OPI conducts only formality examination of invention patent applications. The applicant needs to file a search request within 18 months from the filing date, or submit a search report issued by any official search agency within 18 months from the priority date, and the judgment of novelty in the search report does not affect the Luxembourg patent granted.
OPI does not conduct substantive examination for utility models (short-term patents). If no search is carried out or search reports from other countries are provided, it will only be protected as a short-term patent.
5-8 months
Reinstatement of priority is accepted on grounds of "due care."
Filing Language: English/German/French
via Paris Convention via Nationalization of PCT Necessary documents:
- Abstract
- Abstract Drawing
- Claim
- Specification
- Drawing
Necessary documents:
- Abstract
- Abstract Drawing
- Claim
- Specification
- Drawing
Attachments (if any)
- Sequence Listing (PDF format and TXT format)
- Microorganism deposit certificate and its English/German/French translation
- Certificate of Microorganism Survival and its English/German/French translation
- Power of Attorney
- Certified Priority Document
- Declaration of Ownership/Certification of Employment/Assignment of priority
- Assignment for Patent Right Transfer
- Notification issued by CNIPA notify the applicant the application has passed through the security review
Attachments (if any)
- WIPO Publication
- ISR/IPRP
- Entering the Luxembourg national phase 19/28/34/41 amended
- Sequence Listing (PDF format and TXT format)
- Microorganism deposit certificate and its English/German/French translation
- Certificate of Microorganism Survival and its English/German/French translation
- Declaration of Ownership/Certification of Employment/Assignment of priority
- Power of Attorney
- Assignment for Patent Right Transfer
no
6 months before the filing date/priority date.
The initial protection is 5 years, which can be renewed 4 times, each time for 5 years, and the maximum protection can be 25 years.
- via Paris Convention : 12 months from earliest priority date.
- via Nationalization of PCT : 20 months from the earliest priority date.
- Validation of European Patent in EPO member states: within 3 months from the date of granted of the European invention.
*Luxembourg is one of the only countries in the world that still retain Chapter I for 20 months to enter the national phase (the other is Tanzania). If it takes 30 months to enter the national phase, a request for international preliminary examination must be submitted.
6-18 months
Filing Language: Dutch/French/English Necessary documents:
- Exterior Design Picture (Six Views)
- A Brief Description
Attachments (if any):
- Power of Attorney
- Certified Priority Document
- Declaration of Ownership/Certification of Employment/Assignment of priority
- Assignment for Patent Right Transfer