Novelty grace period for utility model applications in Luxembourg

Submitted by 页之码 on

6 months before the filing date/priority date.

专利申请流程

  • The novelty grace period is 12 months before the filing date/priority date.

  • 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.

    • 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.

  • 20 years

  • 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.

  • no

  • Filing Language: English/German/French

    via Paris Convention via Nationalization of PCT

    Necessary documents:

    1. Abstract
    2. Abstract Drawing
    3. Claim
    4. Specification
    5. Drawing

    Necessary documents:

    1. Abstract
    2. Abstract Drawing
    3. Claim
    4. Specification
    5. Drawing

    Attachments (if any)

    1. Power of Attorney
    2. Certified Priority Document
    3. Declaration of Ownership/Certification of Employment/Assignment of priority
    4. Assignment for Patent Right Transfer
    5. Notification issued by CNIPA notify the applicant the application has passed through the security review

    Attachments (if any)

    1. WIPO Publication
    2. ISR/IPRP
    3. Entering the Luxembourg national phase 19/28/34/41 amended
    4. Declaration of Ownership/Certification of Employment/Assignment of priority
    5. Power of Attorney
    6. Assignment for Patent Right Transfer
    • via Paris Convention : 6 months from earliest priority date.
    • EU appearance route: 6 months from the earliest priority date.
    • Hague Agreement route: 6 months from earliest priority date.
  • Filing Language: English/German/French

    via Paris Convention via Nationalization of PCT

    Necessary documents:

    1. Abstract
    2. Abstract Drawing
    3. Claim
    4. Specification
    5. Drawing

    Necessary documents:

    1. Abstract
    2. Abstract Drawing
    3. Claim
    4. Specification
    5. Drawing

    Attachments (if any)

    1. Sequence Listing (PDF format and TXT format)
    2. Microorganism deposit certificate and its English/German/French translation
    3. Certificate of Microorganism Survival and its English/German/French translation
    4. Power of Attorney
    5. Certified Priority Document
    6. Declaration of Ownership/Certification of Employment/Assignment of priority
    7. Assignment for Patent Right Transfer
    8. Notification issued by CNIPA notify the applicant the application has passed through the security review

    Attachments (if any)

    1. WIPO Publication
    2. ISR/IPRP
    3. Entering the Luxembourg national phase 19/28/34/41 amended
    4. Sequence Listing (PDF format and TXT format)
    5. Microorganism deposit certificate and its English/German/French translation
    6. Certificate of Microorganism Survival and its English/German/French translation
    7. Declaration of Ownership/Certification of Employment/Assignment of priority
    8. Power of Attorney
    9. Assignment for Patent Right Transfer
  • 6 years