FAQ

Under the Belgian Code of Economic Law (Articles XI.75/4, XI.75/6, and XI.75/11) and the Ministerial Decree of 27 January 2022, all ordinary members must obtain at least 16 training points per year through recognised training activities.

Members must keep an annual record of the training activities they have completed. This record must be retained for at least five years. The President of the Institute may request access as part of a random audit.

Supporting documents such as course programmes, presentations, or certificates are required. For online training, proof must be provided that the entire session was completed.

A wide range of activities are accepted, provided they have a direct or indirect link with Belgian patent law or the professional practice of a patent attorney. Examples include:

– National and international IP law
– EPO, PCT, UPC, TRIPS, etc.
– Representation before Belgian courts and the UPC
– Training of experts in patent matters

• General Assembly: 2 points

• Seminars: 1 point per hour (max. 6 per day)

• Teaching: 2 points per hour (as lecturer or speaker)

• Publications: 1 point per 500 words

• Pure literature study without context

• Technical training without IP relevance

• Rules or training unrelated to intellectual property

The Institute provides a form from the Training Committee. An online registration platform is under development. For questions : info@belgiumpatent.be

To become a member, you must fulfil the legal conditions, including:

• Recognition as a patent attorney under the Royal Decree of 30 September 2020

• For Belgian attorneys: compliance with the national admission criteria

• For European attorneys: registration on the list referred to in Article 134 EPC

Your application file must generally include:

• Your personal identification details

• Proof of recognition or registration as a patent attorney

• Proof of insurance coverage in line with legal requirements

• If applicable: evidence of knowledge of Belgian regulations or language requirements

➡️ Contact : info@belgiumpatent.be

• The Council of the Institute will verify whether your file is complete and compliant

• If approved, your name will be entered in the membership register

• You will receive official confirmation of your registration

Once registered, you receive:

• Access to member information, voting rights, and obligations

• The duty to notify the Institute of any changes (employer, insurance, etc.)

• Payment of the annual membership fee
  

  Your membership of the Institute of Patent Attorneys	€ 250,00
  	Your membership as a European Patent Attorney acting in Belgium without being an ordinary or temporary member of the Institute, with a valid registration with the DIE as a service provider in accordance with Article 64/4 RER – €125.00
  	Your membership as a trainee as provided for in Article 14, paragraph 1, of the Royal Decree of 30 September 2020 on representation in patent matters – €62.50

• Participation in mandatory continuing professional training

• Maintenance of valid professional liability insurance

Since the creation of the Belgian Institute of Patent Attorneys, patent attorneys may be heard before Belgian courts and tribunals, but only at the express request of the party or their lawyer. This must be requested in the brief(s) filed in the case.

• Members of the Institute of Patent Attorneys

• Patent attorneys who are registered both on the list of authorised representatives before the European Patent Office (Article 134 EPC) and on the list referred to in Article 48(3) of the Unified Patent Court Agreement

The right of audience is limited to:

• Factual matters

• Technical considerations

• Legal issues relating to patent law
  

The lawyer remains responsible for the conduct of the proceedings. Patent attorneys may not plead or file submissions themselves.

Communication between a patent attorney and their client is confidential and protected. No one may disclose or be compelled to disclose such communication, unless the client explicitly waives this right.

• Opinions on the patentability of an invention

• Preparation of a Belgian or international patent application

• Advice on the validity, scope of protection, or infringement of a Belgian or European patent

Yes. This privilege is expressly enshrined in the Belgian Code of Economic Law and the Penal Code (Article 458). Patent attorneys and their staff are explicitly bound by professional secrecy.

Since April 1st, 2024, it is prohibited to use the title “mandataire en brevets,” “octrooigemachtigde,” or “Patentanwalt” without being a member of the Belgian Institute of Patent Attorneys. This measure strengthens the legal certainty of the Belgian patent system.

Yes. Only persons entered on the official list of authorised representatives before the European Patent Office (Article 134 EPC) may use the title “European Patent Attorney” or “mandataire en brevets européens.”

• Legally protected title

• Right to act in patent proceedings

• Professional secrecy and confidentiality

• Right of audience and privilege

• Rules of professional conduct

• Continuing professional training

• Duty of confidentiality

• Mandatory professional liability insurance

• A fine from €208 to €40,000 (multiplied by statutory surcharges)

• Or 4% of the annual turnover if this amount is higher

Report it to the Institute, which may take appropriate legal action.