Luxembourg short-term patent

How to file a Luxembourg short-term:

1. Register or login
2. Complete the online application form
3. Upload documents
4. Pay US$353 filing fee (for convention patents, optionally an additional $57 early publication fee)

No documents need to be commissioned, notarized or legalised.

No original documents need to be couriered to us.

Costs:

• Filing: US$353 (inclusive of: 40 Euro in official fees)
• Early publication (convention patent): US$57 (i.e. Euro 49 in official fees)
• Postage: no additional charge

Deadline:

• Luxembourg national phase patent filing deadline: 20 months from the PCT priority date / filing date (unless PCT Chapter II is requested, then the deadline is extended to 30 months).
• Luxembourg convention patent filing deadline: 12 months from the priority date.

Filing receipt and number:

We will email you a filing receipt and application number within a business day of filing.

Prosecution:

• No substantive examination
• Registration typically takes: 2-3 months of publication of the PCT patent for a Luxembourg national phase patent; or 7 months of filing for a Luxembourg convention patent (if early publication is requested), whereupon we will send you a scanned copy of the registration certificate
• Status updates are sent by email
• Manage and track prosecution via your online portfolio
• Postage of the paper registration certificate

Timelines:

• Filing: within 2-3 business days of payment
• Receipt of registration certificate:
  • Luxembourg national phase patent: within 2-3 months of publication of the PCT patent.
  • Luxembourg convention patent: 7 months of filing (if early publication is requested).

Examination, novelty and inventiveness:

Luxembourg short-term patents undergo formal examination only and are not subject to substantive examination.

For enforcement, normal patent novelty and inventiveness tests apply.

Specification requirements:

General:

• Specification must be in English.
• German / French translation of the claims.
• Do not use brand names / trademarks in the title or specification.
• Use typed text. No handwriting.
• Margins: upper 2.5cm, left 2.5cm, right 2cm, bottom 2cm.

Claims:

• Each application may cover only one invention.
• Multiple claim dependency is allowed.
• Several independent claims may be included in the application.
• Use SI units (e.g., "m" for meter; do not use foot or inch).

Drawings:

• Must be in black and white (grey is allowed), no colour.
• Add reference numerals to drawings (referenced in description and claims).
• Drawing numbers and reference numbers in drawings must be at least 0.21cm high.
• Do not use text in the drawings apart from reference numbers, flow charts and figure numbers (e.g. "Fig. 1").

Language:

Luxembourg short-term patents must be in English. A French / German translation of the claims is required on filing.

Priority:

For Luxembourg national phase patents, no priority document is required, if previously provided to WIPO.

For Luxembourg convention patents, a certified copy of the priority document is required. If not in English, an English translation of the priority document certificate page must be uploaded.

Inventors:

The name and country of each inventor must be provided.

Amendments:

Luxembourg short-term patents may be amended on filing. Changes to the applicant may also be made on filing.

If claims are cancelled, the numbering must be adjusted to avoid a gap in the numbering (e.g., if claim 8 is cancelled, then claim 9 must be renamed to be claim 8).

Article 19 and 34 amendments made during the PCT phase will flow into the Luxembourg short-term patent. However:

• the original PCT claims (in English);
• clean and marked-up versions of the Article 19 and/or 34 amended claims (in English); and
• a French/German translation of the Article 19 and/or 34 amendments (clean version),

will need to be uploaded.

Cost to submit an amendment on filing: $0

Cost to change applicant and/or inventor names on filing: $80

Upgrade to a standard term patent:

Upload the PCT search report and an English translation thereof to increase the patent term to 20 years.

Renewals:

Luxembourg short-term patents must be renewed on the 2nd anniversary of the PCT filing date / Luxembourg patent filing date (earliest of) at a cost of $80 (if renewed on filing), and annually thereafter.

Renewals may be late-paid during the 6-month grace period (on payment of a penalty).

Renewals can be processed up to 6 months before the due date using the PayAnnuity patent renewal system.

Luxembourg short-term patents expire on the 6th anniversary of the PCT filing date / Luxembourg patent filing date (earliest of).

Rights:

Luxembourg short-term patents grant the same rights as Luxembourg long-term patents (e.g. exclusive right to make, use and sell).

Our Luxembourg agent:

Our Luxembourg agent for Luxembourg short-term patents is Prisma IP (Munich).

How to file a Luxembourg short-term patent