Patent application drafting and filing

new-628518_1280The first step in getting protection for an invention is drafting a professional 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. Patent applications are drafted in Dutch or English.

Fees for drafting a 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 the patent application

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.

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

Patenthuis’ fees for filing a Belgian patent application and a European patent application are 895 € and 1995 €, respectively. These prices include official fees for filing and for the novelty search.

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 back to you along with a brief analysis. You may then request further study of the novelty search and advice regarding the chances of your patent application being granted for an additional fee.

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 or Belgian patent application for you based on your priority application filed elsewhere.