Questions and answers about intellectual property

A patent is a temporary exclusive right to use a technical invention (the patented subject matter). A patent remains valid for up to 20 years from the filing of the patent application and therefore offers only temporary protection. The patent holder can prohibit others from using their innovation within a specific territory, usually a country. The invention can be protected in several countries by applying for multiple patents in accordance with the applicable patent legislation in those countries.

A patent also allows licences to be granted for an invention and in that way provide a potential source of revenue. Oryon is happy to advise you on European and international treaties that facilitate obtaining patents in multiple countries.

A patent cannot be granted for an idea alone. It must relate to a specific technical invention that is novel and inventive. To determine whether your technical invention is patentable, we carry out a targeted search.

In Belgium, you pay annual renewal fees to keep a patent in force, starting from the third year up to a maximum of 20 years after filing. For an EU patent, fees are payable to the European Patent Office which increase over time.

Annual renewal fees in Belgium:
A Belgian patent remains valid for 20 years, provided the annual renewal fees are paid on time. These fees must be paid annually to the Belgian Office for Intellectual Property (via the FPS Economy).

EU patents:
For European “unitary patents”, you pay a single uniform fee to the European Patent Office, with the amount rising over time.

Failure to pay annual renewal fees results in the patent lapsing. It is therefore advisable to appoint a patent attorney to handle the administrative follow‑up and payments.

National/Local:
Depending on the countries where your patent is in force, you may also need to pay local renewal fees to maintain the protection.

A unitary patent (official name: European patent with unitary effect) is a European patent which, once granted, provides a single, uniform protection across multiple EU Member States at the same time, through one single right. The system was introduced within the context of the European Patent Office and the Unified Patent Court.

The Unified Patent Court (UPC) is an international court with shared jurisdiction over European patents and the new unitary patent”. Its purpose is to provide a single, uniform judicial procedure for disputes concerning patents that are valid in several EU member states.

The UPC was established in 2023 following a European Treaty between 26 Member states of the European Union and hears infringement and invalidity cases relating to both traditional European patents (unless excluded by an “opt-out”) and unitary patents. Its decisions have a direct effect in all participating countries, significantly reducing the need for parallel national proceedings.

When a client comes to Oryon with a new innovation, it can be useful to carry out a preliminary search. A preliminary search looks for existing prior art. This relates to publicly available (patent) documents that may call into question the novelty or inventive step of the invention.

A patent can only be granted if the innovation is both new and inventive. A preliminary search maps the relevant prior art. We clearly define the novel and inventive aspects of the innovation. This helps us draw up a ‘stronger’ patent with a higher likelihood of being granted.

This is a search to determine whether your company risks infringing on patent claims of third parties and whether you are allowed to commercialise a product or method. An FTO search is always conducted for a specific country or group of countries, more specifically the countries where the commercialisation will take place. An FTO search helps to prevent legal disputes and guarantees a successful market introduction and operation of innovations. You can count on our experts to anticipate potential infringements.

The innovation deduction allows a company to deduct up to 85% of its net innovation income from its taxable corporation tax base. The revenue to be considered includes licence fees, such as royalties, revenue from the sale of patent rights and any damages received. The related R&D expenses incurred in the year in which the revenue was generated as well as the historical R&D expenses linked to the intellectual property right need to be deducted from this revenue. The historical costs may be spread over a period of up to seven fiscal years. To give you a clear view of the optimal application of the innovation deduction, we map your intellectual property portfolio in detail. If you want, we involve tax specialists to support you in applying the innovation deduction.

Patent landscaping analyses the ‘patent activity’ surrounding a particular technology: which companies are filing patents, which topics attract most innovation, in which countries are patents primarily being applied for and have many new patents been filed in recent years, etc.

Patent landscaping provides an insight into trends and developments within a specific field of expertise or a specific technology and can serve as a source of inspiration. It provides a strategic insight into your competitors’ activities in terms of innovation and intellectual property. Patent landscaping helps you to identify growth potential and assess the financial value of your patent rights.

A valuation of your patent portfolio can be useful for strategic, legal and financial reasons. This can be important in the context of mergers and acquisitions, investments, take-overs, strategic management or licence agreements and technology transfer.

