Can the priority right of Luxembourg invention patent application be restored?

Submitted by 页之码 on

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

专利申请流程

LU Luxembourg

  • What are the requirements for the Luxembourg invention patent application documents?

    Filing Language: English/German/French

    via Paris Convention via 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. Microorganism deposit certificate and its English/German/French translation
    3. Certificate of Microorganism Survival and its 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. Entering the Luxembourg national phase 19/28/34/41 amended
    4. Sequence Listing (PDF format and TXT format)
    5. Microorganism deposit certificate and its English/German/French translation
    6. Certificate of Microorganism Survival and its English/German/French translation
    7. Declaration of Ownership/Certification of Employment/Assignment of priority
    8. Power of Attorney
    9. Assignment for Patent Right Transfer

  • How long does it take for a utility model application to be granted in Luxembourg?

    5-8 months

  • How long is the PCT deadline for Luxembourg utility model applications?

    • 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, a request for international preliminary examination must be filed.

  • What are the requirements for the utility model application documents in Luxembourg?

    Filing Language: English/German/French

    via Paris Convention via 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. Entering the Luxembourg national phase 19/28/34/41 amended
    4. Declaration of Ownership/Certification of Employment/Assignment of priority
    5. Power of Attorney
    6. Assignment for Patent Right Transfer

  • How long is the deadline for filing an industrial design application in Luxembourg?

    • 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.

  • Is a Luxembourg design application eligible for DAS?

    no

  • Novelty grace period for utility model applications in Luxembourg

    6 months before the filing date/priority date.

  • Luxembourg Design Authorization and Annual Fee Instructions

    • 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.

  • How long does it take to authorize an industrial design in Luxembourg?

    4 months

  • Features of the Luxembourg invention patent application process

    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.