Patent Filing Belgium

The Kingdom of Belgium is a member of the Patent Cooperation Treaty (PCT) and provides a structured national phase entry route for applicants seeking patent protection in Belgium, which also provides a deep Belgium Patent Search. Patents in Belgium are administered by the Belgian Office for Intellectual Property (OPRI) under the Belgian Patent Act. Entering the national phase in Belgium converts a PCT application into a Belgian patent application subject to local requirements, translation obligations, and procedural rules.

Belgium is a highly developed economy with major activity in pharmaceuticals, chemicals, biotechnology, medical devices, engineering, clean energy, digital technologies, and manufacturing. Because of its central location in the European Union, strong legal system, and highly developed industrial market, Belgian patent protection is a valuable component of any international patent strategy.

Belgium offers a grant-without-examination system, meaning that patents are granted after a preliminary formal check, while substantive patentability is not examined unless challenged. This offers a fast and cost-effective route to obtain enforceable patent rights, benefiting applicants who need rapid protection or wish to complement their broader European or international patent filings.

Who is Eligible for Belgium Patent Filing

Any PCT applicant who has designated Belgium may enter the national phase, including:

• Individual inventors
• Belgian corporations and legal entities
• Foreign corporations and multinational groups
• Universities, R&D centers, and laboratories
• Startups and SMEs
• Joint applicants and co-owners
• Legal successors or assignees

Representation Requirement

Foreign applicants are strongly advised to appoint a Belgian patent attorney to represent them before the Belgian Office of Intellectual Property. While Belgium does not require a local representative at the moment of Patent filing, representation becomes essential for correspondence, formalities, and prosecution.

Entitlement Requirements

Applicants must ensure:

• Proper designation of inventors
• Assignment or entitlement documentation if the applicant is not the inventor
• Accurate corporate applicant information

A simple signed assignment or entitlement declaration is typically sufficient. No legalization or notarization is ordinarily required.

Strict Deadline for Belgium Patent Filing– 30 / 31-Month Rule

Belgium follows the 30-month PCT national phase entry deadline calculated from the earliest priority date.

However, Belgium allows flexibility by accepting entry up to 31 months in practice as long as:

• The application is filed,
• Required documents are provided, and
• The national fee is paid.

Applicants should nonetheless treat the 30-month deadline as the primary cutoff.

Extensions After the 30 / 31-Month Deadline

Belgium does not provide standard extensions for National Phase filing beyond 31 months.
Failure to enter before expiration results in loss of the right to patent protection in Belgium.

Exceptional reinstatement may be available in very limited circumstances if the applicant can demonstrate that the delay was unintentional, but such relief is discretionary and not guaranteed.

Filing Language for Belgium Patent Application 

Belgium has three official languages:

• French
• Dutch
• German

For PCT national phase entry:

• The application must be filed in one of the official languages, most commonly French or Dutch.
• If the PCT application is in another language, a translation into French, Dutch, or German must be submitted.
  

The choice of language determines the language of prosecution and official correspondence.

Required Documents to file a Patent in Belgium

A complete Belgian national phase filing typically includes:

• Copy of the PCT Application: Automatically transmitted from WIPO; may be supplemented by applicant copies if needed.
• Translation into an Official Language: Required if the PCT application is not already in French, Dutch, or German.
• National Phase Request: Filed with the Belgian Office of Intellectual Property.
• Applicant & Inventor Information: Accurate designation of applicant and inventor(s) is required.
• Power of Attorney (if using a representative)
  • Simple signed copy
  • No notarization or legalization required
  • May be filed after national phase entry when requested

• Assignment (if applicant ≠ inventor): A simple signed assignment is generally sufficient.

• • Priority Document (if required): Only needed if the priority document was not transmitted via WIPO.

• • Sequence Listings (if applicable): Must follow the prescribed electronic format.

Belgium is relatively flexible regarding formalities, but missing documents must be provided within statutory deadlines.

Belgium Patent Search and Examination Procedure

Belgium operates a grant without a substantive examination system.

The Belgian Patent Office does not conduct a full prior-art examination. Instead:

• A mandatory Patentability search is performed by an international search authority (usually the European Patent Office).
• The search report is communicated to the applicant.

However, the Belgian Office does not evaluate novelty, inventive step, or industrial applicability during examination. The responsibility for analyzing the search report rests with the applicant.

This allows for faster and more cost-efficient patent grants compared to full examination jurisdictions.

Examination Process and Office Actions

Belgium focuses on formal examination only, which includes:

• Checking document completeness
• Ensuring translations are correct
• Verifying inventor/applicant details
• Confirming assignments or POAs where needed
• Confirming payment of fees

Office Actions are typically issued for:

• Missing translations
• Incorrect or incomplete data
• Missing formal documents
• Priority or entitlement deficiencies
• Sequence listing issues

Applicants must respond within statutory deadlines, usually between one and three months, depending on the issue.

Deadline for Request for Examination

Belgium does not require a separate request for substantive examination because it does not conduct such examination.

However, the applicant must:

• Pay the search fee
• Ensure the search report is obtained and submitted as required

Without completing the search requirements, the application cannot proceed to grant.

Publication Process and Legal Impact

Belgian patent applications are published at:

18 months from the earliest priority date,

or earlier upon request.

Publication:

• Makes the application publicly accessible
• Establishes prior art rights
• Alerts competitors
• Initiates the patent’s role in the legal landscape

Publication itself does not confer enforceability.

Grant Process and Enforceability

Once the formal examination is complete and the search report requirements are met:

1. The Belgian Office issues a grant notification.
2. The applicant pays the grant/publication fee.
3. The patent is published as granted in the Belgian Patent Bulletin.

A granted Belgian patent provides:

• Exclusive rights to prevent unauthorized manufacturing, use, sale, or importation
• Right to sue infringers in Belgian courts
• Availability of injunctions and damages
• Recognition for licensing, valuation, and commercial transactions

Belgium provides strong enforcement through specialized commercial courts and EU-wide legal mechanisms.

Patent Validity Term

The patent term in Belgium is:

20 years from the international PCT filing date.

Renewal (annuity) fees must be paid annually to maintain the patent.

Typical Time to Obtain a Patent in Belgium

Due to the grant-without-examination system, typical timelines are:

• 8–24 months from national phase entry to grant
• Faster than many jurisdictions with full substantive examination

Duration may vary depending on how quickly the search report becomes available.

Annuities and Maintenance Procedure

Belgian patents require:

• Annual annuity fees starting from the second year
• Payment on or before the last day of the month of the filing anniversary
• A six-month grace period with a surcharge for late payments

Failure to pay annuities results in lapse of the patent.

Official Government Fees for Belgium Patent Filing

Filing & National Phase Entry Fees

Belgium Patent Search Fees

Grant & Publication Fees

Belgian annuity fees increase gradually to reflect the rising economic value of the patent.

Utility Model Protection in Belgium

Belgium does not currently offer utility model protection.

Applicants seeking short-term or simplified protection routes generally utilize:

• National patents (granted without examination), or
• European patents validated in Belgium

Belgium’s national patent system already provides a relatively quick route to obtaining protection.

Belgium Patent Office & Official Website

Official Website: Belgium Patent Office