In the period prior to the application, it is very important not to disclose your invention. Otherwise, there is a chance that it will be considered state of the art. Any form of prior publication is sufficient to allow a patent to be declared invalid or not to be granted. Therefore, do not wait too long to file the application.
Patent Attorney
If you are considering filing a patent application, you can explain your technical invention to a patent attorney. This conversation is of course confidential.
Our patent attorneys distinguish themselves through their broadly oriented knowledge. In addition to academic training and the acquisition of the necessary insights into patent law, the patent attorneys at Bureau M.F.J. Bockstael are continuously trained and know better than anyone the importance of innovation processes in entrepreneurship.
In the first instance, our patent attorneys will look at what protection you or your company need. Sometimes (often) we arrive at the advice that a patent application is not (yet) recommended.
If applying for a patent application is one of the options, the patent attorney analyzes the technical information provided, conducts research where necessary, and draws up the structure of the scope of protection.
Our patent attorneys ensure that your invention is optimally protected.
The description of a patent application starts with a very succinct description of the existing ancillary technology and the associated drawbacks or limitations. This introduces the object of the invention, which can then be precisely understood, with attendant advantages. In a detailed description with reference to the figures, a preferred embodiment is described, mainly because it is illustrative. The scope of protection of the patent application is defined in the claims.
Priority year
Whether you want protection in one specific country or in a wider area, the best way to start a patent procedure is to file a patent application in one specific country. You then automatically receive the right to extend your rights virtually anywhere in the world within a year, while retaining your privilege associated with the first application. This year is called the priority year.
Belgian patent application
A Belgian patent application always has a maximum lifespan of twenty years. When the patent application is filed, a novelty search is required.
The results of the novelty search will be made available within nine months of the filing of the patent application and will enable the applicant for the patent application to make an informed decision about the possible extension of his/her rights abroad. This decision must be made within 12 months of the first submission.
First submission in Belgium
The advantage of starting a patent procedure in Belgium is that the patent application is drafted in Dutch, the mother tongue of most of our patent attorneys. Incidentally, it is the most cost-effective way to start a patent procedure. In addition, the Belgian Official Bodies have the mandatory search for novelty carried out by the researchers of the European Patent Office, which is a guarantee for the proper execution of the searches for the state of the art. Finally, the Belgian Federal Government contributes to the costs of the novelty search.
European & International Patent Offices
EPO, WIPO, UKPO, or USPTO.
If the technical information provided is in English, or if the patent attorney feels more familiar with writing the text in English given the subject matter of the invention, we will recommend drafting the patent application in English and filing the priority with the European Patent Office (EPO, The Hague-NL), with the International Patent Office (WIPO, Geneva-CH) or with the Official Bodies in the United Kingdom (IPO, Newport-UK).
In specific cases, we recommend a priority submission in the United States (USPTO, USA).
Before the end of the priority year, you may decide to extend your rights to the countries in which you wish to protect your invention.
- Grouped through a European procedure
If you want protection in different European countries, a centralized European procedure is the most cost-effective option.
- International procedure
If you prefer to postpone the decision and the costs for the various national procedures for an additional 18 months, the international procedure offers an ideal solution.
In this way, you have 30 months to count from your first filing to determine in which countries your invention can yield enough to justify continuing the patent application in those countries.
You keep all your options for almost worldwide protection.
This international procedure is also a good option if you only wish to start the granting in the various countries where you want protection after an initial assessment. Such a review also makes it possible to harmonize the different national procedures afterward by making appropriate changes to your patent application.