The novelty grace period is 12 months before the filing date/priority date.
- via Paris Convention : 12 months from earliest priority date.
- via Nationalization of PCT : 20 months from the earliest priority date.
- 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 is Tanzania). If it takes 30 months to enter the national phase, a request for international preliminary examination must be submitted.
- via Paris Convention : 6 months from earliest priority date.
- EU appearance route: 6 months from the earliest priority date.
- Hague Agreement route: 6 months from earliest priority date.
Filing Language: Dutch/French/English Necessary documents:
- Exterior Design Picture (Six Views)
- A Brief Description
Attachments (if any):
- Power of Attorney
- Certified Priority Document
- Declaration of Ownership/Certification of Employment/Assignment of priority
- Assignment for Patent Right Transfer
6 months before the filing date/priority date.
Reinstatement of priority is accepted on grounds of "due care."
6 months before the filing date/priority date.
OPI conducts only formality examination of design patent applications.
yes. A Benelux design application may contain multiple designs, but not more than 50 designs.
20 years
no