How To Register Patent In Belgium
- To apply for a patent, you must fill out and fill out a request form with the Office for Intellectual Property. Requests for an Belgian patent can be filed with the Office for Intellectual Property in French, Dutch or German. There is no other translation required to validate the application in Belgium.
- Fill the form accurately. The filing date can only be provided if specific information is submitted. The dates are used to judge the novelty of the invention, and thus to decide on the best priority among various patent applications. Belgian patents and European patents are founded upon”first to file “first to submit” principle. This implies that the very first person to submit a patent application is the patent holder, even though it isn’t the first person to come up with the particular invention.
- The request form can be submitted in person, submitted by the fax (in this instance, the original copy of the request must be received by OPRI within 14 days) OPRI in no more than 14 business days) or sent by mail. It is possible to seek the assistance from an expert for completing and submitting your request (see list of approved patent agents).
- The evidence of payment of the fee for application must be received in OPRI within one month of the date you submit your application. OPRI in the first month of the filing date for the patent request.
- Find prior art. The applicant must pay tax for the novelty search conducted in OPRI. OPRI in the first 18 months after the date of filing (or the date of priority when a priority right is invoked. This research is performed in conjunction with OPRI, the European Patent Office which prepares an investigation report and a provisional written opinions on the patentability conditions.This research to determine prior art not required when patent applications were filed prior to on January 8. Unless the research was requested the only option was one “small patent” that has a maximum term of six years was issued.
- Issue as well as publication of Patent publication and issuance. After all administrative formalities are completed and all taxes have been have been paid, the patent can be issued via a Ministerial Decree as soon as feasible after the conclusion of the 18-month period from the filing date (or the priority date in the event that the priority right is invoked). It is possible to file a request to have the patent issued swiftly if all requirements are satisfied. This can be beneficial if it is claimed soon after the patent application is submitted, because the patent will not go into force until the date of issue and publication.
Documents Required Register Patent
The patent request should contain the following details:
- A demand for a patent sent to the Minister responsible
- The applicant’s identification number
- The Description of the invention has to be described in a precise and complete manner in the patent application that someone with expertise in the same field can re-create the invention.
- A claim or two: These claims define the subject matter for which patent protection is sought. Even in the event that the description and drawings can be used to assist in interpreting the claims, it’s only the claims that determine the scope of patent protection. If these claims are considered to be too restricting, the patent that is granted will be limiting and you won’t be able to modify it in the future. In the event of poorly-written claims, it could create a very restrictive patent. It is recommended that you get assistance from a licensed patent agent.
- Designs that are used to describe the claim or description they are vital in the event that they are required for comprehending the invention
- A summary can be used to convey details about the patent to other parties;
- If applicable, a note regarding the location for the material that was used to create an invention, provided that the origin of the material is available;
- In the event of a valid license, the authorization is granted to an authorized representative (accredited patent attorney, agent or employee, etc. ).
Note: Some of the information mentioned above could be made available at a later time. But, evidence of the patent application as well as the information pertaining to the applicant’s identity along with the explanation of invention, as well as all claims must be submitted to allow the file date that can be assigned. The date used is used to judge the invention’s novelty and, consequently, to determine the priority between various patent applications.
Office Locations and Contacts
Belgian Office for Intellectual Property (OPRI)
by phone
Contact Center: +32 800 12033 (free number)
For questions relating to the technical or practical use for the Benelux Patent Platform (BPP) Call +32 277 51 19, from Monday through Friday from 9:15 a.m. till 12:30, and until 1.30 p.m. till 4:00 p.m. with the exception of the days that are closed as specified in the table at the bottom of this page.
by Faxe
For general information: +32 2 277 52 62
To submit the translations for European patents, which have to be validated in Belgium Contact: (+322 277 52 75
For questions relating to the practical or technical usage that are related to the Benelux Patent Platform (BPP) Call + 32 2 277 For questions related to the Benelux Patent Platform (BPP): + 32 2 2
by E-mail
piie_doc@economie.fgov.be for information related to online searches in the patent databases, as well as preliminary search online and copies orders.
OPRIDIE-Jur@economie.fgov.be for exclusively legal questions.
piie.bpp-helpdesk@economie.fgov.be for questions related to practical or technical use of the Benelux Patent Platform (BPP).
by post
Postal mail must be delivered at the following address:
Federal Public Service Economy, SMEs, Self-employed and Energy
Office for Intellectual Property
City Atrium
Rue du Progrs, 50
1210 Brussels
In person
Contact Point Contact Point is located at the ground floor of the Atrium building Rue du Progrs 50 1210 Brussels.
Contact Point Contact Point is open Tuesdays and Thursdays beginning at 9:15 a.m. to 12:00, and from 2:00 to 4:00 only by appointment.
Reservations can be made by calling the number : +32 800 12 33 (free number).
You can submit all of your patent applications including supplementary protection certificates right to plant certificates trademarks, designs or models. Additionally, you will be able to access any information regarding intellectual property, look up documents and look up our database of documents.
Instructions
The process of granting the Belgian patent is considered to be straightforward since it doesn’t require an examination of the conditions of patentability. It is expected that the European Patent Office will conduct the search for prior art related to the invention, but the results of this investigation does not impact on the issue of the patent. The report of research is supported by a written statement on the patentability of the invention to the applicant for informational purposes. If the validity of the patent is later challenged the judge will take an decision in the case.
If you file a patent request prior to the 8th of January, 2009 it’s possible to obtain an “small patent” without undertaking research into prior art. the patent has the maximum of 6 years.
A Belgian patent application is highly recommended for those who plan to use your invention in Belgium regardless of whether this protection doesn’t guarantee its validity.
Belgian patents also have other benefits. The Belgian patent as your first filing that grants you a prior in filing an application for patents in any other country after 12 months.
Information that can be useful
A Belgian patent demands that all formal requirements are satisfied, which includes the payment of tax obligations however it does not provide any assurance that the conditions of validity have been fulfilled. This is a significant distinction when compared the European patents.