Legal
basis : Intellectual Property Code.
I. Patents
| • | Requirements
for patentability : an invention which is new (no disclosure prior to filing), involves an inventive step and is susceptible of industrial application. |
|
| • | Granting
procedure : drawing up of a search report with regard to the elements of prior art that may be taken into account for assessing the patentability of the invention. |
|
| • | Opposition
: no. Observations by third parties :
yes. |
|
| • | Duration
: 20 years from the date of filing of the application. |
|
| • | Requirements
for keeping in force : payment of annual fees (renewal fees) due on the last day of the month containing the anniversary of the date of filing. Possible payment within an additional period of 6 months subject to payment of a surcharge. |
|
| • | Certificate
of addition : no. Internal priority :
yes. |
|
| • | Reduced fees : the reduced fees apply in case the applicant belongs to one of the following categories: | |
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natural person (reduction by right) | |
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small or medium-sized business which has less than 1000 employees and for which at the most 25 % of the capital is held by another entity which does not fulfill the same condition (reduction upon request when filing) | |
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non profit organisation in the field of teaching or research (reduction upon request when filing). | |
II. Utility certificates
| • | Requirements
for patentability : idem as with patents. |
| • | Granting
procedure : no search report except in an action for infringement. |
| • | Opposition
: no. Observations by third parties: yes. |
| • | Duration
: 6 years from the date of filing of the application. |
| • | Requirements
for keeping in force : idem as with patents up to the 6th
renewal fee. |
| • | Certificate
of addition : no. Internal priority :
yes. |
III.Designs
| • | Requirements
for filing : any product or part of a product the appearance
of which results from the features of, in particular, the lines,
contours, colours, shape, texture or materials. A design can be
protected only to the extent that it is new and has individual character. |
| • | Disclosure
prior to filing : destroys novelty under certain conditions,
except when made by the designer within a period of 12 months preceding
the date of filing. |
| • | Duration
: 5 years from the date of filing. Possible extension
with a 6 month additional period subject to payment of a surcharge, for four supplementary 5 year periods (up to a maximum of 25 years). |
| • | Simplified
filing : for industries which frequently change the form
and the presentation of their goods. Duration :
3 years with postponement of the publication. Keeping in force possible
up to 25 years. |
| • | Opposition
: no. Observations by third parties :
no. |
| • | Cumulation
: possible with literary and artistic property rights. |
IV.“Enveloppes Soleau”
| (means of supplying evidence of the date of a creation) | |
| • | Guarding period : 5 years from the date of filing. |
| • | Extension : for another 5 year period. |
V. Trademarks and service marks
| • | Requirements
for filing : a sign susceptible of graphic representation
which serves to distinguish the goods or services of a natural person
or legal entity. |
| • | Acquiring
of proprietary rights to the mark : registration. |
| • | Registration
procedure : checking conformity of documents with respect
to the laws and regulations in force as well as checking conditions
of validity. Rejection possible. |
| • | Opposition
: yes. Observations by third parties :
yes. |
| • | Duration
: 10 years from the date of filing of the application. |
| • | Use
: compulsory. |
| • | Renewal
: from 10 to 10 years, indefinitely, with a 6 months additional
period subject to payment of a surcharge. |