Belgian patent attorney services
Patenthuis is your trusted patent attorney in Belgium
We provide the following Belgian patent attorney services:
- Drafting patent applications and filing them at the national patent office of Belgium
- Providing legal opinions the validity of a Belgian patent
- Legal advice related to infringement and avoidance of infringement
- Patent searches
Interesting elements of patent law in Belgium
In Belgium, patent applications are not examined substantively by the Belgian Patent Office.
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, the 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.
The need for a Belgian patent attorney
The substantive patent requirements 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, invalidity proceedings are rare in Belgium.
The validity of the resulting Belgian patent is therefore uncertain. For this reason it is particularly important to consult a Belgian 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.