Are you an inventor?
Would you like to protect your invention with a patent in Belgium or abroad?
Would you like to know whether patent protection is worthwhile for you, and how you can protect your invention in the best way?
Seek advice from a patent attorney. A patent attorney is the person who is most familiar with the ins and outs of the patent procedures and who can assist you through every step of the process.
Patent, design, or trademark
Not all creations can be protected by a patent. A patent protects inventions (product, machine, or method) that have a technical character, provided they meet the patentability requirements: novelty, inventive step and industrial applicability.
New plant varieties can be protected by plant breeders’ rights.
A design registration protects the shape of a product, provided the shape does not have any technical character.
You can register a name or logo as a trademark. There are various types of trademarks, such as a word mark (name), a figurative mark (logo), a shape mark, a colour mark, a sound mark, etc.
The collective term for all types of creations that can be protected is called intellectual property. An overview of intellectual property rights can be found here:
Seek advice from a patent attorney
With an intellectual property right, such as a patent, you can prevent others from using that right without your permission. This could give you a competitive advantage. You could also grant licenses to others and generate income from your intellectual property rights.
Consult a patent attorney, the professional who can answer questions such as:
- What protection is available for my invention or creation?
- Does it make sense to apply for a patent, and where should I file?
- What should I do if I notice someone is copying my invention?
- How can I avoid infringing someone else’s patent?
- Is someone else’s patent valid, and what exactly does it protect?
Furthermore, a patent attorney ensures that your patent application meets the necessary requirements, and that pitfalls in the process are avoided. Even after you have obtained a patent, a patent attorney continues to provide useful advice on strategic choices during the patent term, such as maintaining the patent and warding off infringement or counterfeiting.
Useful links
- Overview of patent regulations in Belgium
Patent Law - An overview of intellectual property rights can be found here, as provided by the Belgian Intellectual Propery Office:
https://economie.fgov.be/en/themes/intellectual-property/intellectual-property-rights - Brochure “The protection of an invention with a patent: strategic choice” published by the Belgian Intellectual Property Office:
https://economie.fgov.be/sites/default/files/Files/Publications/files/The-protection-of-an-invention-with-a-patent.pdf - Brochure “How to protect a design” published by the Belgian Intellectual Property Office:
https://economie.fgov.be/sites/default/files/Files/Publications/files/Fiche-IPRO-drawing-or-design.pdf - Brochure “How to protect a trademark” published by the Belgian Intellectual Property Office:
https://economie.fgov.be/sites/default/files/Files/Publications/files/Fiche-IPRO-trademarks.pdf - Brochure “The protection of an invention with a patent: strategic choice” published by the Belgian Intellectual Property Office:
https://economie.fgov.be/sites/default/files/Files/Publications/files/The-protection-of-an-invention-with-a-patent.pdf - Create Protect Benefit, a collaboration between BOIP, FPS Economy, the Netherlands Patent Office, VLAIO and WE:
https://www.createprotectbenefit.com/be-en/