All posts by Johan Aerts

Patent protection

Did you know that patent protection can be claimed for other categories than physical devices?

There are different categories of patent claims that can be used. In general, a distinction can be made between two different categories.
A first general category of patent claims is the “product claim”, which relates to physical entities such as products, devices and apparatuses, but can also include, for example, chemical substances and compositions.
A second general category of patent claims is the “process claim”, which relates to activities, such as methods, processes and uses, as long as some material product is used for effecting such activities. However, there are some exceptions to this which are explicitly excluded from patentability, such as biological processes for the production of plants or animals, and surgical, therapeutic or diagnostic methods for treatment of the human or animal body. Whereas, product claims relating to products for the use in surgical, therapeutic or diagnostic methods are permitted.

right to a patent

Did you know that the right to a patent needs to be assigned from the inventor to the applicant?

According to Belgian patent law, the right to a patent for an invention belongs to the inventor or to its successor in title. Therefore, the right to a patent always originates from the inventor, i.e. a natural person. However, this right can be assigned to another entity, such as a company, by means of an agreement. The assignment is important because, in its absence, the inventor can request the Court to transfer the patent to itself or to be registered as co-owner of the patent if the inventor only partially contributed to the invention. Alternatively, the inventor can also request the Court to nullify the patent in its entirety, or partially, when the inventor only contributed to part of the invention.

novelty search

Did you know it’s a best practice to do a novelty search before drafting a patent application?

Did you know that you can increase the chance of success of obtaining a strong patent by doing a novelty search before drafting a patent application?

Indeed, to be eligible for patent protection, an invention needs to be new and inventive. An invention is novel if it has not been known to the public in any way before filing a patent application. It is considered inventive if, having regard to the state of the art (i.e. what is publicly known), it is not obvious to the person skilled in the art and provides a technical effect.

On extrajudicial admissions in Belgium

An extrajudicial admission is an admission made outside of court proceedings. Depending on the country, such an admission can be used against you in court proceedings. In Belgian law there are no specific provisions relating to the admissibility of extrajudicial admissions in court proceedings relating to patents, but case law shows that Belgian courts will take them into account, and it proves difficult to revert back from them.