Posted the: 2007-09-04 Numac: 2007015076 FEDERAL Foreign Affairs, external trade and development COOPERATION PUBLIC SERVICE April 21, 2007. -Law concerning various provisions relating to the procedure for filing of European patent applications and the effects of these applications and European patents in Belgium (1) ALBERT II, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
S. 2 § 1. The patent application made under the provisions of the European Patent Convention revised by the Act of 29 November 2000 (hereinafter referred to as the "European Patent Convention") may be filed, at the choice of the applicant, the Agency of intellectual property of the Service federal public economy, either with the European Patent Office.
§ 2. The patent application made according to the provisions of the Convention on the European patent, by persons with Belgian nationality or domiciled or headquartered in Belgium and which may be of interest to the defence of the territory or the security of the State shall be filed with the intellectual property Office. The provisions of the law of January 10, 1955 on the disclosure and implementation of inventions and trade secrets concerning territorial defence or State security apply.
3. The European patent application does not provide the protection referred to in article 64 of the European Patent Convention. Nevertheless reasonable compensation, fixed according to the circumstances, may be required of any person having exploited in Belgium the invention, subject matter, from the date on which claims have been made available to the public at the Office of intellectual property or have been delivered to that person in one of the national languages.
S. 3 § 1. If the text in which the European Patent Office issues or maintain a European patent as a result of an application in which the Belgium has been designated, is not written in one of the national languages, the applicant must provide at the intellectual property Office a translation into one of these languages, within a period of three months from the day of publication of the mention of the grant of the patent or where appropriate, the decision to maintain the patent as amended.
§ 2. If the provision of § 1 is not observed, the European patent is, from the outset, deemed without effect in Belgium.
3. The intellectual property Office shall keep a register of all European Patents referred to the § 1 which have effect on the national territory, makes the text or possibly the translation available to the public and collects the national taxes for the maintenance of the patent for the years following that in which took place the publication of the mention of the grant of the patent.
S. 4. the provisions of article 3 do not affect the right of national courts to require a full translation of the application or the patent granted in the language of the proceedings.
5 § 1. Insofar as a Belgian patent is an invention for which a patent has been issued to the same inventor or to his successor in title with the same date of filing or, if priority has been claimed, with the same date of priority, the Belgian provided patent that it covers the same invention as the European patent ceases to have effect either on the date on which the deadline for the formation of opposition to the patent European is expired without an opposition was formed, or at the date to which the opposition proceedings are closed, European patent having been maintained.
The extinction or the subsequent cancellation of the European patent does not affect the provisions of this article.
§ 2. The Brussels commercial court found that the Belgian patent has ceased to produce its effects in whole or in part in accordance with the § 1.
The clerks of courts and tribunals communicate free of charge, by ordinary letter, at the intellectual property Office a copy of the judicial decisions on the basis of this paragraph no later than one month after the date on which the judgment or the judgment was sunk in force of res judicata or after the date an appeal or an opposition was filed against this decision.
3. When the judgment or the judgment is cast in res judicata, the finding is recorded in the register of patents and brought to the attention of the public.
S. 6. the holder of a European application may request in the cases referred to in article 135, § 1, letter a, of the Convention on the European patent, to initiate the procedure for the issuance of a Belgian patent. This application will be rejected if it does not, within a period of three months after receipt by the Agency of intellectual property of the request for conversion to the following conditions: a) pay the national application fee;
(b) produce the text of the application in one of the national languages if the European patent application is not drawn up in one of these languages.
The search report, if it has been established by the European Patent Office, may be used in the grant procedure.
S. 7. the King means the national authorities which the European Agency may apply for administrative and judicial cooperation under article 131 of the European Patent Convention.
S. 8. the request for a technical opinion under article 25 of the Convention on the European patent can be directly addressed to the European Patent Office.
S. 9. the publication of translations and revised translations referred to in article 3 of the Act gives rise to the payment of a fee. This fee is payable when the furnishing of the translation or must be paid to the intellectual property Office within the time limit referred to in article 3, § 1, of this Act.
The King fixed the amount and method of payment of this fee.
S. 10. article 574 of the Judicial Code, amended by the law of 22 July 1991, July 17, 1997, 10 February 1998, February 10, 1999, 7 May 1999, 24 March 2003, 22 July 2004-December 20, 2005, is supplemented by the following paragraph: "15 ° of action aimed to establish the cumulation of acquired protections, for the same invention, by the Belgian patent and patent European and trained in application of article 5 of the Act of the... on various provisions. relating to the procedure for filing of European patent applications and the effects of these applications and European patents in Belgium '.
S. 11. in article 633quinquies of the Judicial Code, inserted by the law of 20 December 2005, the words «in the cases provided for in article 574, 11 ° and 14 °» are replaced by the words "in cases provided for in article 574, 11 °, 14 ° and 15 °".
S. 12. in article 2, § 2, of the law of 8 July 1977 approving the following international acts: 1. Convention on the unification of certain elements of the right to patents, done at Strasbourg on 27 November 1963;
2. Treaty of cooperation on patents and regulations, made in Washington on 19 June 1970;
3 convention on the grant of European patents (European Patent Convention) and four protocols, made in Munich on 5 October 1973;
4. convention for the European patent for the common market (Community patent convention) and regulation enforcement, made at Luxembourg on 15 December 1975, the words 'and of the law of August 4, 1955, concerning the security of the State in the field of nuclear energy' are deleted.
S. 13. in article 3, § 2 of the Act, the words "and of the law of August 4, 1955, concerning the security of the State in the field of nuclear energy" are deleted.
S. 14. in article 7, § 2, of the Act, "find the courts of first instance" shall be replaced by the words "the tribunal de commerce de Bruxelles notes".
S. 15. this Act applies to all European patent applications filed after its entry into force and to European patents granted on the basis of these requests.
Without prejudice to decisions of the Governing Council of the European Organisation of patents taken in application of article 7, § 1, second sentence, and § 2 of the Act revising the Convention on the grant of European patents (European Patent Convention) of 5 October 1973, revised last December 17, 1991, done at Munich on November 29, 2000, this Act does not apply to patents Europeans already issued upon its entry into force , or European patent applications that are pending on that date.
S. 16 this Act comes into force on the date of entry into force for Belgium of the Convention on the grant of European patents of 5 October 1973, revised by the act done at Munich on November 29, 2000.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given to Brussels, April 21, 2007.
ALBERT by the King: Foreign Minister K. DE GUCHT. the Minister of Justice, Ms. L. ONKELINX. the Minister of economy, M. VERWILGHEN Scellé of the seal of the State: the Minister of Justice, Ms. L. ONKELINX _ Notes (1) Session 2006-2007.
Room: Parliamentary Documents. -Draft transmitted by the Senate, no. 51-2747/1. Report, n °. -Text adopted in plenary and subject to Royal assent, meeting No. 51-2747/2.
-Discussion, meeting of February 8, 2007. Vote, meeting of February 8, 2007.
Senate: Parliamentary Documents. -Project not mentioned by the Senate 3-2059/1.