LUXEMBOURG

• INTERNATIONAL TREATIES TO WHICH LUXEMBOURG IS SIGNATORY

  • International Treaties to which Luxembourg is signatory:

    • Paris Convention for the protection of industrial property
    • Patent Co-operation Treaty PCT.
    • Agreement on Trade Related Aspects of Intellectual Property Rights TRIPS.
    • European Patent Commission.
    • Budapest Treaty On The International Recognition of the Deposit of Micro Organisms For The Purposes of Patent Procedure.
• PATENT LEGISLATION IN LUXEMBOURG
  • • Luxembourg legal system is a combination of French, Belgian and German systems along with European Law.

    Patents in Luxembourg are governed by: Patents Law 1998. Patents in Luxembourg may be granted by:

    • Luxembourg Industrial Property Organisation
    • European Patent office at Munich
• BASICS REGARDING PATENTABILITY OF INVENTIONS IN LUXEMBOURG

  • Inventions may relate to products, processes or industrial applications. Patents are therefore granted to inventions that:

    • Are New or Novel
    • Involve an inventive step
    • Comprise of a process or an Industrial application of the invention.

    For an Invention to be patentable, it should contain the following:

    (i). Novelty: An invention is considered new or novel if it is not included in the state of the art. State of the art consists of all the information available and accessible to the public prior to the date of the patent application.

    (ii). Inventive Step: An invention is said to contain an inventive step if for a man skilled in the art it does not yield results in an obvious way from the state of the art.

    (iii). Industrial Application: of the invention would be when the object of the invention may be produced, manufactured or used in any kind of industry including agriculture

• INVENTIONS NOT PATENTABLE IN LUXEMBOURG

  • Inventions pertaining to the following:

    • Discoveries, Scientific Theories & Mathematical methods.
    • Aesthetic creations.
    • Schemes, Rules, Methods for performing mental acts, playing games, doing business as well as Presentation of Information.
    • Programmes for Computers.
    • Inventions contrary to public order & morals.
    • Methods of treatment on humans and animals.
    • Plant or Animal varieties or Bio processes for the production of plants or animals.

    PartityPatents Law Firms through its associates in Luxembourg is at hand to help you with patent registration and prosecution.

• FILING REQUIREMENTS OF PATENTS IN LUXEMBOURG

  • (i). Application to be filed in Greek or translation provided accordingly.

    (ii). Nationality of the applicant.

    (iii). Name & Address of the applicant.

    (iv). Description of the invention.

    (v). Claims

    (vi). Abstract

    (vii). Drawings

    (viii). Title of the invention , Prior state of the art, & the Technical area of the invention.

    (ix) A Request for grant of patent

• EXAMINATION OF THE PATENT APPLICATION IN LUXEMBOURG

  • Once the application is filed, the application is scrutinised for defence & atomic energy aspects.

    Examination is also conducted for formality & substantial requirements of the application. Post Patent grant by the

    European Patent Office (EPO), Patent needs to be validated in the member country as designated on the Patent application.

    Patent Validation comprises of certain formalities and requirements per national laws of the designated country.

    Parity Patent Attorneys and Associate Law Firms in Luxembourg are at hand to help and assist you with Patent Validation.

• RIGHTS OF THE PATENTEE IN LUXEMBOURG

  • TERM AND KINDS OF PATENTS GRANTED IN LUXEMBOURG:

    1.  Patents with a term of 20 yrs.
    2. Utility patents with a term of 10 yrs.
    • Patents confer on its holders and successors an exclusive right to work the invention.
    • Patentee may authorise such uses of the patent through a contractual agreement with interested parties.
    • Patentee may authorise the working of the patent either by a manufacturer or by an importer.
    • Patentee may even assign or licence the patent.
• COMPULSORY LICENCES OF PATENTS IN LUXEMBOURG

  • Compulsory licences may be provided when neither the owner of the patent nor his successor barring legitimate reasons:

    a). has begun work or has made real and effective preparations for working the invention that is the subject matter of the patent on the territory of Luxembourg.

    b). has worked the invention that is the subject matter of the patent in a manner sufficient to satisfy the needs of Luxembourg’s market.

    c). the applicant for the compulsory licence has not been able to obtain a licence from the owner of the patent when he is in a position to work the invention in an effective and serous manner.

    d). in the instance of dependant patents, wherein the owner of a patent concerning an improvement of an invention already patented on behalf of another person may not work his invention without the consent of the owner of the earlier patent.

    ParityPatents along with specialised Patent Lawyers and Patent Attorneys in Luxembourg, can assist you comprehensively with Compulsory Licence matters.

• PATENTS Cost of Registration in LUXEMBOURG