Guide for Luxembourg Patent Application Process

Patent Trademark

About Luxembourg

Luxembourg is located in the northwest of Europe, bordering Germany to the east, France to the south, and Belgium to the west and north. It is in the heart of Europe. It is a highly developed economy with a small country and rich people. Its per capita GDP has ranked first in the world for many years. According to Read more

About Luxembourg

Luxembourg is located in the northwest of Europe, bordering Germany to the east, France to the south, and Belgium to the west and north. It is in the heart of Europe. It is a highly developed economy with a small country and rich people. Its per capita GDP has ranked first in the world for many years. According to the "2020 Global Competitiveness Report" released by the Lausanne Institute of Management (IMD) in June 2020, Luxembourg ranks 12th among the 64 most competitive countries and regions in the world.

Luxembourg Intellectual Property Legal System

  • Belgian, Dutch and Luxembourg Convention on Industrial Property
  • "Copyright, Database Right and Invention Patent Law"
  • "Legal Protection of Layout Designs of Integrated Circuits"

International Organization/Agreement

  • Locarno Agreement on the International Classification of Industrial Designs
  • Paris Convention for the Protection of Industrial Property
  • "Convention Establishing the World Intellectual Property Organization"
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Filing Language
English

申请流程 Application Process Flow

发明专利申请流程 Invention

Name of Patent Office

Luxembourg Intellectual Property Office

English: Luxembourg Intellectual Property Office, Abbreviation: OPI

Website: Ministry of the Economy // The Luxembourg Government (gouvernement.lu)

Luxembourg Invention Patent Search: BPP eRegister (public.ws_lu)

Filing Language: English/German/French

via Paris Conventionvia Nationalization of PCT

Necessary documents:

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

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 English/German/French Translation
  3. Viability Statement of Microorganism and English/German/French Translation
  4. Power of Attorney
  5. Certified Priority Document
  6. Declaration of Ownership/Certification of Employment/Assignment of Priority
  7. Assignment for Patent Right Transfer
  8. Notification issued by CNIPA notify the applicant the application has passed through the security review.

Attachments (if any)

  1. WIPO Publication
  2. ISR/IPRP
  3. Amendments under Art. 19/34/28/41 at the time of the national phase entry
  4. Sequence Listing (PDF format and TXT format)
  5. Deposited Receipt of Microorganism and English/German/French Translation
  6. Viability Statement of Microorganism and English/German/French Translation
  7. Declaration of Ownership/Certification of Employment/Assignment of Priority
  8. Power of Attorney
  9. Assignment for Patent Right Transfer

20 years

  • via Paris Convention: 12 months from earliest priority date.
  • via Nationalization of PCT: 20 months from the earliest priority date.
  • via Validation of European Patent in EPO member states: within 3 months from the date of granted of the European invention.

*Luxembourg is one of the only countries in the world that still retain Chapter I for 20 months to enter the national phase (the other country is Tanzania). If it takes 30 months to enter the national phase, the Demand for international preliminary examination must be filed.

OPI conducts only formality examination for invention patent applications. The applicant needs to file a search request within 18 months from the filing date, or submit a search report issued by any official search agency within 18 months from the priority date, and the judgment of novelty in the search report does not affect the Luxembourg patent granted.

6 months before the filing date/priority date.

6-18 months

  • Grant Fee: None
  • Annuity: Annuity should be paid year by year staring from the 3rd year from the filing date, and the payment deadline for the annuity is the end of the month corresponding to the filing date. If the annuity is overdue, it can be paid within a grace period of 6 months, and a penalty of 20.00 Euros should be paid at the same time.

Yes. Patent Office accepts "due care" requests for restoration of the right of priority.

No

No

Name of Patent Office

Luxembourg Intellectual Property Office

English: Luxembourg Intellectual Property Office, Abbreviation: OPI

Website: Ministry of the Economy // The Luxembourg Government (gouvernement.lu)

Luxembourg Utility Model Patent Search: BPP eRegister (public.ws_lu)

Filing Language: English/German/French

via Paris Conventionvia Nationalization of PCT

Necessary documents:

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

Necessary documents:

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

Attachments (if any)

  1. Power of Attorney
  2. Certified Priority Document
  3. Declaration of Ownership/Certification of Employment/Assignment of Priority
  4. Assignment for Patent Right Transfer
  5. Notification issued by CNIPA notify the applicant the application has passed through the security review.

 

Attachments (if any)

  1. WIPO Publication
  2. ISR/IPRP
  3. Amendments under Art. 19/34/28/41 at the time of the national phase entry
  4. Declaration of Ownership/Certification of Employment/Assignment of Priority
  5. Power of Attorney
  6. Assignment for Patent Right Transfer

6 years

  • via Paris Convention : 12 months from earliest priority date.
  • via Nationalization of PCT : 20 months from the earliest priority date.

*Luxembourg is one of the only countries in the world that still retain Chapter I for 20 months to enter the national phase (the other is Tanzania). If it takes 30 months to enter the national phase, the Demand for international preliminary examination must be submitted.

OPI does not conduct substantive examination for utility models (short-term patents). If no search is carried out or search reports from other countries are provided, it will only be protected as a short-term patent.

6 months before the filing date/priority date.

  • Grant Fee: None
  • Annuity: Annuity should be paid year by year starting from the 3rd year from the filing date, and the payment deadline for the annuity is the end of the month corresponding to the filing date. If the annuity is overdue, it can be paid within a grace period of 6 months and a penalty of 20.00 Euros should be paid at the same time.

5-8 months

Yes. Patent Office accepts "due care" requests for restoration of the right of priority.

No

No

Name of Patent Office

Benelux Intellectual Property Office

English: Benelux Office for Intellectual Property, Abbreviation: BOIP

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

Luxembourg Design Search: Designs register | Benelux Office for Intellectual Property (boip.int)

Filing Language: Dutch/French/English

Necessary documents:

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

Attachments (if any):

  1. Power of Attorney
  2. Certified Priority Document
  3. Declaration of Ownership/Certification of Employment/Assignment of priority
  4. 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 the earliest priority date.
  • via Hague System: 6 months from earliest priority date.

OPI conducts only formality examination of design applications.

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

  • Grant Fee: None.
  • Annuity: Annuity is paid every 5 years (within 12 months before the validity period expires). The annuity can be deferred up to 6 months after the due date, subject to a penalty of 50.00 EUR.

4 months

No

Yes. A Benelux design application may contain multiple designs, but not more than 50 designs.

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