Belgium: Translation no longer needed for validating a European patent

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Belgium: Translation no longer needed for validating a European patent

The validation of a European patent in a contracting state is determined by Article 65 EPC, the London Agreement on the application of Article 65 EPC and the contracting state's national law. Hence, validation of a European patent in a contracting state may require the filing of a translation of the European patent as granted into one of the official languages of the contracting state, generally within three months from the date on which the mention of the grant of the European patent is published in the European Patent Bulletin.

Notably, the London Agreement has the objective of reducing costs linked to such validation, more in particular the translation of European patents. Each contracting state which has ratified the Agreement waives the requirement for furnishing such translations entirely or at least largely, depending on its official languages.

Heretofore, Belgium has not yet ratified the London Agreement. Consequently, in Belgium, the validation of a European patent granted in English still requires furnishing, by the prescribed deadline, a complete translation of the description and claims into one of the official Belgian languages (French, Dutch or German).

However, as from January 2017, the furnishing of such a translation to validate a European patent in Belgium will become superfluous!

The Belgian government, at its Council of State, enacted a new law on June 29 2016 which states that a European patent granted, amended after opposition or limited in any of the official EPC languages confers upon the patentee the same rights as a national Belgian patent. Consequently, it might also be expected that the Belgian Government intends to ratify the London Agreement shortly.

This new regime is highly advantageous for patent owners and for the Belgian government, since this major change in Belgian law will reduce both validation costs and a large amount of administrative work at the Belgian Patent Office. Furthermore, this will considerably reduce litigation between companies and the state of Belgium which arises when companies seek to re-instate their rights in Belgium for European patents granted in English if a translation is deemed not to have been properly filed.

Meanwhile, the legislator has reopened a time window, terminating on January 6 2017, for the retroactive reinstatement, under certain conditions, of granted, amended or limited European patents for which a translation was not duly provided to the Belgian Patent Office (See our previous article, 'Patent law harmonised with PLT').

kourgias.jpg
leroy.jpg

Cathy Kourgias

Pascal Leroy


GeversHolidaystraat, 5B-1831 Diegem - BrusselsBelgiumTel: +32 2 715 37 11Fax: +32 2 715 37 00www.gevers.eu

more from across site and SHARED ros bottom lb

More from across our site

The Spain-based firm has appointed an industry veteran to lead the group, which it hopes will strengthen its ability to support clients in ‘disruptive technologies’
Shaina Haria, a final-seat trainee at an international law firm’s UK office, shares how she fell in love with IP and why the area of law has changed the way she views the world
Now in its sixth edition, the IP Case Law Conference was focussed on the notion of ‘growing through change’
Nick Redfearn and Khanh Nguyen of Rouse discuss Vietnam’s latest identification in the 2026 Special 301 Report and how the country is taking genuine steps to meet US expectations
Tatiana Campello reflects on 30 years of practising at the firm, and urges women IP attorneys to think beyond the day-to-day
A David v Goliath battle involving TikTok, and Via Licensing Alliance adding new members to its Voice Codec patent pool, were also among the top talking points
Latham & Watkins bolstered its IP litigation bench in California with the addition of Kieran Kieckhefer, as partner demand for trial-ready expertise shows no sign of slowing
With the launch of a new patent eligibility AI tool, Sterne Kessler is leading a growing movement of law firms taking AI development into their own hands
UPC cases are (very) gradually becoming more distributed across other local divisions outside Germany, which can only be good news for the pan-European forum
Clarification concerning jurisdictional reach and latest stats released by the court were also among the top talking points in recent weeks
Gift this article