European patent applications – Belgian patent applications

Drafting a European patent application

new-628518_1280The first step in getting protection for an invention is drafting a professional Belgian or European patent application with claims that define the scope of protection that you are requesting. Poorly drafted claims put the patent at risk—or worse, can render it worthless.

At Patenthuis, all patent applications are drafted by a Belgian and European patent attorney, who has completed specialised training and passed the required exams. Patenthuis can also take care of any drawings that may be needed in the patent application—whether original creations or based on your own drawings. Belgian patent applications are usually drafted in Dutch. A European patent application is usually drafted in English.

Fees for drafting a Belgian or Europe patent application are typically 3500 to 5500 €, depending on the complexity of the patent application and the urgency.

Belgian Patent Law and the European Patent Convention do not provide for provisional patent applications.

Filing a patent application in Europe

The filing date determines the point at which the invention may be made publicly known without damaging the allowability of the patent application. Until that date, any publication or publications made by the inventor/applicant are considered prior publications and may severely damage prospects of obtaining a patent.

European patent applications

A European patent application is usually filed at EPO – the European Patent Office, although other options are available.

When filing a European patent application, an official novelty search must be requested, which will be performed by the authorities.

Patenthuis’ fees for filing a European patent application are 1995€. This price includes the official fees for filing and for the novelty search.

Belgian patent applications

As for European patent applications, a compulsory novelty search is done by the authorities.

Patenthuis’ fees for filing a Belgian patent application are 895€. This prices includes official fees for filing and for the novelty search.

PCT patent applications

An international (PCT) patent application can also be filed. The fees for this are 3995€.

Please contact Patenthuis to discuss your optimal patent application approach. We are happy to schedule a consultation.

Results of the novelty search

After receiving the results of the novelty search from the Patent Office within 6 to 11 months, Patenthuis reports these results back to you along with a brief analysis. You may then request further study of the novelty search for an additional fee and advice regarding the chances of your European patent application being granted.

European patent applications – Prosecution

Patenthuis handles the entire grant procedure for you, while consulting you throughout the process. The substantive part of the procedure typically involves several replies to objections from the examiner, spread over a period of several years. The various additional procedural requirements, such as deadlines and fees to be paid, are closely monitored by Patenthuis as well.

Our services include:

  • Consultation throughout the entire patent procedure
  • Replying to objections from the examiner (this often takes place over the course of several years)
  • Ensuring payment of fees and that all deadlines are met and monitored.

A European patent will only be granted if the examiner, after careful examination of the patent application, is satisfied that all legal requirements have been met. These legal requirements include the concept of novelty and the presence of an inventive step.

The course of the procedure differs between patent applications, as do the total costs. Typically, the procedure after the novelty search takes 18 to 60 months and costs 8000 to 15000 €.

Priority year

A critical date is one year after the first filing, which is the expiry of the priority year, established by the Paris Convention.

If you wish to seek protection in other countries than the first country of filing, it is necessary to file patent applications in these other countries within the priority year.

Patenthuis will be happy to file a European patent application or a Belgian patent application for you based on your priority application filed elsewhere