How is a patent obtained?

To obtain a patent, a formal application needs to be filed with the national qualified authority. In Belgium, this is the Belgian Intellectual Property Office (“IPObel“) which is under the jurisdiction of the Ministry of Economic Affairs. In The Netherlands, this is the Netherlands Patent Office (“Octrooicentrum Nederland”) in The Hague. For European applications it is the European Patent Office, with branches in The Hague or in Munich . For International applications (PCT), the patent application can be filed at the EPO, also with the International Bureau in Geneva.

Depending on regional patent legislation, a more or less extensive examination for the patentability of the invention is performed by the patent office where the application is filed. Novelty, inventiveness and industrial applicability are assessed. Also it is considered whether the invention is described sufficiently such that it can be repeated and whether  the breadth of the claims is justified.

Once the examination is finalized, a patent will be granted.

Follow us on Instagram