Patents
What is a patent?
A patent is an exclusive right granted to an inventor for a specified period, usually 20 years. It gives the holder the right to prohibit others from making, using, selling or distributing the invention without permission. In return, the inventor must disclose his or her invention by registering it.
To obtain a patent, an invention must meet three criteria:
- Novelty: The invention must not have been previously disclosed.
- Inventiveness: The invention should contain an innovative step and not be obvious.
- Industrial applicability: The invention must be usable in industry or practice.
Patents are often used to protect innovation and gain competitive advantage.
Territoriality of a Patent
A patent is always filed for a country (Belgium, U.S.A., ...) or for a region (Europe). After a first filing, subsequent filings in other countries or regions may follow.
In each country, the application goes through an extension procedure before the patent is granted.
Steps for filing a patent BE
Stap 1
First Application (PD = Priority Date)
Every patent process starts with filing a patent application. This ensures your priority date, allowing you to communicate more freely about your invention without jeopardising your rights.
Stap 2
Novelty testing (PD +6-9 months)
Six to nine months after filing your application, you will receive a novelty search with a written opinion from the European Patent Office. This feedback allows you to decide what further steps you want to take with your application.
Stap 3
Territorial Expansion (PD +9-12 months)
Additional applications can be submitted in other countries up to 12 months after the initial application. These are treated as if they were submitted on the same date as the initial application (priority right).
Stap 4
Research and Extension (PD + 18 months)
In most jurisdictions, patent applications undergo substantive examination before a patent can be granted. Our experts will assist you during the procedure.
Stap 5
Patent application and handling
Bockstael handles all filing formalities, monitors all relevant deadlines and manages the payment of annual fees for your patents, trademarks and design applications. We have extensive experience in handling patents.
Stap 6
After Extension (PD + 18 months)
Even after grant, our office continues to take care of your patent. We monitor and organise the payment of required maintenance fees, assist in the registration of licences and transfers of ownership, and defend your patent if it is challenged by a third party in opposition or court proceedings.
Stap 7
Opposition and nullity
Our team of patent attorneys has an exceptional track record in oppositions and appeals against oppositions at the European Patent Office. Whether you are the opponent or the patent holder, you can benefit from our team's technical expertise, legal knowledge and experience.