LU - Luxembourg
Intellectual Property Office (Luxembourg)

Materials for the European Qualifying Examination (EQE)
Special edition as of 31 October 2024, prepared for EQE candidates

Useful information

The PCT Applicant’s Guide is updated almost every week with information received by the International Bureau.
In case of question, please contact the Office or the International Bureau: pct.guide@wipo.int.
List of abbreviations used in this document:
Office: Intellectual Property Office (Luxembourg)
L77: Law of May 27, 1977, implementing the PCT
LPL: Law of July 20, 1992, amending the Patent System
R78: Grand-Ducal Regulations of May 25, 1978
RP97: Grand-Ducal Regulations of November 17, 1997, concerning Procedures and Administrative Formalities in Patent Matters
RT97: Grand-Ducal Regulations of November 17, 1997, Establishing Fees and Remuneration in Patent Matters
List of currencies used in this document:
EUR (Euro)
Countries and Offices information:
The list of acronyms used for Offices is no longer shown as it has been integrated in the mouseover functionality for each ST.3 code shown in this document.
Refer to List of WIPO Standards, Recommendations and Guidelines formerly Annex K, List of country names and two-letter codes. It includes a list of short names and two-letter codes accepted for use in indicating States, other entities and intergovernmental organizations and their Offices in documents relating to international applications under the PCT. The list is as set out in WIPO Standard ST.3.
Also refer to PCT Contracting States formerly Annex A.
Office profile
For more technical information about the Office, refer to ePCT Office profile.
PCT Reservations, Declarations, Notifications and Incompatibilities
Article 22(1) (Decision of the Assembly of the PCT Union of October 3, 2001 (PCT/A/30/7, Annex IV))
Refer to the full list.
Office Closed dates
The Office is closed weekly on Saturday and Sunday
Additional closed dates can be consulted on the Office Closed dates page

International Phase

Annex B - Information on Contracting States or Intergovernmental Organization

Contracting State:
Luxembourg
Two-letter code:
LU
Luxembourg - Intellectual Property Office (Luxembourg)
Name of Office:
Intellectual Property Office (Luxembourg)
Location:
Ministère de l’économie 19-21
Boulevard Royal
Luxembourg-Ville
Luxembourg
Mailing address:
L-2914 Luxembourg
Telephone:
(352) 247 84113
E-mail:
bpp@eco.etat.lu
Website:
Facsimile:
(352) 247 94113
Does the Office accept the filing of documents by facsimile or the like means (PCT Rule 92.4)?
Yes, by facsimile
Which kinds of documents may be so transmitted?
All kinds of documents
Must the original of the document be furnished in all cases?
Yes, 
within 14 days from the date of the transmission
Would the Office accept evidence of mailing a document, in case of loss or delay, where a delivery service other than the postal authorities is used (PCT Rule 82.1)?
No
Is the Office prepared to allow applicants to make applications available to the WIPO Digital Access Service for Priority Documents (DAS) (PCT Rule 17.1(b-bis)?
No
Competent receiving Office(s) for international applications filed by nationals or residents of this State:
A resident of Luxembourg must file an international application for an invention which may be of interest for national defense with the Intellectual Property Office (Luxembourg).
EP
European Patent Organisation - European Patent Office (EPO)
, 
IB
International Bureau of the World Intellectual Property Organization (WIPO) - International Bureau of WIPO
, 
LU
Luxembourg - Intellectual Property Office (Luxembourg)
Does national legislation restrict the filing of international applications with foreign Offices?
No
Competent designated (or elected) Office(s) for this State:
National protection: LU
European patent: EP
Types of protection available via the PCT:
National:
Patents
European:
Patents
Payment methods accepted by the Office:
All fees relating to patents in Luxembourg are payable by wire transfer to the post office account (CCPL) of the beneficiary:
Ministère de l’Economie
Office de la propriété intellectuelle
L-2914 Luxembourg
IBAN
LU91 1111 7125 0540 0000
BIC
CCPLLULL
All payments should give the filing number (national patent), respectively publication number (European and international patents), the name of the patent holder, the filing date of the patent and the nature of the fee (upon payment of an annual fee for maintenance in force, it is imperative to specify the patent year). Where payment relates to an invoice, it is sufficient to state the number, date and originator of the invoice.
Availability under the national law for an international-type search (PCT Article 15):
None
Provisional protection after international publication:
Where the designation is made for the purposes of a national patent:
Reasonable damages may be claimed as from the date of publication in French or German, or from the date of communication of a translation into French or German either to a defendant or to the Intellectual Property Office (Luxembourg) (Law of 27 May 1977).
Where the designation is made for the purposes of a European patent:
(1) International application published in one of the EPO official languages: compensation reasonable in the circumstances, on condition that any national requirements relating to the translation of the claims in the application have been met.
(2) International application published in a language which is not an EPO official language: the protection referred to in (1) does not become effective until the EPO publishes the international application supplied to it in one of its official languages.
Information of interest if this Contracting State is designated (or elected)
For national protection
Time when the name and address of the inventor must be given:
May be in the request or may be furnished later. If not already complied with within the time limit applicable under PCT Article 22 or 39(1), the Office will invite the applicant to comply with the requirement within a time limit fixed in the invitation.
Are there special provisions concerning the deposit of microorganisms and other biological material?
Yes, refer to Annex L.
For a European patent
Refer to Annex B(EP)

