Luxembourg's current patent system is mainly protected by laws such as the “Treaty on the Ratification of Intellectual Property Rights (Trademarks and Industrial Designs) of the Netherlands Belgium Union” and the “Patent Law”. The patents of Luxembourg are classified into invention patents and designs. Among them, the protection period of the invention patent is 20 years, and the protection period of the invention patent without novelty examination is 6 years; The design protection period is 5 years, which can be renewed for 4 times, each time for 5 years, and the maximum protection period is 25 years. The languages accepted in Luxembourg patent applications are Luxembourg, German and French.

I. Luxembourg patent application and examination system

1. Inventions in Luxembourg

The application process of invention patents in Luxembourg is basically the same as that in China: patent application, formal examination, early publication, optional novelty examination and patent authorization. The difference is that the Luxembourg patent application shall be published early after 18 months from the date of application, or in advance upon the request of the applicant, but not earlier than two months from the date of Luxembourg patent application; The applicant may request novelty examination within 18 months after submitting the Luxembourg patent application, and the examination report will be issued within 9 months. The applicant may modify the description according to the results of the examination report; The protection period of an invention patent without novelty examination is 6 years.

2. Design in Luxembourg

Design patents in Luxembourg are registered and protected by the Benelux Office of Intellectual Property (BOIP). Design patents approved by BOIP will automatically take effect in the country. BOIP does not conduct substantive examination of design patents, but only formal examination, and examines whether they violate public policies and social ethics.

II. Luxembourg Patent Application Channels

1. Invention Patents in Luxembourg

There are two channels for Chinese applicants to apply for patent protection grant in Luxembourg, including four ways below:

(1)  PCT way;

PCT national application;

PCT designates EPO to designate a certain country.

(2) Paris Convention channel

National application;

 Apply to EPO for patent protection grant to designate a certain country.

2. Design patent in Luxembourg

There are three ways to apply for Luxembourg design patent in China:

(1) Paris Convention channel: National Application

(2) OHIM channel: Registered Community Design (RCD)

(3) BOIP application channel.