Contracting state

Belgium

Legal basis for levying renewal fees

 

Art. 3 Sect. 3 Law of 21.4.07 and
Art. 8 RD of 5.12.07**
Art. 5 Sect. 3, Law of 8.7.77 and
Art. 9 RD of 27.2.81***
Art. XI.83(4) ELC****
Art. 9 RD of 12.5.15****
Art. 1 RD of 9.11.15

Enquiries re renewal fees:

Tel. +32 2 2775296
Fax +32 2 2775262

1

Amount of fees

(plus any charges levied by banks)

 

Year

EUR

Year

EUR

3rd

40

12th

240

4th

55

13th

275

5th

75

14th

320

6th

95

15th

360

7th

110

16th

400

8th

135

17th

450

9th

165

18th

500

10th

185

19th

555

11th

215

20th

600


Art. XI.48 ELC
Art. 1 RD of 9.11.15

2

(a) Due date (in the patent year concerned)

(b) Time limit for payment (without surcharge)*

(c) Earliest possible date for payment

 

(a) Last day of the month in which the date of filing of the application for a European patent not having unitary effect occurred

(b) As of 22 September 2014, there is no period for payment without a surcharge. A surcharge is payable if the renewal fee is paid late.

(c) Payment may not be made more than 6 months before the fee due date.


Art. XI.48 ELC
Art. 8 RD of 5.12.07**
Art. 9 RD of 27.2.81***
Art. 9 RD of 12.5.15****

3

Period of grace for payment of fees (with surcharge)

(a) duration

(b) surcharge

 

(a) If the renewal fee is not paid in time, it can still be paid, subject to a surcharge, within a grace period of 6 months from the original due date

(b) 3rd-10th year: EUR 85

11th-20th year: EUR 230


Art. XI.48(1), subpara. 4, ELC
Art. 1 RD of 9.11.15

4

Communication of a reminder in cases of non-payment

(a) provided for?

(b) date of despatch

 

(a) No

(b) n/a

5

Restitutio in integrum

(a) provided for?

(b) time limit for submitting application

 

(a) Yes

(b) With effect from the entry into force of the ELC provisions on patents, the specific procedure under Art. 40 of the Law of 28.3.1984 for re-establishing rights lost owing to late payment of fees has been replaced by a general re-establishment procedure under Art. XI.77 ELC. This general procedure applies to European patents granted prior to the ELC's entry into force (Article 35(3) Law of 19.4.2014).

The period for filing a request for re-establishment of rights is whichever of the following two expires earlier:

- 2 months from the date of the removal of the cause of failure to comply with the time limit for the action in question

- 12 months from the date of expiry of the grace period under Art. XI.48(1), subpara. 4, ELC (i.e. 6 months from the due date of the renewal fee).

The renewal fee must be paid within the applicable period for filing the request for re-establish­ment of rights. The request must give the reasons for failing to meet the deadline (due caretest applied) and the supporting evidence must be produced within 2 months of the date of filing the request. A EUR 350 re-establish­ment fee is also payable.

If the request is granted, the legal consequences of the failure to observe the time limit will be deemed not to have ensued. The decision as to whether to grant or refuse the request will be entered in the register. If the request is granted, any renewal fee would have fallen due in the period from the date of the loss of rights up to and including the date on which the decision to re-establish rights is entered in the register, must be paid within 4 months of the latter date.


Art. XI.77 ELC
Art. 27a RD of 2.12.86

6

Appointment of a national professional representative for

(a) payment of fees

(b) communication of a reminder of non-payment

(c) proceedings in respect of restitutio in integrum

 

(a) No, any person can pay renewal fees.

(b) n/a

(c) see table III.B, section 1


Art. XI.62(4) ELC

7

Information regarding lapse of patent in cases of non-payment of renewal fees

 

Confirmation of non-payment on request

Entry in the patent register


Art. XI.48(2) ELC

* For first renewal fee to be paid, see Art. 141(2) EPC.

** European patents for which the application was filed between 13 December 2007 and 21 September 2014.

*** European patents for which the application was filed before 13 December 2007.

**** European patents for which the application was filed after 22 September 2014.

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