Annex C - Receiving Office

Competent receiving Office for nationals and residents of:
Luxembourg
Language in which international applications may be filed:
French, 
German
Number of copies required by the receiving Office if application filed on paper:
3
Does the receiving Office accept the filing of international applications in electronic form?
Information not yet available
Does the receiving Office accept incorporation by reference (PCT Rule 20.6)?
Yes
Does the receiving Office accept the submission of color drawings on an informal basis and transmit them to the International Bureau?
Yes
Does the receiving Office accept requests for restoration of the right of priority (PCT Rule 26bis.3)?
Yes, please refer to the Office for the applicable criteria and/or any fee payable for such requests
Competent International Searching Authority:
EP
European Patent Organisation - European Patent Office (EPO)
Competent International Preliminary Examining Authority:
EP
European Patent Organisation - European Patent Office (EPO)
Fees payable to the RO:
Transmittal fee:
19 EUR
International filing fee:
This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).
1,381 EUR
Fee per sheet in excess of 30:
16 EUR
Search fee:
Refer to
Annex D(EP)
Fee for priority document (PCT Rule 17.1(b)):
None
Is an agent required by the receiving Office?
No
Who can act as agent?
Any patent agent registered to practice in Luxembourg or any member of the Luxembourg Bar, as well as any patent agent registered in a member State of the European Economic Area
Waiver of power of attorney:
Has the Office waived the requirement that a separate power of attorney be submitted?
Yes
Has the Office waived the requirement that a copy of a general power of attorney be submitted?
Yes

Annex L - Deposits of Microorganisms and Other Biological Material

Requirements of designated and elected Offices
Only Offices whose applicable national law contains provisions concerning the deposits of microorganisms and other biological material are listed in Annex L. Unless otherwise indicated, deposits may be made for the purposes of patent procedure before these Offices with any depositary institution having acquired the status of international depositary authority under the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure.
For a list of these institutions refer to:
http://www.wipo.int/treaties/en/registration/budapest/pdf/idalist.pdf (and the detailed requirements for each institution at: https://www.wipo.int/budapest/en/guide/section_d/subsection_c.html)
Notifications related thereto may be consulted under:
http://www.wipo.int/treaties/en/registration/budapest/
Further information concerning the requirements of international depository authorities under the Budapest Treaty is available at:
http://www.wipo.int/budapest/en/guide/index.html
Time (if any) earlier than 16 months from priority date by which applicant must furnish:
— the indications prescribed in Rule 13bis.3(a)(i) to (iii):
None
— any additional indications:
None
Additional indications (if any) which must be given besides those prescribed in Rule 13bis.3(a)(i) to (iii) pursuant to notifications from the Office:
None