An IP Scan is a half‑day session in which we help your company to identify its intellectual property. By talking directly to your innovation teams, researchers, inventors, designers and marketing specialists, we assess which inventions, trademarks and designs can be protected. At the same time, we discuss the possibilities for targeted innovation and development. Our experienced team guides you through the process and provides strategic advice to maximise the value of your intellectual property.

This is a variant of a Novelty Search. We look for prior art relating to a specific patent you wish to have declared invalid. This is often necessary when a patent gets “in the way” for a client, for example when an FTO search has found a patent that poses a problem.

Prior art consists of relevant publicly available (patent) documents that may call into question the novelty or inventive step of the invention and can therefore invalidate a patent. This requires searching patent databases for published patent documents relating to the patent in question with a publication date before the patent’s filing date. Using patent classifications and search terms, we draw up search queries to compile a list of potentially relevant patent documents. Based on the results, an invalidity claim may be brought before the court or opposition proceedings may be instituted before the European Patent Office.

The first step is to prove that the patent does not meet patentability requirements. For example, the invention is not novel or inventive or has not been disclosed with sufficient clarity. We do this through clear arguments, possibly supplemented by relevant prior art.

We subsequently institute opposition proceedings and represent you at oral hearings and during negotiations. Throughout the proceedings, we assess possible scenarios and provide strategic advice to secure a favourable outcome.

When opposition proceedings are instituted against your patent, we first analyse the arguments of the opposing party and attempt to disprove them. Depending on our analysis, we determine which actions we can take. Read more about Legal advice.

We act as patent attorneys in Belgium, the Netherlands, Europe and for PCT applications (the international procedure). We communicate with local attorneys (correspondents) who handle matters on our behalf in virtually all parts of the world (the USA, China, Australia, Canada, Japan, etc.)

Our patent attorneys draw up patents in Dutch and English. Translations into other languages are available on request, for which we work with a translation agency.

An i-DEPOT is an online service offered by the Benelux Office for Intellectual Property (BOIP) that allows you to officially record an idea, concept or creation with a time stamp.

It is not an intellectual property right (such as a trademark or patent), but a form of evidence. An i‑DEPOT is valid for five years and may be renewed for successive five-year periods.

An i‑DEPOT can be strategically interesting for registering an intellectual creation, idea or design at an early stage. For example, in the context of ongoing negotiations with partners or investors or as a temporary measure prior to formal protection.

A trademark is a legally protected identifying mark such as a name, logo, symbol, word, slogan or a combination thereof. It distinguishes and identifies your product or service from those of your competitors. A trademark gives you the exclusive right to use the mark for specific goods or services within a defined geographical area.

• Identification: It helps consumers recognise and trust products or services.
• Protection: It prevents other companies from using the same or a confusingly similar mark.
• Value creation: A strong trademark can add considerable value to a company through brand recognition and loyalty.

Trademarks can be registered with a national or international authority, such as the Benelux Office for Intellectual Property (BOIP) or the European Union Intellectual Property Office (EUIPO).

Word mark
A mark consisting solely of words, letters, numbers or a combination thereof.
Example: “Nike” or “Coca-Cola”

Device mark
A mark containing a graphic element, often without words. Synonym: logo.
Example: the Apple logo.

Combined mark
A combination of a word mark and a device mark.
Example: The McDonald’s logo in combination with the name “McDonald’s.”

Colour mark
A specific use of colours that distinguishes a brand, provided it is unique and applied consistently.
Example: Cadbury’s use of purple for chocolate packaging.

Three-dimensional mark
A unique three-dimensional shape that identifies a product or its packaging.
Example: The shape of a Coca-Cola bottle.

Sound mark
A distinctive sound associated with a brand.
Example: The Windows start‑up sound.

Scent mark
A mark based on a specific scent. This type is rare because scents are difficult to describe and register precisely.
Example: The smell of freshly cut grass for tennis balls.

Motion mark
A mark consisting of a moving image or animation.
Example: The rotating triangle in the TriStar Pictures introduction.

