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Patent in Belgium

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  • Patent fees

Fees associated with filing patent applications in Belgium as well as other patent fees are available in the fee calculator.

  • Term for filing a patent application in Belgium

The term of filing a patent application in Belgium claiming priority is 12 months from the earliest priority date. The restoration of priority right is possible within two months from the lapsed term.

  • Filing requirements in Belgium

The official languages of the Belgian patent application are Dutch, French or German.

To obtain the date of filing, it is necessary to submit:
- a request to grant a patent;
- applicant's and inventor's details;
- description of the invention (may be filed in any language, the translation into one of the national languages must be provided within three months from the filing date);
- claims, drawings, if any, and abstract.

To confirm the priority right, the applicant must submit a Priority Document  within 16 months from the earliest priority date. Certification or legalization is not required. If the priority application is not in Dutch, French or German, a non-certified translation into one of these languages should also be provided within 16 months of the priority date.

The legalization of the Power of Attorney is not required. It may be provided simultaneously with filing or within two months from the filing date.

  • Examination of the Belgian patent application

Patent applications in Belgium undergo only formal examination. However, the search for novelty must be requested within 13 months from the filing date. Search reports and written opinions are drawn up by the European Patent Office. There is no substantive examination.

  • Novelty grace period

The novelty grace period stipulated by the Belgian legislation constitutes 6 months prior to the date of filing or priority date if the disclosure was made by the applicant or their successor in the title at an official or officially recognized international exhibition or when such a disclosure was made in bad faith by any third party.

  • Grant, validity term and maintenance fees

The official grant fee is not stipulated. Patents in Belgium are in force for twenty years from the filing date. Annual fees are due each year starting from the 3rd one and should be paid before the expiry of the last day of the month of filing and may not be paid more than 6 months before the due date. Late payment is possible within six months after the due date, a corresponding surcharge applies.

  • Duration of registration procedure

It takes an average of 18-20 months from filing up to grant of a patent in Belgium in case of a smooth procedure.

  • Utility Model

Utility model protection is not available under Belgian legislation.

  • Representation by a patent attorney

For foreign applicants, it is necessary to perform patent prosecution through a registered Belgian patent attorney.

  • Notes

1. Online Database for Benelux Patent, European Patents (EPO).
2. Patent protection in Belgium may be obtained via registration of a European patent which is valid in Belgium automatically.

The above information was verified on 24.05.2023
Please contact us if the above information is not in conformity with Belgian IP Laws