European Patent (EPO) Validation in Luxembourg

1. Terms for patent validation in Luxembourg

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 name and address of the applicant and the number and date of publication of the EP application must be submitted with the translation.

2. Conditions for patent validation in Luxembourg

2.1 Translation – In Luxembourg, no translation of the specification of the European patent needs to be supplied (status: 1 May 2008). Under Article 64(1) EPC, the European patent automatically confers on its proprietor from the date the mention of its grant is published in the European Patent Bulletin, the same rights as would be conferred by a national patent granted in that state.

  • For provisional protection: the translation must be filed in French or German.
  • After grant: no translation is required.

2.2 Payment of patent validation and national registration fees:

There is special fee to be paid, in amount of 14 EUR. Due date for the payment is date on which translation is filed. The translation is not published until the fee has been paid.

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

  • Due date: last day of the month in which the date of filing occured.
  • Earliest possible date for payment: payment may not be made more than 12 months before due date.
  • Period of grace for payment of fees (with surcharge): 6 months from due date.
EPO annuities -Luxembourg – EUR
Year Cost Fee Total Surcharge for late payment:
3 33 50 83 20
4 41 50 91 20
5 52 50 102 20
6 66 50 116 20
7 82 50 132 20
8 99 50 149 20
9 115 50 165 20
10 131 50 181 20
11 148 50 198 20
12 165 50 215 20
13 180 50 230 20
14 198 50 248 20
15 213 50 263 20
16 230 50 280 20
17 246 50 296 20
18 362 50 412 20
19 281 50 331 20
20 300 50 350 20

In case that your patent was filed not as EPO (European patent) patent but as PCT (WIPO, international patent), in order to obtain the protection on the national level, you may need to open to your patent to the national phase in Luxembourg.