Hologram mark
A mark distinguished by a holographic image.
Example: The G of Google

Pattern mark
A specific pattern that is unique and recognisable for a brand.
Example: The Louis Vuitton chequerboard pattern.

Position mark
The specific way in which a mark is placed or applied on a product.
Example: The yellow stitching on Dr Martens shoes.

Multimedia mark
A mark consisting of a combination of images and sound.
Example, MGM’s roaring lion.

A Trademark Search Service helps to identify potential conflicts with existing trademarks. We use advanced search criteria to obtain detailed insights into existing trademark registrations. This allows you to position your trademark safely and helps to prevent time-consuming legal disputes.

Trademark Search is an innovative search for word marks and device marks. Using AI-based recognition technologies and extensive databases, we help minimise the risk of conflicts and infringements.

A Brand Risk Analysis provides an in‑depth overview of the risks surrounding your brand within the selected geographical scope and categories. It supports your trademark strategy with data from 188 registers and more than 6.4 million registered trademarks worldwide. It identifies risks, analyses competitors and offers an insight into geographical presence. This allows you to make well‑informed decisions about your trademark portfolio.

• Assess whether the candidate trademark is being used in practice.
• Conduct a competitor analysis and gain an insight into their overall portfolio size and strategic activities.
• Obtain geographic insights into your competitors’ presence.
• Analyse litigation involving the trademark owner using advanced case‑law data.

A Web Watch Service provides an insight into how a trademark, both word marks and device marks, is being used online. We monitor both similar and identical trademarks. This solution identifies infringements and helps you to protect your trademark proactively.

A Trademark Watch Service is a monitoring service that flags newly filed or registered trademarks that closely resemble or overlap your trademarks. This service allows a proactive trademark protection by identifying trademark activity in your sector and geographical areas of interest. This allows you to file oppositions against third parties in good time.

An Availability Search is a legal investigation, usually carried out in the field of trademark law, to determine whether a trademark or logo is available for use and registration. It prevents conflicts and avoids investments in a trademark being lost due to opposition proceedings.

After registration, a trademark owner has the following rights:

• The trademark can be sold or licensed to others to generate income.
• Legal action against counterfeiting can be taken.
• The registration of identical or similar marks when they are used for identical or similar goods or services can be opposed.
• If a trademark enjoys a high level of recognition, it is possible, in certain circumstances, to take action against highly similar trademarks used for dissimilar goods or services.

Registering a trademark protects the investments you make in branding and the growing value of your trademark. A trademark registration ensures that you can continue using the trademark. It also prevents competitors from registering a similar name and blocking you from promoting your product or service in that territory (also known as trademark squatting). Finally, trademark registration helps prevent third parties from misusing your trademark or infringing on your trademark rights.

Before filing a trademark, we conduct an availability search, check the formalities and classification, and verify that the trademark meets all formal requirements. Only then can we apply for the trademark registration.

For the Benelux (BBIE):

• Publication of the trademark application in the Register – approximately 4 weeks
• Opposition period: for a period of two months following publication, a prior trademark owner may oppose the trademark registration.
• If no opposition is filed (or if it is rejected), the trademark is registered and the registration is published. The period between the application of the trademark registration and the final registration usually takes around three months.

For the European Union (EUIPO):

• Publication of the trademark application in the Register – approximately 6 weeks
• Opposition period: for a period of three months following publication, a prior trademark owner may oppose the trademark registration.
• If no opposition is filed (or if it is rejected), the trademark is registered and the registration is published. The period between the application of the trademark registration and the final registration usually takes around seven months.

A trademark is valid for a period of 10 years and can be renewed for further periods of 10 years. So, subject to renewal, a trademark can remain your property.

A trademark filing is the official application for the registration of a trademark in a trademark register, through which a legal monopoly is obtained. This registration in trademark registers such as the BOIP (Benelux) or EUIPO (European Union), protects the trademark against infringement by third parties. Filing forms the foundation of legal trademark protection, which is crucial for the intellectual property.

A design is the appearance of a creation or a part thereof. To qualify for registration, it must be novel and have its own distinctive character. Examples include a new design of headphones, a watch, a household appliance, a garment or a bag. But the design of your website, a packaging, label, logo and so on can also be protected as a design. The appearance or design includes features such as lines, contours, colours, shape, texture, etc.

