When do you need a patent attorney in Belgium?
If you don’t live or have your business in the EU, it is a legal requirement that a patent attorney in Belgium represents you for filing a Belgian patent application.
In other cases this is not strictly required, but it is still very much recommended.
Patenthuis is your trusted patent attorney in Belgium
We provide the following patent attorney services in relation to patents in Belgium:
- Drafting patent applications and filing them at the national patent office of Belgium
- Providing legal opinions the validity of a patent in Belgium
- Legal advice related to infringement and avoidance of infringement
- Patent searches
Interesting elements of patent law in Belgium
The Belgian Patent Office doe not perform a substantive examination of patent applications.
When a patent application is filed, the Belgian Patent Office performs a novelty search. In practice, this is outsourced to the European Patent Office, so that a high-quality EPO search report is obtained. The results of this novelty search are sent to the applicant, and are later published with the patent application.
No possibility exists to correspond with the Belgian patent office in relation to the results of the novelty search.
Irrespective of the results of the novelty search, a Belgian patent will be granted, usually 18-24 months after the priority date. This does not mean that one can file substandard patent applications though, because ultimately, substantive and formal requirements are similar to those for European Patents.
As authorized patent attorney in Belgium we take care of everything for you.
Costs of obtaining a Belgian patent – All inclusive offer!
We pride ourselves on our competitive prices. The official fees for filing a Belgian patent application are 350€ (filing fee and search fee). We charge an attorney fee of 549€ for the entire procedure. This includes everything for obtaining a patent in Belgium: the filing formalities, reporting the novelty search, reporting publication and reporting grant.
So, unless you require additional services (which is usually not the case), 899€ covers the entire procedure. Contact us to find out more.
If you wish to claim priority at the time of filing we charge an additional 70€ for processing the priority document.
(This offer does not include renewal fees. These are due anually from the end of the second year. This offer assumes that a usable patent application is available in Dutch, French or German. It does not include fees for drafting, amending or translating a patent application.)
Patent validity and infringement
As indicated above, the substantive patent requirements are not examined in the normal procedure. They are only examined in court by a judge if and when invalidity proceeding are started. A patent attorney in Belgium will in such cases usually work together with a lawyer to assist the client in court. A patent attorney in Belgium is not authorised to formally represent a client in court.
In practice, in Belgium patent invalidity proceedings are rare.
The validity of the resulting patent is therefore uncertain. For this reason it is particularly important to consult an authorized patent attorney when faced with a potential infringement of a Belgian patent. At Patenthuis, we can evaluate the potential infringement as well as the validity of the patent to assist you in making more informed decisions about possible next steps.
Benelux patents don’t exist
Occasionally people ask us about Benelux patents. Even though the Benelux Countries (Belgium, The Netherlands and Luxembourg) have a deeper and older legal and political integration than the rest of the European Union, there is no such thing as a Benelux patent. Patent law has remained fully independent national law in the Benelux.