Last Updated April 16, 2019

Law and Practice

Contributed By Linklaters

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Linklaters is a leading international law firm, and has advised on significant deals in over 100 countries. In addition to serving clients from its 30 offices and via its alliance with Allens and Webber Wentzel, Linklaters’ lawyers have expertise in key jurisdictions across emerging Europe, the Middle East, Asia and Africa. In Belgium, Linklaters is recognised as a market-leading law firm, with a presence in the Belgian market dating from 1969 and with offices in both Brussels and Antwerp. Its wide offering of specialised practices, ranging from corporate and banking to IP/TMT and tax, means that the firm provides market-leading advice across the full spectrum of legal specialities.

The assignment of a Belgian patent or patent application should take place in writing, on penalty of being null and void. In order to invoke the assignment vis-à-vis third parties, such assignment should be recorded in the patent registry of OPRI, and supporting evidence should be filed (full agreement or short-form confirmatory agreement).

The assignment of European patent applications can be recorded with the EPO, provided that the relevant party files a written request together with supporting evidence (full agreement or short-form confirmatory agreement), and that an administrative fee of EUR 100 per patent application is paid.

See 10.1 Requirements or Restrictions for Assignment of Intellectual Property Rights, with respect to assignment requirements.

The grant of a licence to use (fully or partially) a Belgian patent or patent application should take place in writing, on penalty of being null and void. Such a licence may relate to Belgium as a whole or only part of it, and can be exclusive or non-exclusive. To invoke the licence vis-à-vis third parties, the licence should be recorded in the patent registry of OPRI, and supporting evidence should be filed (full agreement or short-form confirmatory agreement).

The licence over a European patent application can be recorded centrally with the EPO up until the day before the publication of the grant in the European Patent Bulletin, provided that a written request is filed together with supporting evidence (full agreement or short-form confirmatory agreement), and that an administrative fee of EUR100 per European patent application is paid. After publication of the grant of the European patent, recordal of the licence is only possible with each of the relevant national offices designated in that patent.

See 10.3 Requirements for Restrictions to License an Intellectual Property Right, with respect to licensing requirements.

Linklaters

13 Rue Brederode
Brussels
1000

+32 2 501 90 86

+32 2 501 91 14

pieter.van_den_broecke@linklaters.com www.linklaters.com
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Authors



Linklaters is a leading international law firm, and has advised on significant deals in over 100 countries. In addition to serving clients from its 30 offices and via its alliance with Allens and Webber Wentzel, Linklaters’ lawyers have expertise in key jurisdictions across emerging Europe, the Middle East, Asia and Africa. In Belgium, Linklaters is recognised as a market-leading law firm, with a presence in the Belgian market dating from 1969 and with offices in both Brussels and Antwerp. Its wide offering of specialised practices, ranging from corporate and banking to IP/TMT and tax, means that the firm provides market-leading advice across the full spectrum of legal specialities.

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