Contributed By Linklaters
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.