Luxembourg
Luxembourg

How to Renew a Patent in Luxembourg?

Renew a Luxembourg patent validated through the European Patent Office (EPO):

During the application process renewal fees must be paid 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 Luxembourg, the renewal fee is paid to the Ministère de l’Economie, Office de la propriété intellectuelle. The rules that apply to a national Luxembourg patent also apply to an EP patent in Luxembourg. 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 Luxembourg Patent Office.

Renew a national patent with the Luxembourg Patent Office:

In order to maintain a patent application in Luxembourg, a renewal fee must be paid to the Ministère de l’Economie, Office de la propriété intellectuelle on an annual basis. This applies even if your application is still being processed and patents have not yet been granted. The first and second annual payments are free of charge. After this you are obliged to pay a recurring renewal fee to the Ministère de l’Economie, Office de la propriété intellectuelle to maintain the patent.

Renewal fees in Luxembourg are always due on the last day of the month, on which the original filing date of the application falls. The due date should be the month and day corresponding to 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 from 2019-06-15 onwards.

Renewal Fees by Intellectual Property Type

In Luxembourg, there is another type of intellectual property called designs. At PatentRenewal.com, we have all the necessary tools and procedures to ensure that both patents and designs can be renewed through us.

Intellectual Property Type #1 - Industrial Designs

A Luxembourg design right is valid for 25 years from the filing date. Initially, a Luxembourg design is protected for 5 years. In order to maintain protection beyond the initial 5-year period,  it can be renewed every five years up to a maximum of four renewals. Renewal fees are required with each registered design, even if these are designs of multiple applications. If the requested maintenance fees are not settled by the due date, an additional 6-month grace period will be applied in order for the settlement to take place. If a patent enters the 6-month grace period, an increase to the original renewal fees will be applied.

Written and edited by the PatentRenewal.com team
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Patent Renewal Fee Intervals in Luxembourg

Starting from the 2nd anniversary of the filing date, patent renewal fees need to be paid annually to maintain a patent. For further clarification, please refer to the cost breakdown below.

Patent Year Official renewal fee for patent (EUR)
1
2
3 33
4 41
5 52
6 66
7 82
8 99
9 115
10 131
11 148
12 165
13 180
14 198
15 213
16 230
17 246
18 262
19 281
20 300
Patent Year
Official renewal fee for patent (EUR)
3
490
4
610
5
1090
6
1210
7
1330
8
1450
9
1640
10
1640
11
1640
12
1640
13
1640
14
1640
15
1640
16
1640
17
1640
18
1640
19
1640
20
1640

Luxembourg Patent Renewal Fees FAQ

When is the first patent renewal fee due in Luxembourg?
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National patent: The first renewal fee of a patent application is due at the beginning of the third payment year 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.

Luxembourg 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 Luxembourg, the renewal fee is paid to the Ministère de l’Economie, Office de la propriété intellectuelle.

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 Luxembourg Patent Office.

What happens to a Luxembourg patent before it has been granted?
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National patent: Prior to the grant, the Luxembourg patent application is in its filing stage. You will have to pay the renewal fee to the Luxembourg patent office irrespective of whether the patent has been granted or not. The first renewal fee of a patent application is due on the third anniversary of the filing date.

Luxembourg 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 Luxembourg, the renewal fee is thereafter paid to the Ministère de l’Economie, Office de la propriété intellectuelle.

What are the due dates and payment windows?
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National patent: The payment window in Luxembourg opens 12 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 Luxembourg. ‍

‍For example, if the 10th renewal fee of a patent falls due on 2021-07-31, the payment window to pay the renewal fee will open on 2020-08-01.

Can I renew a patent after I miss a renewal deadline?
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National patent: Yes, it is possible to renew a Luxembourg patent after its deadline. If you fail to pay the renewal fee in due time, a grace period of 6 months is given whereby the renewal fees can still be settled. However, when entering the grace period you will incur an increase of 20.00 EUR to the original renewal fees. If you wish to maintain the patent, the (new) total renewal fee will have to be settled.

For example, if a patent’s renewal due is 2021-05-30, and the due date is missed, the patent will enter the grace period from 2021-06-01. The new total will need to be settled within the 6-month grace period, and will be due by 2021-11-30. Failure to pay this fee within the grace period, will result in the patent being lapsed.

Luxembourg patent validated through the European Patent Office (EPO): The same rule which applies to a national Luxembourg patent for missing a renewal deadline also applies to an EP patent in Luxembourg.

Do I need assistance from the local council?
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National patent: It is not mandatory to make use of a local agent or representative when renewing a patent in Luxembourg. You can simply pay the fees by bank transfer or via a deposit account. This rule is applicable to both national patents as well as to an EP patent in Luxembourg.

How long do patents last in Luxembourg?
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In order to maintain a Luxembourg patent, renewal fees need to be settled annually with the Luxembourg 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 Luxembourg.

How can I contact the Luxembourg Patent Office?

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You can get in touch with Ministère de l’Economie, Office de la propriété intellectuelle via email or phone:

Email:  info@ipil.lu

Phone: +352 247 80210

For more information on the renewal process in Luxembourg, visit the link to their official website. You can search for Luxembourg patents here.

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