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Patent protection in Hasselt operates under Belgian and European frameworks. A patent gives you the right to stop others from making, using, selling, or importing your patented invention in Belgium. You can protect an invention through a Belgian national patent, through a European patent designating Belgium, and since 2023 through a European patent with unitary effect that also covers Belgium. Although your business may be in Hasselt, patent rules are national, and litigation is largely centralized in Brussels, with additional options under the Unified Patent Court for certain European patents.
Belgian national patents are administered by the Belgian Office for Intellectual Property within the Federal Public Service Economy. European patents are handled by the European Patent Office. A standard patent lasts up to 20 years from the filing date, provided you pay annual maintenance fees. To qualify, an invention must be new, involve an inventive step, and be capable of industrial application.
Patent work is technical and time-sensitive. A lawyer or qualified patent attorney can help you:
- Assess patentability and prepare a filing strategy aligned with your business goals and budget in Hasselt and abroad.
- Draft and prosecute patent applications, including managing searches, responses, and translations.
- Choose between a Belgian filing, a European filing, a Unitary Patent, or international routes, and coordinate timelines and priority claims.
- Conduct freedom-to-operate reviews to reduce infringement risk before launching a product in Belgium or the EU.
- Enforce your rights through warning letters, customs measures, evidence preservation, preliminary injunctions, and court actions.
- Defend against infringement claims, challenge validity, or negotiate settlements and licenses.
- Structure R&D, employee invention, and contractor agreements to avoid ownership disputes.
- Record assignments and licenses and manage annuities and portfolio maintenance.
- Align IP with finance and tax planning, including Belgium’s innovation income incentives.
- What can be patented: Technical inventions that are new, non-obvious, and industrially applicable. Certain subject matter is excluded, such as discoveries, mathematical methods, aesthetic creations, business methods as such, methods of surgery or therapy, plant or animal varieties and essentially biological processes. Software as such is excluded, but computer-implemented inventions that produce a technical effect can be patentable.
- Filing routes and languages: You can file a Belgian national patent in Dutch, French, or German. For broader protection, many applicants use a European patent, which can then be validated for Belgium or given unitary effect. Translation requirements for European patents validated in Belgium are limited compared to historical practice. Professional advice is recommended to meet language and translation obligations correctly.
- Belgian national procedure: A prior art search is typically required for national filings. There is no full substantive examination at the Belgian office, so grant can be relatively efficient compared to examined systems. Publication usually occurs at 18 months from the earliest priority. After publication, limited provisional protection may apply, subject to language rules on claim translations.
- Rights and limitations: The patent owner can stop making, using, offering, placing on the market, importing, or stocking the patented product or a product obtained by a patented process. Limitations include private non-commercial use, acts done for experimental purposes, regulatory test and approval use for medicines and plant protection products, and exhaustion of rights for goods placed on the EEA market by or with the consent of the patent holder.
- Duration and maintenance: Maximum 20 years from filing, subject to annual renewal fees. Pharmaceutical and plant protection inventions may qualify for supplementary protection certificates that can extend protection for the active ingredient beyond 20 years.
- Employee and contractor inventions: Ownership is typically determined by contract. Clear agreements are essential. If inventions are created in the course of assigned inventive duties, the employer commonly owns the rights. Independent contractors should have written IP assignment clauses to ensure ownership transfers to the client.
- Enforcement in Belgium: Civil patent litigation for Belgian national patents and validations is concentrated in the Brussels enterprise court, which has specialized IP chambers. Provisional measures and seizure of evidence tools are available to secure proof and stop urgent infringement. European patents with unitary effect, and classical European patents that are not opted out, can be litigated before the Unified Patent Court, which has a Belgian local division.
- Time limits: Civil claims are subject to limitation periods. Do not delay in seeking advice if you discover potential infringement. Prompt action is also crucial to secure evidence.
- Public interest and compulsory licensing: Belgian law provides for compulsory licenses in limited scenarios such as non-working, public interest, or dependent patents, subject to strict conditions and remuneration.
- Customs and border measures: Belgian customs can help detain suspected infringing goods entering or transiting the EU. A lawyer can help prepare an application for customs action and coordinate evidence and follow-up litigation.