National Phase

Summary of requirements for entry into the national phase

Time limits applicable for entry into the national phase:
Under PCT Article 22(1): 20 months from the priority date
Under PCT Article 39(1)(a): 30 months from the priority date
Does the Office permit reinstatement of rights (PCT Rule 49.6)?
Yes, the Office permits reinstatement of rights under the “due care” criterion.
Fee for reinstatement
25 EUR
Translation of international application required into (one of) the following language(s):
Must be furnished or paid within one month after the expiration of the time limit applicable under PCT Article 22 or 39(1).
English
However, a translation of the claims into German or French is required where the application is submitted in English.
French, 
German
Required contents of the translation for entry into the national phase:
Must be furnished or paid within one month after the expiration of the time limit applicable under PCT Article 22 or 39(1).
Under PCT Article 22: Description, claims (if amended, both as originally filed and as amended, together with any statement under PCT Article 19), any text matter of drawings, abstract
Under PCT Article 39(1): Description, claims, any text matter of drawings (if any of those parts has been amended, both as originally filed and as amended by the annexes to the international preliminary examination report), abstract
Is a copy of the international application required in particular circumstances?
No
Does the Office accept color drawings under its national law?
Yes
National fees:
Filing fee
Must be furnished or paid within one month after the expiration of the time limit applicable under PCT Article 22 or 39(1).
40 EUR
3rd annual fee
Must be paid before the 2nd anniversary of the date of filing.
33 EUR
Exemptions, reductions or refunds of fees:
No filing fee is payable if the international application was filed with the Intellectual Property Office (Luxembourg) as receiving Office.
Special requirements of the Office (PCT Rule 51bis):
If not already complied with within the time limit applicable under PCT Article 22 or 39(1), the Office will invite the applicant to comply with the requirement within a time limit fixed in the invitation.
Name and country of residence of the inventor if they have not been furnished in the “Request” part of the international application
This requirement may be satisfied if the corresponding declaration has been made in accordance with PCT Rule 4.17.
Deed of assignment of the priority rights where the applicants are not identical
This requirement may be satisfied if the corresponding declaration has been made in accordance with PCT Rule 4.17.
Appointment of an agent if the applicant is not resident in the European Economic Area
Who can act as agent?
Any patent agent registered to practice in Luxembourg or any member of the Luxembourg Bar, as well as any patent agent registered in a member State of the European Economic Area
Does the Office accept the effect of restoration of the right of priority by the receiving Office (PCT Rule 49ter.1)?
Yes
Does the Office accept requests for restoration of the right of priority (PCT Rule 49ter.2)?
Yes, please refer to the Office for the applicable criteria and/or any fee payable for such requests

