Belgium belongs to the following patent-related international treaties:

• Paris Convention
• Patent Cooperation Treaty ("PCT")
• TRIPS
• Strasbourg Agreement on the International Patent Classification ("IPC") system
• Patent Law Treaty ("PLT")
• Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure
• European Patent Convention ("EPC")
• Other: UPOV

Inventions protections available in Belgium include:

• Inventions

The following subject matter is excluded from patent protection in Belgium:

• Methods of medical treatment or diagnosis
• Computer programs
• Business methods
• Other: In addition to the above, the following does not qualify as invention (Article XI.4 Belgian Code of Economic Law (“CEL”)):
  • discoveries as well as scientific theories and mathematical methods;
  • aesthetic creations;
  • plans, principles and methods in the exercise of intellectual activities, in the field of a game or in the field of economic activities;
  • presentations of information.
    Moreover, the following is in principle not patentable (Art. XI.5 CEL):
  • plant varieties and animal breeds;
  • essentially biological processes for obtaining plants or animals;
  • plants or animals exclusively obtained by the processes referred to above, including parts of such plants or animals constituting reproductive material;
  • inventions of which  the commercial exploitation would be contrary to public policy or morality;
  • the human body;
  • methods of surgical or therapeutic treatment of the human or animal body and diagnostic methods applied to the human or animal body.

Documents and information required for filing a national patent application in Belgium include:

• Name and address of the applicant(s)
• Name and address of the inventor(s)
• Specification (description, claims and drawings)
• Abstract
• Other: A request for the grant of a patent must also be addressed to the Belgian Minister of the Economy (Art XI.16 CEL).

Yes, early publication of a patent is possible and can be requested when filing the application. The exact moment of the early publication cannot be determined in advance, since it will depend on the availability of the search report of the EPO. No deferment of publication is possible (Art.XI.24 CEL).

Yes, the applicant has a provisional right upon publication of an application in Belgium. Reasonable compensation can be claimed for the use of an invention that has been made as of the publication of an application (or notification to a third party) and the grant of the patent upon the condition that such use is not authorized by the patent that got granted (Art. XI.35 CEL).

It is possible to file voluntary amendments in Belgium at the following times:

• Other: Amendments can be made within four months after notification by the OPRI of the research report and the written opinion. However, the amended claims shall not relate to elements that have not been the subject of the research report and that are not linked by a single innovative concept to the initially claimed (group of) invention(s) (XI.23 CEL and 25 Royal Decree of 2 December 1986 on the application, grant and maintenance of patents for inventions).

Not applicable. 

No, there is not a third-party opposition procedure upon publication or after grant in Belgium.

The time period from application to grant in Belgium is as soon as possible, after 18 months from the application or priority date (Art. XI.24 CEL).

No, there is no process for accelerated examination of an application in Belgium. 

Yes, it is required to pay an annuity to maintain the validity of a patent in Belgium. Accelerated prosecution can be requested when filling the application. The exact moment of the early publication cannot be determined in advance, since it will depend on the search report of the EPO. Belgian patents are granted without prior examination of the patentability of the inventions. The written opinion of the EPO is not binding on the OPRI and does not constitute an examination of the patentability of the invention (Art XI 24 CEL).

Yes, late payment of an annuity is permissible, with a surcharge an annuity can still be paid within a grace period of six months from the due date of the annual fee (Art. XI.48 CEL).

Available enforcement methods in Belgium include:

• Civil enforcement
• Criminal enforcement
• Border measures

Belgian patents are granted without prior examination of the patentability of the inventions. The written opinion of the EPO is not binding on the OPRI and does not constitute an examination of the patentability of the invention. The research and the written opinion of the EPO do not grant a guarantee regarding the validity of the patent. Even if the conditions of patentability are not met pursuant to these documents, a Belgian patent can still be granted if all administrative formalities have been conducted. The validity of a Belgian patent will therefore only be confirmed or denied by Belgian Courts in legal proceedings.