Registration procedure patents - Belgian Patent

Application filing date :
DateActionfeesComment
18.12.2018
Filing a patent application, the application form and payment of the official fees. A patent application includes a description, one or more claims and an abstract. The claims specify the scope of protection of the invention.€50
Filing fee
€300
Search fee
Prior to the filing of a patent application, it is advisable to perform a state-of-art search. Brantsandpatents will consult various technical and patent databases to evaluate relevant publications and prior filed patent applications.
between 18.06.2019 and 18.09.2019
Receipt of the search report and the preliminary patentability opinion. The findings from the novelty search list the closest documents concerning the state-of-the-art, together with an assessment of these documents: X documents are considered harmful to novelty, Y documents harmful to inventiveness.The European Patent Office (EPO) performs a thorough search and provides a first preliminary patentability opinion. This search report is forwarded via the Belgian patent office to the applicant.
18.12.2019
End of the priority year. Corresponding applications will have to be filed prior to this date.Depending on the designated countries.A first application can subsequently be filed in a further country or region. This later filed application can invoke the priority right of the previously filed application within 12 months after first filing.
between 18.09.2019 and 18.12.2019
Until 4 months as from the receipt of the official search report
Possible adaptation of the patent claims (scope of protection), the description and the abstract.After notification of the novelty search report and the written opinion, the applicant has the possibility to submit informal comments and/or adapt the claims (novelty search notification + 4 months). The description and the abstract are, if necessary, made concordant. An adaptation is necessary if the novelty search has revealed a state-of-the-art that adversely affects the novelty aspect.
18.06.2020
Grant, registration and publication of the patent in the Belgian Register.If desired, a request may be submitted for an accelerated granting. From the moment the patent is granted, the patent holder has the right to prohibit any infringing action without his consent.
In Belgium, the patent application is automatically published after 18 months. Grant follows as soon as possible after the publication.
18.12.2020
after 24 months and each subsequent year
Payment of the official annual feesOfficial Belgian annual fees:

3rd: €40
4th: €55
5th: €75
6th: €95
7th: €110
8th: €135
9th: €165
10th: €185
11th: €215
12th: €240
13th: €275
14th: €320
15th: €360
16th: €400
17th: €450
18th: €500
19th: €555
20th: €600
An annual fee has to be paid in order to maintain a Belgian patent. This annual fee is paid in advance for the following year. The first annual fee for a Belgian patent is paid two years after the application was filed (the annual fee for the third year). If the annual fee is not paid, the patent lapses. The table shows the officially determined amounts.

Brantsandpatents will keep track of these deadlines and make the necessary payments in time. It will charge an additional administrative fee for this service.
18.12.2038
expiry of the patentThe maximum period of protection of a Belgian patent is 20 years from the date on which the application was filed. In particular cases, this period can be extended by means of a supplementary protection certificate or pediatric extension (Pharma, Agro).