Luxembourg short-term patent online

What is a Luxembourg short-term patent?

A Luxembourg short-term patent provides the same rights as a Luxembourg patent, but for 6 years instead of 20 years. It is a good option to secure rights in Europe for applicants who:

• have a limited budget;
• have received PCT search and examination reports that were not wholly positive; or
• wish to secure rights in Europe quickly, without substantive examination.

Luxembourg short-term patents are easy to file

Luxembourg short-term patents can be applied for online via the GlobalIPCo system. They can be filed:

• directly (without any prior patent being filed) (for law firms only);
• claiming priority from a patent filed during the previous 12 months (for law firms only); or
• as a national phase application flowing from a PCT patent (20 month deadline) (publicly available).

No original documents need to be submitted.

No assignment from inventors is required, but proof of assignment should be retained by the applicant.

Filing a Luxembourg short-term patent online using GlobalIPCo

Step 1: Register with GlobalIPCo. Registration is obligation-free. There is no licence / subscription fee. You only pay when instructing a filing.

Step 2: Enter PCT details. The Luxembourg short-term patent must be filed within 20 months of the priority date / PCT filing date (earlier of). If PCT Chapter II is requested, the filing deadline is extended to 30 months.

To extend the life of the Luxembourg patent to 20 years (at no additional cost), upload the PCT search report.

Step 3: Priority. If the priority patent was submitted to WIPO, no priority documents (or translations thereof) need to be submitted.

Step 4: Enter applicant’s and inventors’ details. The applicant may be substituted on filing. The inventor list may also be changed on filing. The total cost to change the applicant(s) and/or inventor(s) is $80:

Step 5: Download documents for signature.

Step 6: Upload documents. For a standard case, you only need to upload two pdf files: an English translation of the original PCT application, i.e., Description, Claims, Abstract, Figures (if any), and a German or French translation of the original PCT claims. You only need to provide a German or a French translation, not both.

Step 7: Pay $353 and file. This fees include professional fees, official fees and disbursements.

The Luxembourg short-term patent application will be filed by Prisma IP (a German patent firm)

The application number and filing receipt should be emailed to you within a business days of filing.

A scanned copy of the registration certificate should be emailed to you within 2-3 months of publication of the PCT patent. You may (optionally) request postage of the certificate via the GlobalIPCo system (at no additional cost).

Luxembourg short-term patent specification requirements:

General:

• Specification in English language.
• German / French translation of the claims.
• No brand names / trademarks.
• Only typed text.
• Margins: upper 2.5cm, left 2.5cm, right 2cm, bottom 2cm.

Claims:

• Unity of invention.
• Multi-dependent claims allowed.
• Multiple independent claims allowed.
• Only SI units.

Drawings:

• must be in black and white or grayscale.
• Use reference numerals (referred to in specification and claims).
• Drawing numbers and reference numerals +0.21cm high.
• No written text in drawings, apart from figure numbering (e.g. Fig. 1):

Amendments:

Where the German Utility Model flows from a PCT patent, an amendment may be made on filing.

Renewals:

Luxembourg short-term patents are renewed on the 2nd anniversary of the PCT filing date and annually thereafter.

[IdeaNav Summary of manual prepared by Prima IP]