You can file a Belgian national patent for coverage limited to Belgium or a European patent that designates Belgium. Many businesses use the European route because it also allows optional unitary effect or validation in multiple countries. The best path depends on your markets, budget, and timelines.
Yes. Public disclosure before filing can destroy novelty. While limited grace provisions exist in narrow cases, the safest practice is to keep the invention confidential and file first. Use non-disclosure agreements when discussing with partners, suppliers, or investors.
Software as such is excluded, but computer-implemented inventions that deliver a technical solution to a technical problem can be patentable. How you draft the claims and describe the technical effect is crucial. A patent attorney can help assess and frame your invention.
A standard patent lasts up to 20 years from filing, subject to annual renewal fees. Fees increase over time and must be paid on schedule, with limited grace options. Budgeting for annuities and using a reliable docketing system is essential.
Patent disputes in Belgium are handled by specialized courts in Brussels for national rights. For European patents under the Unified Patent Court system, cases can be brought before the Belgian local division of the UPC. Your lawyer will select the appropriate forum and language of proceedings.
Do not ignore it. Seek legal advice immediately. Your lawyer can evaluate the patent’s scope and validity, assess your product, prepare a response, negotiate a license if appropriate, or challenge the patent. Early technical and legal analysis helps manage risk and cost.
Yes. You can file a customs application for action so Belgian customs can detain suspected infringing goods. You must follow up quickly with evidence and, if needed, court action. A lawyer can coordinate filings and communications with customs.
No. Patent rights are national. A Belgian patent or a European patent validated in Belgium covers Hasselt and the rest of the country. A Unitary Patent also covers Belgium along with other participating EU states.
Ownership is primarily governed by contract. Ensure your employment and contractor agreements clearly address invention disclosure, assignment, confidentiality, and compensation. Without clear terms, disputes may arise that can jeopardize your patent plans or delay investment and exits.
Belgium offers innovation-focused tax incentives that can apply to qualifying patent income, subject to conditions and nexus rules. Coordinate between your IP counsel and tax advisor early so your filing and R&D documentation align with eligibility requirements.
- Belgian Office for Intellectual Property at the Federal Public Service Economy for national patent procedures, searches, renewals, recordals, and SPCs.
- European Patent Office for European patent applications and prosecution.
- Unified Patent Court for litigation of European patents with unitary effect and non-opted out European patents.
- Brussels enterprise court specialized IP chambers for national patent disputes and appeals.
- Belgian Customs and Excise Administration for border measures against infringing goods.
- Flanders Innovation and Entrepreneurship services for R&D support and innovation programs relevant to SMEs in Hasselt.
- Professional bodies of patent attorneys and bar associations in Belgium and Flanders for referrals to qualified counsel.
- Protect confidentiality: Use non-disclosure agreements and limit internal access to need-to-know teams until a filing is made.
- Capture the invention: Prepare a clear invention disclosure with problem-solution statements, technical effects, drawings, and enabling details. Collect lab notebooks, prototypes, and test data.
- Map your goals: Identify target markets, competitors, and timelines for product launch, funding, or partnerships. This informs your filing route and claim strategy.
- Choose a route: Discuss national Belgian filing, European filing with validation or unitary effect, and any international strategy. Align with budgets and deadlines, including priority within 12 months of an initial filing.
- Conduct a search and FTO: Commission prior art and freedom-to-operate checks to refine claims and reduce infringement risk in Belgium and the EU.
- File early and correctly: Meet formalities and language requirements. For European filings, plan translations and validation or unitary effect decisions on time.
- Set up maintenance and monitoring: Calendar annuities, track competitors, and consider watch services for conflicting applications and potential infringers.
- Prepare for enforcement or defense: Agree on evidence-gathering steps, including potential evidence seizure and product sampling. Keep dated marketing and R&D records.
- Coordinate tax and contracts: Align IP filings with innovation incentives, and update employment and contractor agreements to secure ownership.
- Engage local counsel: Work with a Belgian patent attorney and, where needed, litigation counsel experienced before the Brussels courts and the Unified Patent Court. They can represent you effectively regardless of your location in Hasselt or elsewhere in Belgium.
This guide is informational only. For advice on your specific situation, consult a qualified patent professional in Belgium.
