PATENT FILING IN BELGIUM

Belgium joined WIPO in 1975. In Belgium, protection of Intellectual Property is taken care of 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 advantages of filing a patent application in Belgium is that it has a quick and streamlined process. As per Belgian IP laws, a request for examination is not required; it is conducted automatically, which reduces the average processing time of patent applications. GPF can assist in efficiently and promptly filing patent applications using accurate translations. 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
€ 50
Attorney Fee
€ 500
Translation Fee
AS APPLICABLE
Total
€ 550 Applicable Translation Fee
Documents Required
  • Patent Application Form: A formal request for the grant of a patent.
  • Description of the Invention: A detailed explanation of how it works and its purpose.
  • Claims: Statements that define the scope of protection sought.
  • Abstract: A brief summary of the invention.
  • Drawings: Illustrations that support the description and claims (if applicable).
  • Applicant's Details: Information enabling identification and contact of the applicant.
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 the priority date.

5
STEP 5 : GRANT

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