• Patent fees

Fees associated with filing patent applications in Luxembourg as well as other patent fees are available in the fee calculator.

• Term for filing a patent application in Luxembourg

The term of filing a patent application in Luxembourg claiming priority is 12 months from the priority date.

• Filing requirements in Luxembourg

The official language of the Luxembourgish patent application is French, German, English, or even Luxembourgish. The French or German translation of an application filed in English may be provided within one month of filing the application, and when the application is filed in Luxembourgish, the French or English translation should also be provided within one month from filing.

The following documents are required for the successful filing of a new patent application: a request for the grant of a patent and specification, i.e. description of the invention, claims, drawings, if any, and abstract.

To confirm the priority right, the applicant must submit a сopy of the Priority Document within four months from the filing date. This term may be extended by two months upon request. Certification or legalization is not required. If the priority document is not filed in English, French or German, the applicant must file a translation in one of these languages.

The Power of Attorney should be submitted only in case the representative is not a Luxembourgish Patent Attorney. The legalization or notarization of the POA is not required.

If the applicant is not an inventor, the statement of inventorship (Assignment Deed) should be provided within 16 months from the date of filing, or from the priority date if it is claimed.

• Examination of the Luxembourgish patent application

The substantive examination of inventions is not stipulated in Luxembourg. However, in order to obtain a patent that is valid for a maximum period of 20 years, it is necessary to submit a request for a search report or validate European Patent Office search report within 18 months from the date of filing the application or the priority date. Alternatively, if the application is published 18 months after its filing or priority date, a patent with a maximum duration of six years is granted.

• Novelty grace period

Luxembourg patent application may be filed within six months after the disclosure at an official or officially recognized international exhibition or when such a disclosure was made in bad faith by any third party.

• Grant, validity term and maintenance fees

The official grant fee is not stipulated. Patents in Luxembourg are in force for twenty years from the filing date. Annual fees are due each year starting from the 3rd one and should be paid before the expiry of the last day of the month in which the anniversary of the filing date occurs. Late payment is possible within a six-month grace period by paying a corresponding surcharge.

• Duration of registration procedure

The average processing time for patent registration procedure in Luxembourg is 2-5 years.

• Utility Model

Legal protection of the invention as utility model in Luxembourg is not possible.

• Representation by a patent attorney

For foreign patent applicants, it is necessary to perform patent prosecution through an agent, a registered patent attorney in Luxembourg.

• Notes

1. Online Database for Luxembourg Patents, European Patents (EPO).
2. Patent protection in Luxembourg may be obtained via European patent which is valid in Luxembourg automatically.

The above information was verified on 07.06.2023
Please contact us if the above information is not in conformity with the Luxembourgish IP Laws