Luxembourg. Information on the filing of Patents, Designs and. Trademarks in Luxembourg COMANAS CORP. IP Management Service Group

Transcription

1 Luxembourg Information on the filing of Patents, Designs and Trademarks in Luxembourg COMANAS CORP IP Management Service Group

2 CONTENTS 1. International Arrangements 2. Patent 3. PCT National Phase Entry 4. EP Validation 5. Trademark 6. Design

3 [International Arrangements] WIPO Convention Paris Convention (Industrial Property) Berne Convention (Literary and Artistic Works) PCT (Patents) PLT (Patent Law Treaty) Madrid Agreement (International Registration of Marks) Madrid Protocol (International Registration of Marks), since April Hague Agreement (International Deposit of Industrial Designs) Nice Agreement (International Classification of Goods and Services) Rome Convention (Performers, Producers of Phonograms and Broadcasting Organizations) Strasbourg Agreement (International Patent Classification) Geneva Convention (Unauthorized Duplication of Phonograms) Vienna Agreement (International Classification of the Figurative Elements of Marks) WTO: Member and Signatory to TRIPS Agreement Member of Benelux Member of Benelux Trademark Office Member of Benelux Designs Office Member of EPO Member of EU Member of UCC

4 [Patent] Basics Regarding Patentablity of Inventions Inventions may relate to products, processes or industrial applications. Patents are therefore granted to inventions that: i) Are New or Novel ii) Involve an inventive step iii) Comprise of a process or an Industrial application of the invention. For an Invention to be patentable, it should contain the following: (i) Novelty: An invention is considered new or novel if it is not included in the state of the art. State of the art consists of all the information available and accessible to the public prior to the date of the patent application. (ii) Inventive Step: An invention is said to contain an inventive step if for a man skilled in the art it does not yield results in an obvious way from the state of the art. (iii) Industrial Application: of the invention would be â when the object of the invention may be produced, manufactured or used in any kind of industry including agriculture Patent Requirements: In order to apply and file for a patent in Luxembourg you need to provide Patent Information, and you need to send to the Attorney the Power of Attorney for Mexico and the Assignment Document if required. Direct National Applications 1. Name and address of the applicant 2. Name, address and citizenship of the Inventor(s). 3. Invention Title, Abstract of the Invention. 4. Invention Text Description.

5 5. Claims. 6. Set of formal drawings. 7. Assignment document if applicant is different than the inventor. 8. Official certified priority document, including priority number and country of origin. 9. Official search results from the Patent Office where the patent was first filed. Examination Once the application is filed, the application is scrutinised for defence & atomic energy aspects. Examination is also conducted for formality & substantial requirements of the application. Granting: 20 years from the filing date

6 [PCT National Phase Entry] PCT national stage deadline for Luxembourg: - Under PCT Article 22(1): 20 months from the priority date - Under PCT Article 39(1)(a): 30 months from the priority date Language: - French or German Required contents of the translation for entry into the national phase: - Description, - claims (if amended, both as originally filed and as amended, together with any statement under PCT Article 19), - any text matter of drawings, - abstract Is a copy of the international application required? - No Special requirements of the Office: - Name and address of the inventor if they have not been furnished in the Request part of the international application - Deed of assignment of the priority rights where the applicants are not identical - Appointment of an agent if the applicant is not resident in Luxembourg - Translation to be furnished in three copies Granting: - 20 years from the filing date

7 [EP Validation] Terms for patent validation in Luxembourg The period for filing the translation in 3 months after the date on which the mention of the grant or the decision to maintain the patent as amended is published in the European Patent Bulletin. The name and address of the applicant and the number and date of publication of the EP application must be submitted with the translation. Conditions for patent validation in Luxembourg Translation In Luxembourg, no translation of the specification of the European patent needs to be supplied (status: 1 May 2008). Under Article 64(1) EPC, the European patent automatically confers on its proprietor from the date the mention of its grant is published in the European Patent Bulletin, the same rights as would be conferred by a national patent granted in that state. For provisional protection: the translation must be filed in French or German. After grant: no translation is required. Payment of patent validation and national registration fees: There is special fee to be paid, in amount of 14 EUR. Due date for the payment is date on which translation is filed. The translation is not published until the fee has been paid. Effect of the European patent as a national Luxembourg patent Under Article 64(1) EPC, a European patent automatically confers on its proprietor from the date on which the mention of the grant is published in the European Patent Bulletin, in each contracting state in respect of which it is granted, the same rights as would be conferred by a national patent granted in that state. Patent annuities in Luxembourg

8 Due date: last day of the month in which the date of filing occured. Earliest possible date for payment: payment may not be made more than 12 months before due date. Period of grace for payment of fees (with surcharge): 6 months from due date.

9 [Trademark] Types of Marks registrable - Collective marks - Certification marks - Marks for non-commercial purposes - Service marks - Well Known marks Filing Requirements: In order to apply for a trademark in Luxembourg you need to provide Information through our Trademark Registration Order Form; you also need to Demonstrate Use and send us a Power of Attorney. 1. Details of the mark. 2. Power of attorney labels max. 8x8 cm if the mark is with design. 4. Certified copy of the priority document in case priority is to be claimed. 5. Translation of the documents. In the Benelux countries, national registration no longer exists, as the protection covers all three countries (Belgium, Netherlands and Luxembourg). The right to the Benelux trademark is granted upon first registration with the Benelux Office for Intellectual Property. Examination At the outset, the application is examined to ensure compliance with minimal requisites: Clear representation of the trademark on the application. Reference to the name of the applicant to ascertain whether it is a person or a company.

10 Clear description of the goods and services In the case of a collective mark, inclusion of regulations for use and control Publication and Opposition Once the trademark application fulfils all the legal requisites, it is published in the IP journal to which interested third parties may file opposition within stipulated period of time. Provided there is no opposition to the trademark application, the mark is registered and a certificate of registration is issued which will be reflected in the trademark register. Granting: A trademark registration in The Benelux is valid for 10 years from application date. Renewal: The registration is renewable for periods of 10 years.

11 [Design] Filing Requirements: In order to apply and file for a patent Design in Luxembourg you need to provide Patent Design Information, and you need to send to the Attorney the Power of Attorney for Luxembourg and the Assignment Document if required. 1. Name and address of the applicant 2. Name, address and citizenship of the Inventor(s). 3. Invention Title, Abstract of the Design. 4. Design Text Description. 5. Claims. 6. Set of formal drawings. 7. Assignment document if applicant is different than the inventor. 8. Official certified priority document, including priority number and country of origin. 9. Official search results from the Patent Office where the patent was first filed. Designs rights in Luxembourg are administered under the Uniform Benelux Trade Marks Act, which came into force in January 1971 Examination Upon receipt of the application, a formalities check is carried out, to confirm that the following requirements are met: Clear representation of the design Description of the product Proper entry of the name of the applicant Name of the applicant Payment of full fees

12 If these requirements are not met, the application is not admissible. The application date is then set once these requirements are fulfilled. The BOIP conducts a further check to ensure that all the formalities are met. Applicant is informed of any objection or any missing detail, which the applicant has to rectify within the stipulated period of time, failing which the application could be deemed abandoned. Substantive examination regarding novelty feature, individual characteristics and other features are not carried out. Upon the design being approved it is registered and published in the Benelux Industrial Design Gazette. Granting: 15years

13 Should you have any questions or wish to apply, please contact us CONTACT INFORMATION : COMANAS CORP 902, Buysan Digitalvally 7 th, Grodong, Gurogu, Seoul, Republic of Korea TEL: FAX: ipcomanas@gmail.com SITE : Software: