Reinstatement of priority is accepted on grounds of "due care."
6 years
OPI conducts only formality examination of design patent applications.
6 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.
*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.
- 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
6 months before the filing date/priority date.
yes. A Benelux design application may contain multiple designs, but not more than 50 designs.
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.
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