• Patent fees

Fees associated with the Luxembourg PCT national phase entry as well as other patent fees are available in the fee calculator.

• Deadline for entering the PCT national phase in Luxembourg

The time limit for Luxembourg national phase entry of a PCT application is 30 months from the date of priority. The restoration of this time limit is not possible.

• Filing requirements in Luxembourg

The official language of the Luxembourg patent application is English, French or German. If the application materials are filed in English, the French or German translation of the claims is required. If the patent application is filed in any other foreign language, a full translation of the international patent application into French or German is required.

To obtain the date of filing a PCT national phase patent application in Luxembourg should contain:
- applicant’s details;
-international application materials;
- proof of payment of the corresponding fees.

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

If an applicant claims priority of an earlier application under which this person is not the applicant, a Deed of Assignment must be furnished. Legalisation is not required.

• 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 international filing the application or the priority date. Alternatively, if the application is published 18 months after its international 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 international filing date. Annual fees are due each year starting from the 3rd one and should be paid before the expiry of the month in which the anniversary of the international 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

It is not possible to enter the national phase of a PCT application as a utility model in Luxembourg.

• 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. The PCT application may also be nationalised in Luxembourg via entering the European regional phase.

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