INFORMATION FROM THE CONTRACTING / EXTENSION STATES
BE Belgium
Specific provisions concerning the language system*
1. Rights conferred by a European patent application designating Belgium and written in German
Under Belgian legislation1, reasonable compensation may be demanded of any person who has exploited an invention in Belgium which is the subject of a European patent application designating Belgium from the date on which the claims contained in the application have been made available to the public at the Belgian Patent Office or have been communicated to that person "in one of the official national languages".
As the "official national languages" of Belgium are French, Dutch and German2, a European patent application designating Belgium and containing claims written in German which have been made available to the public at the Belgian Patent Office or communicated to the person exploiting the invention in Belgium ought to create an entitlement, where appropriate, to reasonable compensation3.
2. The effect of a European patent designating Belgium and written in German
A similar situation arises as regards the effect of a European patent designating Belgium and written in German once its grant has been published in the European Patent Bulletin. As a result of Article 65(1) EPC and Belgian implementing legislation4, only those European patents which are not written in one of Belgium's "national languages" must be translated into one of those languages in order to take effect in Belgium. As German is one of Belgium's "national languages" and Belgium has not prescribed the use of a specific official language5, a European patent designating Belgium and written in German ought to take effect in Belgium without it being necessary to file with the Belgian Patent Office a translation of the European patent specification in French or Dutch6.
3. Languages in which European patent applications converted into Belgian patent applications must be filed
Under Article 135(1)(a) EPC and Belgian implementing legislation7, the Belgian Patent Office may apply the procedure for the grant of a Belgian national patent at the request of an applicant whose European patent application designating Belgium is deemed to be withdrawn pursuant to Article 77(5) EPC.
The common system of languages established by Belgian legislation for national patent applications8 also applies to European patent applications converted into Belgian national applications. Thus, the following languages should be used when dealing with the Belgian Patent Office:
- in the case of natural and legal persons having their principal place of business or their residence abroad: French, Dutch or German;
- in the case of natural persons having their residence in Belgium: French, Dutch or German;
- firms established in Belgium must use the language(s) of the linguistic region where they have established their place of business (French, Dutch or German)
* According to information provided by the Belgian authorities.
1 See Article 3(3) of the law dated 8 July 1977 ("Moniteur belge" of 30 September 1977, IPLT BE 2-001) adopting the following international acts: ... 3. Convention on the Grant of European Patents (European Patent Convention).
2 See Article 2 of the Belgian constitution.
3 This is the view taken by the Belgian Patent Office. This view is not, however, shared by all interested circles in Belgium. It is for the Belgian courts to decide on the existence in Belgium of the right to reasonable compensation where the claims have not been translated into French or Dutch.
4 See Article 5(1) of the law of 8 July 1977.
5 As authorised by Article 65(1) EPC.
6 This is the view taken by the Belgian Patent Office. This view is not, however, shared by all interested circles in Belgium. It is for the Belgian courts to decide on the validity in Belgium of European patents which have not been translated into French or Dutch.
7 See Article 8 of the law of 8 July 1977.
8 See Articles 41 and 42 of the Royal Decree of 18 July 1966 co-ordinating the laws on the use of languages in administrative matters ("Moniteur belge" of 2 August 1966) and the opinion dated 13 March 1997 of the Standing Committee on Linguistic Control.