Renew a Belgian patent validated through the European Patent Office (EPO):
If your patent is a European patent that was granted by the European Patent Office and then validated in Belgium, you can maintain the patent by paying an annual maintenance fee to the EPO. The first renewal fee of a patent application is due on the second anniversary of the patent's filing date and thereafter, renewal fees are due on an annual basis. Once a patent is granted by the EPO and validated in Belgium, the renewal fee is paid to the Belgian Patent Office also known as Belgian Office for Intellectual Property (OPRI). The rules that apply to a national Belgian patent also apply to an EP patent in Belgium. For more information on renewal fees related to the EPO, please visit another one of our articles at this link, here.
For example, if the filing date of a patent is 2017-06-15, and the grant date is 2023-04-25, you will have to settle the renewal fee with the EPO starting from 2019-06-30 onwards until 2022-06-30. From the year 2023 onwards, you will have to settle the renewal fee with the Belgian Patent Office.
Renew a national patent with the Belgian Patent Office:
In order to maintain a patent application in Belgium, a renewal fee must be paid to the Belgian Office for Intellectual Property (OPRI) on an annual basis. The renewal fee of a patent application for the first time is due at the beginning of the third payment year (second anniversary) from the filing date. The renewal fees in Belgium are always due on the last day of the month, in which the original filing date of the application falls.
For example, if the filing date of a patent is 2017-06-15, you will only have to settle the renewal fee on the last day of June starting from 2019-06-30 onwards.
In Belgium, there is another other type of intellectual property called designs. At PatentRenewal.com, we have all the necessary tools and procedures to ensure that they can be renewed through us.
Intellectual Property Type #1 - Designs
A Belgian design right in Belgium is valid for 25 years, from the filing date. Initially, a Belgian design is protected for 5 years after which it can be renewed every five years up to a maximum of four renewals through the Benelux Office for Intellectual Property (BOIP). Renewal fees are required with each registered design, even if these are designs of multiple applications. If the renewal fee is not paid by the due date, You can make a ‘late renewal’ up to 6 months after the renewal date by paying a higher fee.
The patent renewal fees of a patent application is due at the beginning of the third payment year from the filing date. For further clarification, please refer to the breakdown below.
National patent: The first renewal fee of a patent application is due at the beginning of the third payment year (second anniversary) from the filing date.
For example, if the filing date of a patent is 2017-06-15, you will only have to settle the renewal fee on the last day of June starting from 2019-06-30 onwards.
Belgian patent validated through the European Patent Office (EPO): The first renewal fee of a patent application is due on the second anniversary of the patent's filing date, and thereafter, renewal fees are due on an annual basis. Once a patent is granted by the EPO and validated in Belgium, the renewal fee is paid to the Belgian Office for Intellectual Property (OPRI).
For example, if the filing date of a patent is 2017-06-15, and the grant date is 2023-04-25, you will have to settle the renewal fee with the EPO starting from 2019-06-30 onwards until 2022-06-30. From 2023 onwards, you will have to settle the renewal fee with the Belgian Patent Office.
National patent: Prior to the grant, a Belgian patent application is in its filing stage. You will have to pay the renewal fee to the Belgian patent office irrespective of whether the patent has been granted or not. The first renewal fee of a patent application is due on the second anniversary of the filing date.
Belgian patent validated through the European Patent Office (EPO): Prior to the grant, the patent application is in its filing stage with the EPO. You can only begin paying the renewal fees to the EPO from the second anniversary of the patent's filing date, and thereafter, renewal fees are due on an annual basis. However, once the patent has been granted and validated in Belgium, the renewal fee is thereafter paid to the Belgian Office for Intellectual Property (OPRI).
National patent: The payment window in Belgium opens six months before the renewal fees are due. It is important to note that the renewal fees cannot be settled prior to this window opening. This rule is applicable to both national patents as well as to an EP patent in Belgium.
For example, if the renewal due date of a patent is 2017-07-30, you will only have to settle the renewal fee starting from 2017-01-30 onwards.
Yes, it is possible to renew a Belgian patent after its deadline. If you fail to pay the renewal fee in due time, a 6-month grace period is given whereby the renewal fees can still be settled. However, when entering the grace period you will incur an increase of 85 EUR in addition to the original renewal fees for renewal years 3 to 10 and an increase of 230 EUR in addition to the original renewal fees for renewal years 11 to 20. If you wish to maintain the patent, the (new) total renewal fee will have to be settled.
Belgian patent validated through the European Patent Office (EPO):The patent for missing a renewal deadline follows the same rules as for national patents.
It is not mandatory to make use of a local agent or representative when renewing a patent in Belgium. If you choose not to, you can simply pay the fees by deposit or transfer to the bank account to the Belgian Office for Intellectual Property (OPRI).
In order to maintain a Belgian patent, renewal fees need to be settled annually with the Belgian Patent Office. By settling the renewal fees, the patent is guaranteed to last for a maximum of 20 years from the filing date. This rule is applicable to both national patents as well as to an EP patent in Belgium.
