Guide for Belgian Patent Application Process

Patent Trademark

Belgium Profile

Belgium is located on the western coast of Europe, bordering Germany to the east, the Netherlands to the north, France to the south, Luxembourg to the southeast, and the UK to the northwest across the Strait of Dover. Belgium has a land area of 30,528 square kilometers, a territorial sea and exclusive economic zone oRead more

Belgium Profile

Belgium is located on the western coast of Europe, bordering Germany to the east, the Netherlands to the north, France to the south, Luxembourg to the southeast, and the UK to the northwest across the Strait of Dover. Belgium has a land area of 30,528 square kilometers, a territorial sea and exclusive economic zone of 3,462 square kilometers, and a coastline of 66.5 kilometers. Two-thirds of the country's area is hills and flat lowlands. The whole territory is divided into three parts: the coastal plain in the northwest, the hills in the middle, and the Ardennes Plateau in the southeast. The highest point is 694 meters above sea level. The main rivers are the Maas River and the Eskau River, which belong to the marine temperate broad-leaved forest climate, with four distinct seasons and an average temperature of 9.8 degrees Celsius.

Belgian Intellectual Property Legal System

  • "constitution"

International Organization/Agreement

  • Belgian Confederation of Christian Trade Unions (ACV/CSC)
  • Belgian Federation of Socialist Trade Unions (ABVV/FGTB)
  • Confederation of Liberal Trade Unions of Belgium (ACLVB/CGSLB)
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Filing Language
German
French
Dutch

申请流程 Application Process Flow

发明专利申请流程 Invention

Name of Patent Office

Belgian Federal Government Intellectual Property Office

English: The Belgian Intellectual Property Office, Abbreviation: IPObel

Website: Intellectual property | FPS Economy (fgov.be)

Belgian invention patent search: Search in the Crossroads Bank for Enterprises (CBE) | CBE Public Search (fgov.be)

Filing Language: Dutch/French/German

via Paris Convention 

Necessary documents:

  1. Abstract
  2. Abstract Drawing
  3. Claim
  4. Specification
  5. Drawing
 

Attachments (if any)

  1. Sequence Listing (PDF format and TXT format)
  2. Deposited Receipt of Microorganism and Dutch/French/German Translation
  3. Viability Statement of Microorganism and Dutch/French/German Translation
  4. Certified Priority Document
  5. Declaration of Ownership/Certification of Employment/Assignment of Priority
  6. Assignment for Patent Right Transfer
  7. Notification issued by CNIPA notify the applicant the application has passed through the security review.
  8. Statement of the Use of Indigenous Biological Resource, Genetic Resource Traditional Knowledge or Use

 

 

20 years, and the protection of pesticide or pharmaceutical patents can be extended to 25 years.

  • via Paris Convention : 12 months from earliest priority date.
  • Validation of European Patent in EPO member states: 3 months from the date of European patent grant.

IPObel conducts only formality examination for invention patent applications. The applicant needs to file a search request within 13 months from the filing date. The search report will be issued by the EPO with a written opinion on patentability, but it is not binding. The patent application will be granted after completion the publication within 18 months from the earliest priority date. 

The novelty grace period is 6 months before the filing date/priority date.

1-2 years

  • Grant Fee: None.
  • Annuity: After the patent is granted, the annual fee shall be paid year by year from the 3rd year of the filing date. The annuity shall be paid before the last day of the month in which the application date is located. If overdue, it can be postponed and paid within 6 months after the due date at the latest, but additional penalty is required. The penalty for the 3rd to 10th year is 85.00 euros, and the penalty for the 11th to 20th year is 230.00 euros.

Reinstatement of priority on grounds of "due care" accepted.

Yes

No

Name of Patent Office

Belgian Federal Government Intellectual Property Office

English: Benelux Office for Intellectual Property, abbreviation: BOIP

Website: Designs | Benelux Office for Intellectual Property (boip.int)

Benelux Office for Intellectual Property (boip.int) Designs register | Benelux Office for Intellectual Property (boip.int)

Filing Language: Dutch/French/German

Necessary documents:

  1. Pictures/Photos of Design (6-sided views)
  2. A Brief Description

Attachments (if any):

  1. Certified Priority Document
  2. Declaration of Ownership/Certification of Employment/Assignment of Priority
  3. Assignment for Patent Right Transfer

The initial protection is 5 years, which can be renewed 4 times, each time for 5 years, and the maximum protection can be 25 years.

  • via Paris Convention : 6 months from earliest priority date.
  • via EU Community Design: 6 months from earliest priority date.
  • via Hague Agreement route: 6 months from earliest priority date.

BOIP only conducts a formality examination for the design application, including the examination for whether the design violates public order and good customs. Once the formality examination is completed, the patent application will be granted and published.

The novelty grace period is 12 months before the filing date/priority date.

  • Grant Fee: None.
  • Annuity: The renewal fee is paid every 5 years. If overdue, the payment can be postponed within 6 months after the due date at the latest, but a penalty of 12.00 euros is required.

3 months

No

No

Yes. A maximum of 50 designs may be included under the same Locarno classification.

发明专利、实用新型及外观设计进入国家申请流程
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