The procedure in the national Phase

LU.01 TRANSLATION (CORRECTION)
Errors in the translation of the international application can be corrected with reference to the text of the international application as filed (refer to National Phase, paragraphs 6.002 and 6.003).
LU.02 FEES (MANNER OF PAYMENT)
The manner of payment of the fees indicated in the Summary and in this Chapter is outlined in Annex LU.I.
LU.03 NAME AND ADDRESS OF THE INVENTOR
LPL Art. 30(6), RP Art. 13
Unless they have been indicated in the “Request” part of the international application, the name and state of residence of the inventor must be furnished. For details, refer to the model for such a designation (not an official form) in Annex LU.II. Legalization is not required. For time limits, refer to the Summary.
LU.04 ASSIGNMENT OF PRIORITY RIGHTS
L77 Art. 8, RP Art. 14(4)
Where the priority of an earlier application is claimed and the applicant(s) in that application is (are) not identical with the applicant(s) of the international application, an assignment of the priority rights must be furnished. For details, refer to the model for such assignment (not an official form) in Annex LU.III. Legalization is not required. For time limits, refer to the Summary.
LU.05 ANNUAL FEES
L77 Art. 6(2), LPL Art. 67, LPL Art. 68, RT Art. 13
Annual fees are payable for the third and each subsequent year following the international filing date. Payment must be made before the expiration of the month containing the anniversary of the international filing date. It is to be noted that an annual fee which is due within the 30-month time limit applicable under PCT Article 39(1)(a) can be paid without surcharge up to the expiration of the 30-month time limit. Payment of annual fees can still be made within six months after the due date, together with the surcharge for late payment. For the amounts, refer to Annex LU.I.
LU.06 AMENDMENT OF THE APPLICATION; TIME LIMITS
PCT Art. 28, PCT Art. 41, R78 Art. 10
The applicant may amend the title of the invention, description, claims and drawings within one month from the expiration of the time limit applicable under PCT Article 22 or 39(1), provided that the subject matter of the application is not broadened thereby. Amendments must be made by means of replacement documents and are subject to the payment, within the same time limits, of an administrative fee (refer to Annex LU.I).
LU.07 REVIEW UNDER PCT ARTICLE 25
PCT Art. 25, PCT Rule 51, L77 Art. 9
The applicable procedure is outlined in paragraphs 6.018 to 6.021 of the National Phase. If, upon review under PCT Article 25, the Office denies an error or omission on the part of the receiving Office or the International Bureau, an appeal against this decision may be lodged within three months from the decision. The administrative tribunal will then decide on the appeal.
LU.08
LPL Art. 40
Reestablishment of rights (restitutio in integrum) may be requested where the applicant, in spite of due care required by the circumstances having been taken, has failed to observe a time limit. An application for reestablishment must state the grounds on which it is based and must be filed within one year from the expiration of the time limit which has not been observed. If the application for reestablishment is accepted, the applicant will have to pay a reestablishment (restitutio in integrum) fee.
LU.09 EXCUSE OF DELAYS IN MEETING TIME LIMITS
LPL Art. 70
Where annual fees have not been paid within the prescribed time limits (refer to paragraph LU.05) for reasons beyond applicant’s control, restoration may be requested within 20 months from the loss of rights. If a favorable decision is taken on the request for restoration, the applicant will be permitted to pay the annual fees and surcharges which have become due together with the restoration fee and the fee for publication of the decision of restoration in the Official Journal (refer to Annex LU.I).

Annexes

Annex LU.I - Fees
Filing fee
40 EUR
Annual fees:
— for the 3rd year
33 EUR
— for the 4th year
41 EUR
— for the 5th year
52 EUR
— for the 6th year
66 EUR
— for the 7th year
82 EUR
— for the 8th year
99 EUR
— for the 9th year
115 EUR
— for the 10th year
131 EUR
— for the 11th year
148 EUR
— for the 12th year
165 EUR
— for the 13th year
180 EUR
— for the 14th year
198 EUR
— for the 15th year
213 EUR
— for the 16th year
230 EUR
— for the 17th year
246 EUR
— for the 18th year
262 EUR
— for the 19th year
281 EUR
— for the 20th year
300 EUR
Surcharge for late payment of the annual fee
20 EUR
Fee for amendment of the title of the invention, the description, the claims, and the drawings before a designated Office (PCT Article 28 or 41)
7 EUR
Restoration fee/reestablishment (restitutio in integrum) fee
25 EUR
How can payment of fees be effected?
All fees relating to patents in Luxembourg are payable by wire transfer to the post office account (CCPL) of the beneficiary:
Ministère de l’Economie
Office de la propriété intellectuelle
L-2914 Luxembourg
IBAN
LU91 1111 7125 0540 0000
BIC
CCPLLULL
All payments should give the filing number (national patent), respectively publication number (European and international patents), the name of the patent holder, the filing date of the patent and the nature of the fee (upon payment of an annual fee for maintenance in force, it is imperative to specify the patent year). Where payment relates to an invoice, it is sufficient to state the number, date and originator of the invoice
Forms
The following documents are maintained by the Office. Refer to the Office website (Annex B) for latest version and other languages.
Annex LU.II - Designation of the inventor
Annex LU.III - Assignment of priority rights
Annex LU.IV - Power of attorney
Special edition as of 31 October 2024, prepared for EQE candidates printed on 21 Dec 2024
2.0 #63 - 2024-11-04T12:26:35.870+01:00