Reinstatement of priority is accepted on grounds of "due care."
OPI conducts only formality examination of design patent applications.
yes. A Benelux design application may contain multiple designs, but not more than 50 designs.
- Authorization Fee: None
- Annuity: pay year by year from the third year from the application date, and the payment deadline for the annual fee is the end of the month corresponding to the application date. If the annual fee is overdue, it can be paid within a grace period of 6 months, and a late fee of 20.00 Euros should be paid at the same time.
no
OPI conducts only formality examination of 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.
- 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.
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.
- 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.
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.
- Licensing Fee: None.
- Annuity: Renewal fee is paid every 5 years (within 12 months before the validity period expires). The annual fee can be deferred up to 6 months after the due date, subject to a late fee of 50.00 EUR.