Abolishment of translations for European Patents

A recent amendment of the Belgian Code of Economic Law (comprising a.o. the Belgian Patent Act) will have important implications on the validation of European Patents in Belgium. As result of said amendment, European Patents designating Belgium and having a date of mention of grant (or of maintenance in amended form or limitation) ON OR AFTER 01 JANUARY 2017, will NO LONGER require a TRANSLATION according to Article 65(1) EPC, irrespectively of the language of the proceedings before the EPO (French, German or English).

The European Patents granted up to 31 December 2016, should continue to comply with today's existing translation requirements, i.e. with the submission of a translation within three (3) months as from the date of mention of grant, maintenance in amended form, or limitation.

For obtaining provisional protection in Belgium in respect of European Patent Applications according to Article 67(3) EPC, a translation of the claims into one of the National official languages will continue to be required.

POWER FORMS
Simultaneously, the requirements regarding the powers of attorney will be substantially relaxed. As from 01 January 2016, the validation of European Patents in Belgium can be completed only on the basis of a SIMPLE (electronic) COPY of the signed document. An ORIGINAL (paper) specimen of the power form will NO LONGER be required. However, please ascertain that the name and quality of the signer(s) on behalf of the patentee is clearly and legibly indicated on the document.