You can do so by registering the design rights. A registered design right offers protection for a definite period and in specific geographic areas. A design right can be valid for a maximum of 25 years in the European Union, provided it is renewed every five years. This allows designers to maintain long‑term protection as long as the registration is renewed in good time.

Design protection only applies in the countries where the design is registered. A design registered in the EU, for example, does not offer protection in the United States or China unless a separate registration is made there.

Design right is an intellectual property right that protects the appearance of a product, such as the shape, pattern or colour of an object. The main purpose of a design right is to protect designers and companies against counterfeiting and copies of their unique designs.

Design rights are often used in sectors such as fashion, furniture, jewellery and consumer products. Examples include the shape of a chair, a unique textile pattern or the specific design of packaging. Companies register their designs to ensure that competitors cannot reproduce them.

The protection applies only to the appearance of a product, not to its technical functions. It is important the design is novel and original to qualify for protection.

A design registration procedure begins with filing an application with a competent authority, such as the European Union Intellectual Property Office (EUIPO) or a national authority. The application must contain a clear description and images of the design.

The registration procedure comprises the following steps:

1. Preparation of the design: Ensure that your design is novel and original.
2. Filing the application: File your application with the relevant authority.
3. Payment of fees: Pay the required registration fees.
4. Assessment: The authority assesses whether the design meets the requirements.
5. Registration and publication: If the design is approved, it is registered and published.

The application procedure can take several weeks to months, depending on the authority and the country where the registration takes place.

Protection for unregistered designs also exists. This protection is granted automatically when a new design is made public for the first time within the European Union. However, the protection for unregistered designs is limited in time and scope. It offers protection for a maximum of three years and applies only for direct copies.

Advantages:

• No registration required.
• Immediate protection upon disclosure.

Disadvantages:

• Shorter protection period.
• Less extensive protection than registered designs.

A Design Search Service helps identify potential conflicts with existing designs by using advanced search criteria. This service provides extensive insights into existing design registrations and helps you position your design safely.

Advantages:

• Insight: Identify existing designs that may cause conflicts.
• Advanced search criteria: Use specific search methods to obtain relevant results.
• Risk reduction: Avoid time‑consuming legal disputes through proactive searches.

An Applicant Watch Service is a monitoring service that keeps you informed about design applications filed by a specific company or competitor. This service allows you to track design filings in the Benelux, Europe or worldwide and helps you stay ahead of the competition and make strategic business decisions.

Advantages:

• Up-to-date information: Receive regular updates on design applications filed by competitors or relevant companies.
• Competitive advantage: Monitor competitor activity and respond proactively.
• Strategic insights: Gain valuable insights into design strategies and market positioning.
• Risk management: Identify potential conflicts with your own designs and take action in good time.

We are specialised in Mechanics, Shipping/Maritime, ICT, Engineering, Nutrition and AI. We work with companies ranging from one-man businesses to multinationals, universities and research institutes and marketing and communication agencies. We also help law firms with the registration and monitoring of innovations and assist foreign IP agencies with local expertise in Belgium and Europe. Read more about Oryon.

Yes. Oryon is the local point of contact for foreign IP firms that want to file, register or validate patents, design rights and trademarks in the Benelux and/or Europe on behalf of their clients. We provide comprehensive support with a focus on cross‑border protection and local enforcement within the Benelux and Europe. Foreign IP offices looking for a Benelux IP office for local registrations, validations or procedural follow‑up have come to the right place at Oryon.

To remain competitive, you of course want to know what your competitors are doing. Our monitoring services help you monitor your market position. We use advanced IT and AI systems to analyse the market and proactively detect risks. This allows you to respond quickly to market developments and possible infringements on your intellectual property. Read more about IP strategy.

Oryon is a merger between the Antwerp-based Bureau Bockstael and the Leuven-based IPLodge. We have two locations. The address in Antwerp is Tavernierkaai 2, 6th floor, 2000 Antwerp. The address in Leuven is Interleuvenlaan 62,3001 Heverlee.