Patent registration in Luxembourg – Any company that owns a patent and plans to expand its business in the Luxembourg market, create lasting value and find investors for their patent or license their future patents should use the Luxembourg patent system. It is paramount for businesses to file a patent application in Luxembourg for inventions, even if the launch of the respective product on the Luxembourg market has not yet commenced.
Deadline for filing a patent application in Luxembourg
The deadline for filing a patent application claiming priority with the Luxembourg Intellectual Property Office is 12 months from the priority date. Extensions to the above deadlines can be made subject to strict requirements but are rare.
Request a patent application in Luxembourg
The official languages of the European Patent Office (EPO) are English, French and German. Patent applications in Luxembourg may be filed in any language, but a translation of the application into one of the official languages must be submitted within two months of the filing date. After a decision is made to grant a patent, patent-related publications must be translated into two other official languages.
The following information and documents need to be provided in the patent application to the EPO:
- the name and address of the patent applicant and the patent agent;
- patent claims;
- A description of the invention or a reference to a previously filed application;
If priority is claimed, a certified copy of the Priority Document must be submitted within 16 months of the earliest priority date. This document must be submitted in Dutch, French, German or English.
No Power of Attorney is required when filing a patent application in Luxembourg.
Examination of patent applications in Luxembourg
Patent applications in Luxembourg must include a novelty test, which must be filed within 13 months of the priority date. There is no substantive examination of patent applications in Luxembourg.
Patent validity and renewal
Patents in Luxembourg are valid for twenty years from the date of filing. The annual renewal fee must be paid after the patent is granted starting in the 4th year from the filing date, on the last day of the filing month.
The renewal period for novelty in Luxembourg is six months before the application date or priority date if the following requirements are met:
- The disclosure of the invention occurred when the applicant or the owner of the invention was taken advantage of;
- An invention disclosure is the result of a display of the invention at an official or officially recognized international exhibition.
The time frame of the patent application procedure
The average time to process a patent application in Luxembourg is 3 years.
Represented by a patent attorney
International applicants should conduct a patent search in Luxembourg through a law firm, or an experienced patent attorney.
You can find the list of Luxembourg IP firms here.