Patent in Luxembourg

How to file a patent in luxembourg

The patent proceeding in Luxembourg starts with the filing a patent application at Intellectual Property Office Ministry of the Economy. The application must contain a request to grant a patent in Luxembourg.

The application can be filed online.

Luxembourg patent filings

The request for the grant of the patent must be presented in three copies and on forms provided by the LU IPO. It must be dated and signed by the applicant(s) or their representative and contain the following indications:
(a) a statement that a patent is sought;
(b) the title of the invention, showing in a clear and concise manner the technical designation of the invention and no fanciful denominations;
(c) the name and surname, the name or the name, as well as the address of the applicant(s);
(d) the name and address of the authorized representative, if appointed;
(e) the postal address on the territory of the Grand Duchy of Luxembourg to which communications from the service will be sent;
(f) in the case of a divisional application, its designation as such, and the references in the initial application;
(g) in the case of an application for the grant of a patent Luxembourg on the basis of an international application filed under the Patent Cooperation Treaty (PCT) system, its designation as such , as well as the references to the international application;
(h) in the case of a request for conversion of a European patent application, its designation as such, and references to the European patent application.

Registration proceding

The request for grant can be the subject of the declaration of priority in accordance; where the patent application is filed as a result of the disclosure of the invention at an officially recognized exhibition, the statement relating thereto; a statement by the applicant relating to the name and address of the inventor or inventors.

The patent specification shall contain the description of the invention, the claims, the drawings and the abstract shall constitute the technical parts of the patent application or patent. Units of weight and measurement should be expressed in accordance with the metric system, and the temperatures in degrees Celsius, where applicable. Generally, only technical terms, signs and symbols that are generally accepted in the field concerned should be used. Terminology and signs should be consistent throughout the technical documents.

A patent application in Luxembourg must be completed by a translation into French or German. This translation shall be furnished not later than one month after the filing of the patent application.

The description of the invention must include the title “description” or ” Specification “. Where the application is filed in the German, Luxembourg or English language, the terms to be used shall be “Beschibung” respectively , “Beschreiwung” and “Description”. The specification shall contain first reproduced the title of the invention; specify the technical field to which the invention relates; indicate the prior art, to the extent that the applicant knows, where applicable, by documentary citations; describe the invention, as characterized in the claims, if any, in the form of a solution to a technical problem, giving an indication of the benefits of such solution; briefly describe the figures of the drawing, if any; describe in detail at least one embodiment of the invention, including where applicable examples or cross-references to the drawings; explain the way in which the invention is capable of industrial application, to the extent that this is not already obvious from the description or the nature of the invention.

The claim (s) containing the claim (s) must include the title “Claim” or ” Claims “. Where the application is filed in the German, Luxembourgeoise or English language, the terms to be used are “Indicative” respectively , “patentansstakeholders Äch.” and “Claims”. The claims shall not, except where absolutely necessary, contain references to the description or drawings. Reference signs which, in the drawings, refer to the technical features of the invention, may be carried forward, in parentheses, in the other parts of the technical parts, in particular in the claims , if the understanding was facilitated. They do not have the effect of limiting the claims. The claims shall be numbered in Arabic numerals consecutively.

A patent application may contain several independent claims of the same category (product, process, device, means, use) if the subject matter of the invention cannot be adequately covered by a single claim. Any claim, a dependent claim, which contains all the technical features of another claim, shall, where possible in the background section, contain a reference to that other claim and shall specify in its characterizing portion, the additional technical features for which protection is sought. The translation of the claims must be produced within one month from the filing date of the patent application.

Drawings should be executed in black, white, well-defined and without coloring. If cuts are indicated by hatching , they should not interfere with the reading of reference signs and guidelines. The scale of the drawings and their graphical execution must be such that the photographic reproduction will enable all the details to be distinguished without delay. If the scale is contained on a drawing, it must be represented graphically. Each component of a figure should be represented in proportion to the other elements of the figure. Regardless of the numbering of the sheets, the different figures shall be numbered in Arabic numerals consecutively. The different figures on the same sheet should be separately separated from each other. Exceptionally, the constituent parts of the same figure may be represented on several sheets provided that the overall figure can easily be composed by juxtaposition of leaves. The numbers, letters and reference signs appearing in the drawings and for the same items shall be identical in all technical documents. Drawings should not contain text. Required short information is admitted. These indications must be expressed in the chosen language for the drafting of technical documents.

The part containing the abstract should include the title ” abstract “. Where the application is filed in the German, Luxembourgeoise or English language, the terms to be used are, respectively, Zusammenfassung. The description shall then reproduce the title of the invention and summarize at most fifty words the disclosure of the invention contained in the description, claims and drawings. In order to do so, the abstract should indicate in an objective and precise manner the technical field to which the invention belongs, the essence of the technical problem and the solution of that problem through the invention , as well as the main form (s) of use for which the invention is made. Where sheets of drawings have been furnished in support of the description, the applicant shall indicate the number of the figure of the drawing which he proposes to associate with the abstract and attach that figure with the addition of Annex to the abstract. ”