A Basis For Optimizing Search Fees In Europe

When looking for safe and effective means to reduce costs for obtaining patent rights in Europe, applicants should consider the following aspects:

A Search Report with a Written Opinion prepared by the European Patent Office (EPO) can be obtained through a Luxembourgish patent application, and The EPO partly or fully refunds its search fees if in a subsequent European Patent Application or PCT application (ISA = EPO) the priority of an earlier Luxembourgish patent application with this Search Report available is claimed. 1. Timing

Generally, it takes about six to nine months after filing date and completion of all formalities to receive a Search Report prepared by the EPO on behalf of the Luxembourgish Patent Office. As usual, such Search Report is accompanied by the searching examiner's Written Opinion provided in the language of the proceedings.

To make use of the refund option, the Search Report must be available when filing a subsequent application, no later than 12 months from the underlying priority date.

Note that the Luxembourgish patent application does not necessarily need to be the priority application of the future patent family. It can of course be filed shortly after any (legally required under some national patent laws, e.g. in USA and France) national base application claiming the priority of such base application.

Considering the EPO's time frame for preparation of the Search Report, it is necessary to file the Luxembourgish patent application as soon as possible, ideally in the first month after filing the national base application.

  1. Formalities

    There are only few formalities to be fulfilled to bring a patent application validly on file in Luxembourg. Necessary fees need to be paid and translations are to be filed, if needed.

    For filing, neither a Power of Attorney nor an assignment or any notarized documents are required. As Luxembourg does not provide for a substantive examination, a patent certificate is automatically issued after about 18 months as of the filing date.

    Language Regime

    Most importantly, Luxembourg accepts any of the official languages of the European Patent Office (English, French and German) as drafting language of a Luxembourgish patent application, with the formal requirement that the claims shall be available in German or French.

    In case the application is filed in English, for the purpose of obtaining an English language Search Report, the quality of the claim translations in German or French...

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