Patents Laws in Luxembourg
Here is a detailed overview of patent laws in Luxembourg:
🇱🇺 Patent Laws in Luxembourg
1. Governing Legislation
Primary Law: The Luxembourg Patent Law of 20 July 1992, as amended.
Regulatory Body: The Intellectual Property Office (Office de la Propriété Intellectuelle, OPI) under the Ministry of the Economy.
Luxembourg is a member of key international and regional patent systems:
European Patent Convention (EPC)
Patent Cooperation Treaty (PCT)
Paris Convention
TRIPS Agreement
2. Types of Patent Protection
Luxembourg offers two main routes for patent protection:
a. National Patents
Filed directly with Luxembourg's Intellectual Property Office.
Valid only in Luxembourg.
b. European Patents
Filed through the European Patent Office (EPO).
After grant, the patent must be validated in Luxembourg to take legal effect there.
Since Luxembourg is a London Agreement signatory, no translation is required if the patent is in English, French, or German.
c. PCT Applications
International applications under the Patent Cooperation Treaty can enter Luxembourg through national or European phase.
3. Patentability Criteria
To be patentable, an invention must be:
Novel: Not publicly disclosed anywhere before the filing.
Inventive: Must not be obvious to someone skilled in the art.
Industrial applicability: Must be usable in any kind of industry.
Not Patentable:
Discoveries, scientific theories, mathematical methods.
Aesthetic creations.
Business methods and software "as such."
Methods of treatment or diagnosis on the human or animal body (products for such use can be patented).
4. Patent Duration
20 years from the filing date.
Subject to annual renewal fees.
5. Application Process
For National Patents:
File with OPI via electronic or paper submission.
Includes a request form, description, claims, drawings (if any), and abstract.
No substantive examination — registration-based system (formalities check only).
For European Patents:
File through EPO, select Luxembourg as a designated state.
Upon grant, validate in Luxembourg within 3 months.
6. Patent Enforcement
Enforcement is through the Luxembourg civil courts.
Patent owners can seek:
Injunctions.
Damages or destruction of infringing goods.
Seizure of infringing items (via customs or court orders).
7. Supplementary Protection Certificates (SPCs)
Available for pharmaceuticals and plant protection products.
Extend patent protection up to 5 additional years beyond the standard 20-year term.
8. Language
Applications must be in French, German, or Luxembourgish.
European patents in English are accepted without translation due to the London Agreement.
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