Patent Application Encyclopedia

The PPO conducts formal and substantive examinations of invention patent applications. There is no need to file a request for substantive examination, and the substantive examination starts automatically.

TIPO conducts formality examination and substantive examination of design patent applications, and the request for substantive examination must be filed within 3 years from the filing date/priority date.

no

• via Paris Convention : 12 months from earliest priority date.
• via Nationalization of PCT : 30 months from the earliest priority date.
• Validation of European Patent in EPO member states: 3 months from the date of European patent grant.

• Licensing Fee: None.
• Annuity: From the 5th year onwards from the date of application, it will be paid year by year. The application fee includes annual fees for the first and second years. There is no annual fee for the third and fourth years, but the applicant needs to notify INPI for renewal in the third and fourth years. All subsequent annual fees must be paid within six months before the date corresponding to the year of application. Overdue annual fees can be paid within a 6-month grace period, and 50% of the annual fee of the current year is required to be paid as a penalty.

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

The novelty grace period of the year preceding the filing date/priority right is granted if:

• The disclosure was caused by a third party illegally obtaining patent information
• The disclosure resulted from a breach of confidentiality by a person who obtained the patent information directly or indirectly from the applicant
• The disclosure was made by a government agency or a person authorized by a government in the investigation of an invention
• Disclosure results from a public exercise of reasonableness by the patentee or designee, the original owner of both, or a person with the consent of one of the foregoing
• A one-year novelty grace period if the evidence is submitted prior to review if the first disclosure was made after December 30, 2018, by:
  • patentee or designee
  • Original right holder of the patentee or designee
  • A person with the consent of the original right holder of the patentee or designee

A novelty grace period of 6 months is available if:

• With the consent of the inventor, the invention is exhibited at a specific exhibition or used for the exhibition
• Use or disclose inventions after the above exhibitions

• Grant fee: The applicant should pay the granted fee and announcement fee within 90 days after receiving the official payment notice.
• Annuity: The annual fee starts to be paid year by year from the second year from the application date. It needs to be paid between January 1 and March 31 each year. If it is overdue, it can be paid within the 3-month overdue period, and it will be doubled at the same time. cost of.

no

Multiple variant designs may be included in one application if the designs relate to the same object and differ only in minor features, or can be identified as a set of goods and have a single design concept.

• via Paris Convention : 12 months from earliest priority date.
• via Nationalization of PCT : 31 months from earliest priority date.

no

The novelty of an invention will not be affected if it is disclosed within 12 months before its patent application date or priority date:

• disclosed by the inventor;
• Disclosed by the Patent Application Accepting Authority,
• and that information is included in:
  • In other applications of the inventor, and disclose the application when the relevant authority should not disclose the application;
  • In applications submitted by third parties who have obtained information directly or indirectly from the inventor without the inventor's permission;
• Disclosure of the invention by a third party who has obtained information, directly or indirectly, from the inventor.

• 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.

no

Reinstatement of priority on grounds of "due care" and "unintentional/due care" accepted.

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)

• Grant fee: The applicant needs to pay the granted fee within 3 months after receiving the notification of the granted decision, and pay the annual fee for the first to third years at the same time.
• Annuity: The annual fee will be paid year by year starting from the fourth year from the filing date. The amount of the annual fee depends on the number of Claim, and the annual fee can also be paid. If the annual fee is overdue, it can be paid within the 6-month late payment period after the due date, but a 200% penalty must be paid at the same time.