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Opening hours
Monday - Thursday from 09:00 to 17:00
Friday from 9 a.m. to 3.30 p.m.
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Our head office
Ligging
- Bockstael
- Tavernierkaai 2 - 6th floor, 2000 Antwerp
- patents@bockstael.be
- +32 (0)3 225 00 60
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Opening hours
Monday - Thursday from 09:00 to 17:00
Friday from 9 a.m. to 3.30 p.m.
Frequently asked questions
Our team helps companies and individuals protect their intellectual property and ensure that their innovations and creations are safe. Here you will find answers on some of the frequently asked questions About our services.
How do I prove copyright?
Since registration is not mandatory, you can prove your copyright by:
- A date stamp via e-mail, website publication or notary's office.
- Copyright registers such as i-Depot (Benelux).
- A digital file with metadata and creation date.
Want specific protection for a work? Get in touch!
How long does copyright last?
- Up to 70 years after its creator's death (in the EU).
- At multiple creators: 70 years after the death of the longest-lived author.
- For companies (e.g. software): 70 years after publication.
After this period, work in the public domain and anyone may use it freely.
Are there any form requirements for copyright?
No, there are no formal conditions of form needed to obtain copyright. This means:
- You don't need registration.
- It arises automatically once the work is made.
- The work original and concrete should be.
What does this mean concretely?
- Original: The work must be its own intellectual creation, i.e. not simply a copy of something existing.
- Specifically defined: The work should be in a tangible form exist (e.g. a written text, a file, a painting, a recording). A idea without elaboration is not protected.
Example:
- An unscripted song idea → ❌ Not protected.
- A recorded song or lyrics written down → ✅ Well protected.
What is copyright?
Copyright is a creator's exclusive right to his or her creative works, such as texts, music, art, photographs, software and films. It protects against unauthorised copying, distribution or adaptation of the work.
Copyright arises automatic as soon as a work original and concrete is. This means that you don't have to file an application as you would for a patent or trademark.
What is the difference between a Belgian, European, Unitary or International Patent?
Here is a comprehensive overview with the European patent (EP) added and compared with the other options:
1 - Belgian patent
- Protection area: Only in Belgium
- Application to: Intellectual Property Office (IPO)
- Duration: Maximum 20 year
- Cost: Relatively low
- Procedure:
- Rapid adoption possible without novelty testing.
- Can be in approximately 18 months be awarded.
Restriction: Protects only in Belgium. A European or international patent is required for protection in multiple countries.
2 - European patent (EP)
- Protection area: To 39 countries (EU + some non-EU countries, such as Norway, Switzerland, Turkey)
- Application to: European Patent Office (EPO)
- Duration: Maximum 20 year
- Cost: High, especially when validating in multiple countries
- Procedure:
- Application via EPO, with one examination and approval procedure.
- Once granted, the patent must be validated in individual countries.
- Additional fees may apply for translation and conservation in each country.
Restriction: None automatic EU-wide protection - you should validation process run through by country.
3 - Unitary patent (UP)
- Protection area: One patent valid in 18 EU countries
- Application to: European Patent Office (EPO)
- Duration: Maximum 20 year
- Cost: Lower than individual national validations
- Procedure:
- You first ask for a European patent (EP) to.
- After allocation, you can opt for a unitary effect.
- No separate validation or translation required in each country
Restriction: Not valid in all EU countries (e.g. Spain and Poland do not participate) and not outside the EU.
4 - International patent (PCT application, WO)
- Protection area: Up to 157 countries
- Application to: WIPO (World Intellectual Property Organization)
- Duration: Maximum 20 year (but must eventually be validated in each country individually)
- Cost: High, because each country charges its own validation fee
- Procedure:
- A PCT application enables you to save time (up to 30 months after initial application).
- After this period, you have to decide which countries you want the patent in nationalise.
Restriction: A PCT application does not directly grant a patent, but allows you to obtain a patent in several countries without incurring high costs immediately.
Which option fits best?
- Want fast and cheap protection in Belgium? → Belgian patent
- Want broad protection in Europe with country-by-country flexibility? → European patent (EP)
- Want automatic protection in multiple EU countries without hassle? → Unitary patent (UP)
- Want global protection and save time? → PCT application
Do you have a specific situation in mind?
What is the difference between a patent, a trademark and a design?
The difference between a patent, trademark and design lies in what they protect:
- Patent
- Protects: one technical invention (such as a new product, process or improvement).
- Conditions: The invention must new, inventive and industrially applicable are.
- Duration: Maximum 20 years, subject to annual renewal.
- Example: A new type of battery with longer life.
- Brand (Trademark)
- Protects: one name, logo, slogan or other sign that differentiates a company or product from competitors.
- Conditions: The mark must be distinctive and not descriptive.
- Duration: Unlimited, as long as the registration is constantly renewed (usually every 10 years).
- Example: The Nike logo or the name "Coca-Cola".
- Model (Design Right)
- Protects: The external design of a product, such as its shape or design.
- Conditions: The design must new and unique are.
- Duration: Maximum 25 years, if renewed every five years.
- Example: The unique design of a luxury watch or a chair.
Summary:
- Patent = protection of technical inventions.
- Brand = protection of recognisable corporate or product identity.
- Model = protection of the external design of a product.