The patent application process

Once it is clear that your invention is patentable, we begin the process of drawing up and filing the patent.

After drawing up the patent, we file it at Belgian, European or international level. The choice depends on the scope of your activities and where you wish to protect your competitive position. If a patent is first filed at Belgian or European level, it can still be extended to a wider region at a later stage.

The experts at Oryon advise you from the very start of the application process on the most suitable filing region, taking your commercial strategy into account.

Ask our patent attorneys for advice

Filing a patent

Step 1
Filing a patent application – Priority date (PD)

The filing date establishes a ‘priority right’ for the protection of your invention. Your invention is protected from the filing date or priority date.

Step 2
Novelty search - PD + 6 to 9 months

After 6 to 9 months, you will receive a search report with an initial indication of the novelty and inventive step of your invention. This report is drawn up by the European Patent Office (for both Belgian and European filings) and constitutes the basis for the next step.

Step 3
Territorial extension - PD + 12 months

Up to 12 months after the first filing, you may choose to extend the application to a broader geographical region. If initially you opted for a Belgian filing, it can be continued at European level, in specific countries or worldwide. These subsequent filings are treated as if they were filed on the same date as the original application (priority right).

Step 4
Publication and granting - PD + 18 months to 20 years

The patent is published after 18 months and remains valid for 20 years from the filing date, provided the annual renewal fee is paid.

Maintaining a patent

A patent remains valid only if a renewal fee is paid to the patent granting (government) authorities. These fees must be paid every year from the third year onwards until the end of the patent’s term (20 years). If the fee is not paid, your patent lapses.

Oryon arranges and pays the annual fees in the various countries for all the patents in your patent portfolio on your behalf. For this, we collaborate worldwide with an international network of specialised IP offices.

The annual renewal fees allow you to reassess your patent portfolio and decide which patents should be renewed (and in which regions) and which may be discontinued.

Discuss your innovations with a patent attorney

Together we determine the most suitable region for filing

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Clear answers to every IP question

What is a patent?

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.

In which countries does Oryon file patent applications?

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.)

In which languages does Oryon draw up patents?

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.

Do I need to pay annual renewal fees for a patent?

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.

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