annual fee must be paid after authorization;
Appearance design: automatically protected for 5 years from the date of application, renewable 4 times for 5 years each time, with a maximum of 25 years.
The Belgian Patent Office conducts formal examination of invention patents and design patents. -
Transfer and licensing of patent rights
Belgium's patent law allows patent holders to transfer their patent rights to others or grant them a license to use the invention. This transfer or license requires a written contract and registration in accordance with Belgian law.
Once a patent application is submitted, the Belgian Patent Office will examine the application. The examination process mainly involves evaluating whether the invention or idea meets the conditions stipulated in the Patent Law. These conditions include whether the invention has novelty, non obviousness, and industrial applicability.
If it passes the examination and is recognized as meeting the conditions stipulated in the Patent Law, the Belgian Patent Office will grant a formal patent right to the invention or idea and issue a patent certificate to the applicant. Among them:
Belgian invention patents are accepted in Dutch, French, and German. After the applicant submits the application, the patent office first conducts a formal examination. After meeting the requirements, authorization can be obtained within 12-15 months from the date of the invention patent application (or priority date). The applicant may submit a novelty search request to the Patent Office within 12-15 months from the application date (or priority date), and the Patent Office will issue a search report after the search. Invention applications do not require substantive examination and are granted patent rights upon publication.
Designs in Belgium are registered and protected by the Belgian Intellectual Property Office. The design approved by the Beilu Intellectual Property Office automatically takes effect in that country. The Belgian Intellectual Property Office does not conduct substantive examination of design, only formal examination, and examines whether it violates public policy and social morality. The EU design is also effective in Belgium, so you can directly register the EU design to obtain Belgian national protection.
In Belgium, if someone uses a protected invention or idea without permission, the patent holder can protect their rights through civil litigation. In addition, Belgium has established special courts to handle disputes and controversies related to intellectual property.
