Register patent in Luxembourg

Luxembourg, with its developed and innovation-oriented economy, has many advantages for the development of inventions in various fields. Luxembourg is a major financial center in Europe, with a favorable regulatory and business environment for fintech companies. Inventions in the fields of mobile payments, cryptocurrencies, blockchain, technology insurance, and digital asset management have the potential to thrive here. Luxembourg is investing heavily in research and development in the field of biotechnology and healthcare. Inventions related to pharmaceuticals, medical devices, diagnostics, gene therapy, and personalized medicine have many opportunities to be supported and developed. Luxembourg has established a clear legal framework and financial support for companies operating in the space technology sector. Inventions related to space resource exploitation, space tourism, satellites and space communication technologies can find development opportunities here. Luxembourg has a strong tradition of research and development in the field of materials, especially steel. Inventions in new materials, nanomaterials, composite materials, and advanced manufacturing technologies can be applied in a variety of industries. In addition, Luxembourg has other advantages such as a favorable geographical location, a stable business environment, a highly qualified workforce, and attractive tax policies, which facilitate the development and commercialization of inventions. Viet An Law would like to guide customers through the procedure for patent registration in Luxembourg through the article below.

Legal Basis

• Law of 20 July 1992 on Changes in the Patent System for Inventions (amended by Law of 24 May 1998)

Definition of a patent in Luxembourg

In Luxembourg, a patent is an exclusive right granted by the government to an inventor for their invention. This right allows the inventor to prevent others from producing, using, selling, or importing the patented invention without their permission for a limited period of time.

Conditions for registering a patent in Luxembourg

• Novelty: The invention must be new, which means that it has not been publicly published anywhere in the world before the date of filing the patent application.
• Innovation (unclear): The invention must not be obvious to someone with expertise in the technical field, which means that it involves an innovation step that is not easily deduced from existing knowledge.
• Industrial Applicability: The invention must be able to be used or created in any type of industry, which means it has practical application or use.

Types of patents that can be registered in Luxembourg

• National Patent: This is a patent issued by the Luxembourg Office of Intellectual Property (OPI) and is valid only within the territory of Luxembourg.
• Unitary European Patent: This is a single patent that provides uniform protection in all participating EU member states, including Luxembourg. It is granted by the European Patent Office (EPO) and approved in Luxembourg.

Patent registration dossier in Luxembourg

• Patent Application: This form includes information such as the name of the invention, the name and address of the inventor(s) and the applicant(s), and the filing date.
• Description: This is a detailed description of the applicant’s invention, including the context, the technical field, the problems it solves, and how it works. The applicant must provide sufficient detail so that a person with expertise in the field can understand and reconstruct the invention. The information typically includes the following sections:
  • Name of the invention
  • Technical Field
  • Background art
  • Patent Summary
  • Brief description of the drawings (if applicable)
  • Detailed description of the invention
  • Industrial applicability
• Protection Claims: This is a numbered list of claims to determine the scope of protection for one’s invention. Claims for protection are the most important part of a patent application, as they define the scope of the applicant’s exclusive rights.
• Drawings (if any): If the applicant’s invention can be illustrated, drawings should be provided to help clarify the description.
• Summary: A brief summary of the invention, usually about 150 words or less.
• Priority documents (if any): If the applicant has applied for a patent for the same invention in another country within the last 12 months, the applicant can claim priority.
• Power of attorney (if any): If the applicant files through the patent representative, it is necessary to provide them with a power of attorney on behalf of the applicant.
• Other documents (if applicable): Depending on the applicant’s case, the applicant may need to file other documents, such as a transfer agreement if the applicant is not the inventor, or a copyright statement.

Patent registration in Luxembourg through the PCT system

What is the PCT System?

The PCT system stands for Patent Cooperation Treaty – an international treaty that aims to create a uniform process for filing international patent applications. The system is administered by the World Intellectual Property Organization (WIPO) and has more than 150 countries participating, including Luxembourg.

Benefits of the PCT system:

• Save time and money: The PCT system allows the applicant to file a single patent application for patent protection in multiple countries participating in the Treaty, rather than having to file a separate application in each country. This saves time, costs and administrative procedures.
• Postponement of the national filing deadline: When filing a PCT application, the applicant has an additional 30 months to decide which country the applicant wants to protect the invention. This is a valuable time for the applicant to evaluate the commercial potential of the patent and prepare for the filing of the national application.
• Simple Process: The PCT System uses a common set of rules and procedures for all participating countries, which simplifies the filing process and saves time for both the applicant and the national patent office.
• Early Search Information: The International Search Report and Written Opinion of the International Patent Search Agency will provide the applicant with information about the novelty and patentability of the patent, helping the applicant to make an informed decision about filing a national application.
• Enhanced international cooperation: The PCT system encourages international cooperation in the field of patents by creating a common platform for the exchange of information and the sharing of experiences between countries.
• Support innovation: The PCT system helps promote innovation by reducing the procedural burden on inventors and making it easier for them to protect their patents worldwide.

Patent registration dossier through the PCT system

To file an invention registration through the PCT system, you need to prepare a dossier that includes the following documents:

• PCT Application: The application can be filed in Vietnamese or English, however, it is recommended that it be filed in English to facilitate the processing. You can download the PCT application form from the WIPO website: https://www.wipo.int/pct/en/forms/
• Description of the invention: The description of the invention should present the invention in detail and clearly, including:
  • Patent Name Technical Field
  • Patent Summary
  • Detailed explanation of the invention
  • Drawings (if any)
  • Request for protection
• Claim for protection: The claim for protection should clearly define the scope of protection that the applicant wants to give the invention.
• Patent Claims: Patent claims need to clearly identify the inventor (or inventors).
• Letter of Authorization (if applicable): If the applicant uses an intellectual property representative to file the application, the applicant needs to provide a Letter of Authorization that authorizes the representative to represent the applicant during the filing process and process the procedure.

Additional documents (may be required):

• Priority documents (if any): If the applicant filed an application for the same patent in another country before filing the PCT application, the applicant may claim priority based on the date of filing that application.
• Translation (if applicable): If any of the documents on file are not in English or French, the applicant needs to provide a translation into either of these languages.
• Application fee: The applicant needs to pay the PCT filing fee to the International Receiving Office (IB)

If you want to file a patent application, please contact Viet An Law for the most effective support.