National measures relating to the Unitary Patent, III. Simultaneous Protection, Belgium
III. Simultaneous Protection
| Participating Member State | Belgium |
|---|---|
1Simultaneous protection possible between a Unitary Patent and a national patent |
No |
2Simultaneous protection possible between a classic European patent and a national Patent |
No |
3Description |
In Belgium, according to Article XI.86 CEL, no simultaneous protection is allowed between a European patent - with or without unitary effect - and a national patent. For reasons related to the temporal scope of the relevant patent legislation, similar provisions are contained in previous legislation, namely Article 5 of the Law of 21 April 2007 and Article 7 of the Law of 8 July 1977. The wording of the provisions makes no difference between a classic European patent and a European patent with unitary effect. Moreover, as mentioned before, simultaneous protection for the same invention between a Unitary Patent and a national protection stemming from a classical European patent is not allowed. This exclusion is implemented in Article XI.83, § 5 CEL. |