European Patent (EPO) Validation in Belgium

1. Terms for patent validation in Belgium

The period for filing the translation in 3 months after the date on which the mention of the grant or the decision to maintain the patent as amended is published in the European Patent Bulletin.

The publication fee is deemed to have been paid only when proof of payment has duly been provided. The translation must be accompanied by a copy of the drawings in the EP specification even where there is no textual matter.

2. Conditions for patent validation in Belgium

2.1 Translation – Belgium has enacted provisions under Article 65(1) EPC and require a translation of the complete European patent specification if the European patent has not been granted in one of their official languages.

• For provisional protection: it is required a translation of the complete patent specification, in French, Dutch or German.
• After grant: a translation of the patent specification into French, Dutch or German must be supplied, due date is 3 months after the date on which the mention of the grant or the decision to maintain the patent as amended is published in the European Patent Bulletin..

2.2 Payment of patent validation and national registration fees:

No special fee has to be paid.

3. Effect of the European patent as a national Belgian patent

Under Article 64(1) EPC, a European patent automatically confers on its proprietor from the date on which the mention of the grant is published in the European Patent Bulletin, in each contracting state in respect of which it is granted, the same rights as would be conferred by a national patent granted in that state.

4. Patent annuities in Belgium

• Due date: last day of the month in which the date of filing occured.
• Time limit for payment (without surcharge): 1 month.
• Earliest possible date for payment: payment may not be made more than 6 months before due date.
• Period of grace for payment of fees (with surcharge): beginning of 2nd up to end of 6th month from due date.