A patent protection is possible for a technical creation if it meets certain “patentability” conditions. A patent confers an exclusive right of exploitation to its holder/holders or to their successors in title. It can be a product, a process or a device (new technologies, pharmaceuticals, cosmetics, etc.). The creation must be a real invention, new, inventive and capable of industrial application . To be registered, the patent application file must be very detailed and solid : it must be demonstrated that the patentability conditions are met.
Are you looking for a Patent Lawyer in Luxembourg ? Valette Bove Law Firm is the intellectual property law firm in Luxembourg that suits you.
We offer a legal service of advice, assistance and representation for all your projects and procedures, in patent law, more specifically in the following areas:
1. Patent Registration Process
At the international level, the patent for invention is administered by the Patent Cooperation Treaty (PCT). At European level, it is possible to file a patent application with the European Patent Office (EPO), which will be responsible for transmitting the application to each Member State via the European Patent Convention (EPC). Thus, the "European patent" issued constitutes a "bundle" of individual national patents, to be validated by each Member State. In Luxembourg, it is the Ministry of the Economy that receives such requests.
We offer a legal service for the patent registration procedure, at national, European and international level:
- Procedure for filing a patent application in Luxembourg
- Procedure for filing an application for european invention patent
- Procedure for filing a patent application for invention at the international level (PCT) (English initials of the Patent Cooperation Treaty)
- Protection and valuation of invention patents
2. Patent Opposition Proceedings
Any third party may oppose the granted European patent, with the European Patent Office (EPO), within 9 months from the date of publication of the mention of the grant of the European patent. Indeed, it is possible for anyone to challenge the grant of a European patent, on the basis of grounds for opposition listed exhaustively. The opposition procedure can lead to the rejection of the opposition, to the revocation of the patent, or even to the maintenance of the patent in a modified form.
We offer a legal service for the opposition procedure before the EPO, in demand or in defense, as well as for the opposition procedure before the BOIP.
3. Drafting/Negotiation of Patent Contracts
A patent may be subject to a license or be assigned to a third party, for remuneration, as for trademarks.
We offer a legal service for drafting / negotiating contracts relating to patents, such as:
- Patent assignment contract
- Assignment contract of one or more patent applications with their priority right
- Assignment contract for one or more patent applications with their international (PCT) or European extensions
- Drafting of patent co-ownership regulations (it happens that the patent is in co-ownership and it is often useful to establish a conventional regulation)
4. Patent Litigation
We offer a legal service for patent litigation, such as:
- Procedure for patent invalidation
- The seizure procedure in the field of patents
- Procedure for patent infringement
- Litigation of employees' inventions