The Belgian grant procedure

In Belgium, patents are granted after having been subjected only to a formal examination.

For a Belgian patent, a search fee has to be paid within 18 months as from the priority date. A search report will be drawn up by the Search Division of the European Patent Office and the applicant will be given an oppor¬tunity to amend the patent application in view of the cited prior art.

European and International (PCT) procedures:

Filing

• European Patent
  If a right of priority is claimed, the European patent application has to be filed within 12 months from the priority date. The official languages of the EPO are English, French and German
• PCT application
  Where an international application should be filed and in which language depends on the nationality and the residence of the applicant. Only residents or nationals of a contracting State may file an international application (Art. 9 PCT). PCT is therefore a "closed system". More in particular, the international application has to be filed with the national office of or acting for the contracting state of which the applicant is a resident or of which the applicant is a national. It is also possible to file international applications with regional patent offices such as the EPO and the International Bureau.

Search

• European patent
  For each European patent application there is first established a search report. This search report contains a list of documents which belong to the prior art and which may be important when examining the patentability of the claimed invention. Moreover, it contains already a first indication of the importance of each of the cited documents, which is however not binding for the later examination. It also contains a first opinion of the examiner with respect to the patentability of the patent application.
• PCT application
  A search report is drawn up by the International Searching Authority for each international application before the end of the 16th month after the priority date (or filing date). The extended search report comprises a non-binding opinion of the examiner relating to the patentability of the invention. After having received the search report, amended claims may be filed.

Publication

• European patent
  The European patent application is published as soon as possible after the expiry of a period of 18 months from the date of filing or, if priority has been claimed, as from the date of priority. The search report is published at the same time, at least if it is already available. Otherwise, it will be published afterwards.
• PCT application
  The international application is published promptly after the expiration of 18 months from the priority date of the application.

Examination

• European patent
  Within a period of 6 months from the publication of the search report, the examination and designation fees have to be paid. The file of the European patent application is then transmitted to an Examiner who will examine the patent application thoroughly, in particular as to novelty and inventive step.
  During the examination procedure, the applicant usually has to reply to at least two official communications of the Examiner before the application is granted. Of course, if very pertinent prior art documents have been cited, it may also be possible that the application contains no patentable subject matter so that the Examiner will have to refuse the application.
  In this respect, it is important to know that after having filed the European patent application, no new subject matter may be introduced in the application. It is therefore very important to start with a complete text containing all the possible details of the invention.
• PCT application
  If the extended search report revealed some problems relating to the patentability of the invention, it is advisable to let carry out a preliminary examination. This creates the possibility to file amended claims and/or to react on the examiner’s objections raised in the extended search report.
  Such a preliminary examination procedure has to be requested either at the end of the 22nd month as from the priority date, or within 3 months after transmission of the search report, whichever delay expires latest. A preliminary examination fee is due.

  Possible entry into the national or regional phase
  Luxemburg, Sweden, Switzerland, Tanzania, Uganda and Zambia are contracting states which still impose to file a request for preliminary examination at the end of the 19th month, as from the priority date, in order to benefit from a 30 months period for entering the national phase. As a protection in those states can also be obtained via a regional entry, this exception will in practice be rare.

Grant

• European patent
  The granted European patent will be published. In order to maintain a patent protection in the designated countries, most of these countries require that a translation of the European patent is filed with the national patent offices, if the language of that country is different from the proceeding language. Fees for grant and printing are due.
  The translation costs depend on the length of the text filed and on the number of translations made in order to validate the European patent in the countries wherein it is desired to obtain the protection conferred by said European patent.

Opposition

• European patent
  Within a period of 9 months from the publication of the European patent interested parties may file an opposition against the granted European patent.
  This possible opposition phase is terminated either by a revocation of the patent or by a decision to maintain the patent, possibly in an amended form.