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You must not miss today's' Luxembourg Patent Application Guide '
Invention patents will be granted approximately 6-10 months after acceleration
The protection period is 6 years
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Patent type
The Luxembourg patent system includes invention patents, utility model patents, and design patents. Invention patents are applicable to novel, creative, and industrially applicable inventions. Utility model patents apply to novel and practical products or processes. Design patents apply to designs in terms of appearance, shape, and decorative aspects.
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patent application
To obtain patent protection in Luxembourg, applicants need to submit a patent application to the Luxembourg Ministry of Economy. The application must include an application form, description, claims, and relevant drawings. Applicants can choose to submit their application documents in Luxembourgish, French, or German.
(PS: Compared to most other countries, Luxembourg's invention patent application system is divided into two types: "short-term patents" and "conventional invention patents".). The protection period of "short-term patents" is 6 years from the date of application. The protection period of a 'conventional invention patent' is 20 years from the date of application. If the application process goes smoothly, "short-term patents" can be authorized in about 5 months after application, which is very suitable for applicants who need to quickly obtain patent certificates -
patent examination
The Luxembourg Patent Office will review patent applications to determine whether they meet the requirements of patent law. During the examination process, the patent office may require the applicant to provide further information or make modifications. Once the patent application is approved, the patent will be granted and valid within the territory of Luxembourg.
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Patent protection period
In Luxembourg, the protection period for invention patents is 20 years, for utility model patents it is 10 years, and for design patents it is 25 years.
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Patent Transfer License
The patent holder may transfer their patent rights to others or grant others a license to use the patent. These transfer and licensing agreements should be made through written contracts and registered in accordance with the provisions of Luxembourg patent law.
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Patent dispute resolution
In terms of patent disputes, Luxembourg has a special court, the Intellectual Property Court, responsible for handling litigation and disputes related to patents. The court has specialized intellectual property judges who can provide efficient and professional dispute resolution services.
The specific time of the Luxembourg patent examination cycle depends on various factors, including the complexity of the application, the completeness of the documents provided by the applicant, and the efficiency of communication between the applicant and the Luxembourg Patent Office. However, the following is the approximate time range of the Luxembourg patent examination cycle in general:
After receiving the application, the Luxembourg Patent Office will conduct a preliminary examination to confirm the completeness and conformity of the application documents. The initial review usually takes several months to about six months.
Once the preliminary examination is passed, the Luxembourg Patent Office will conduct substantive examination to conduct in-depth research and evaluation of the applied patent. The substantive examination usually takes a long time, possibly one year or more, especially for complex applications or inventions involving novel technical fields.
If during the examination process, the Luxembourg Patent Office raises questions or requires further information about the application, they will issue a notice to the applicant. The applicant needs to respond promptly to the notification, provide the required information or make necessary modifications. The response time may affect the entire review cycle.
Once the substantive examination is passed, the Luxembourg Patent Office will make a decision on authorization or refusal. The authorization decision means that the patent will be granted and valid within Luxembourg. Refusal decision means that the patent application is rejected, but the applicant can appeal against the decision.
