PATENT FILING IN BELGIUM

Belgium joined WIPO in 1975. In Belgium, protection of Intellectual Property is taken care by OPRI (belge de la Propriété intellectuelle). Key operational areas of OPRI are: issuing and handling Belgian industrial property certificates, providing users with information on intellectual property, preparing legal texts, advising governments and representing Belgium internationally. One of the advantage of filing the patent application in Belgium is that it has quick and streamlines process for patent filing. As per Belgian IP laws, request for examination is not required to be filed, it is conducted automatically which reduces the average processing time of the patent applications. GPF can assist in efficiently and promptly, using accurate translations, filing patent applications. GPF along with Khurana and Khurana, Advocates and IP Attorneys  (K&K) has tremendous experience in dealing with Patent Filing/Prosecution as per Belgian Patent Laws, and can assist in hand-holding through the complete prosecution lifecycle of a Patent.

 

High Level Cost Estimate for Filing
Description
Price
Official Fee
€ 52
Attorney Fee
€ 500
Translation Fee
AS APPLICABLE
Total
€ 552 + APPLICABLE TRANSLATION FEE
Documents Required
  •   Details of PCT application in French/German/Dutch.
  •   Power of Attorney.
Filing to Grant Procedure
1
STEP 1 : FILING

A patent can be filed in Belgium as any of the following formats in French/German/Dutch translation:

  • Paris convention based national entry.

  • PCT national phase based national entry.

2
STEP 2 : EXAMINATION

Examination is conducted automatically.

3
STEP 3 : PROSECUTION

At the time of examination, the Patent Office will issue the Examination Report (FER) / Office Action with a set of objections/requirements response to which must be filed within 4 months from the date of issue of the FER.

4
STEP 4 : PUBLICATION

In Belgium, publication of patents is done within 18 months of priority date.

5
STEP 5 : GRANT

Annuity for 3’rd year onwards is to be paid after grant of the Patent. Protection of the Patent is for 20 years from the International Filing Date.