WIPO - PCT Applicant's Guide LU - Luxembourg
Intellectual Property Office (Luxembourg)

    适用起自 2026年1月1日
    (发布 2025年11月13日)

    此版本最新变更汇总
    RO: RO fees
    变更明细列表

    [MT] 有用信息

    [MT] 《PCT申请人指南》几乎每周都会根据国际局收到的信息进行更新。
    In case of question, please contact the Office or the International Bureau: pct.guide@wipo.int.
    [MT] 本文档中使用的缩写列表 :
    Office: Intellectual Property Office (Luxembourg)
    L67: Law of July 8, 1967, on the Disclosure and Exploitation of Inventions and Trade Secrets concerning Territorial Defence or State Security
    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
    [MT] 本文档中使用的货币列表 :
    EUR (Euro)
    [MT] 国家和办事处信息 :
    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.
    [MT] 办公室概况
    For more technical information about the Office, refer to ePCT Office profile.
    [MT] PCT保留 、声明 、通知和不相容
    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.
    [MT] 办公室关闭日期
    The Office is closed weekly on Saturday and Sunday
    Additional closed dates can be consulted on the Office Closed dates page

    [MT] 国际阶段

    [MT] 附件B - 关于缔约国或政府间组织的资料

    [MT] 缔约国：
    Luxembourg
    [MT] 两个字母代码 :
    LU
    [MT] 办公室名称:
    Intellectual Property Office (Luxembourg)
    [MT] 地点：
    Ministère de l’économie 19-21
    Boulevard Royal
    Luxembourg-Ville
    Luxembourg
    [MT] 邮寄地址 :
    L-2914 Luxembourg
    [MT] 电话：
    (352) 247 84113
    [MT] 电子邮件：
    bpp@eco.etat.lu
    [MT] 网站地图
    [MT] 传真：
    (352) 247 94113
    [MT] 局是否接受通过传真或类似方式提交文件(PCT规则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?
    是的,
    within 14 days from the date of the transmission
    [MT] 若使用邮政当局以外的递送服务,在文件遗失或延误的情况下,局是否接受邮寄文件的证据(PCT规则82.1 )?
    不
    [MT] 专利局是否准备允许申请人向WIPO优先权文件数字存取服务 (DAS ) ( PCT规则17.1(b-之二 ) ) 提供申请?
    More information about WIPO DAS is available at: https://www.wipo.int/en/web/das.
    不
    [MT] 由本国国民或居民提交的国际申请的主管接收局:
    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,
    IB,
    LU
    [MT] 国家立法是否限制向外国局提交国际申请?
    Law of July 8, 1967, on the Disclosure and Exploitation of Inventions and Trade Secrets concerning Territorial Defence or State Security, Chapter 2
    If the applicant resides in Luxembourg and the international application concerns an invention which may be of interest for national defense, the application must be filed with the Intellectual Property Office (Luxembourg)
    Yes, filing restrictions apply to:
    Applications by residents
    [MT] 为本国指定的主管(或选定的)办事处:
    National protection: LU
    European patent: EP
    [MT] 通过PCT 提供的保护类型:
    National:
    Patents
    European:
    Patents
    [MT] 办公室接受的付款方式:
    All fees relating to patents in Luxembourg are payable by transfer to the bank account 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.
    [MT] 根据国家法律进行国际类型查询的可行性(PCT第15条 ) :
    None
    [MT] 国际公布后的临时保护 :
    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.
    [MT] 如果该缔约国被指定(或选举 ), 则有关信息
    [MT] 国家保护
    [MT] 发明人姓名和地址必须提供的时间:
    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.
    [MT] 是否有关于微生物和其他生物材料的存放的特别规定？
    Yes, refer to Annex L.
    [MT] 欧洲专利申请
    Refer to Annex B(EP)

    [MT] 附件C -- -- 接收办公室

    [MT] 主管接收办公室为国民和居民:
    Luxembourg
    [MT] 国际申请可用语言提交:
    French,
    German
    Number of copies required by the receiving Office if the international application is filed on paper:
    3
    [MT] 接收局是否接受以电子形式提交国际申请?
    不
    [MT] 接受局是否接受以提及方式纳入 (PCT规则20.6 )?
    是的
    [MT] 接受局是否接受非正式提交彩色图纸并将其转交国际局?
    是的
    [MT] 收件局是否接受恢复优先权的请求(PCT规则26之二.3 )?
    Yes, please refer to the Office for the applicable criteria and/or any fee payable for such requests
    [MT] 国际主管查询机关 :
    EP
    [MT] 国际初步审查主管机关 :
    EP
    Fees payable to the RO:
    [MT] 传输费用 :
    19 EUR
    [MT] 国际申请费:
    This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).
    1,428 EUR
    [MT] 超过30张的每张费用:
    16 EUR
    [MT] 搜索费用:
    Refer to
    Annex D(EP)
    [MT] 优先权文件费 (PCT规则17.1(b ) ) :
    None
    [MT] 接受局是否要求代理人?
    不
    [MT] 谁可以担任代理人?
    Any patent agent registered to practice in Luxembourg or any member of the Luxembourg Bar, as well as any patent agent registered and resident in a member State of the European Economic Area
    [MT] 委托书的放弃:
    [MT] 办公室是否已放弃提交单独授权书的要求?
    是的
    [MT] 办公室是否已放弃提交一般授权书副本的要求?
    是的

    [MT] 附件L - 微生物和其他生物材料的存放

    [MT] 指定和选任办公室的要求
    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
    [MT] 时间(如果有) 早于 16 个月从优先权日,申请人必须提供:
    [MT] 规则13之二.3(a)㈠至㈢所规定的标记：
    None
    [MT] 任何其他说明：
    None
    [MT] 除第13条之二第3款(a)项(一)至(三)目规定的说明外,根据局通知必须提供的其他说明(如有 ) :
    None

    [MT] 全国阶段

    [MT] 进入国家阶段的要求概要

    [MT] 进入国家阶段的适用时间限制:
    Under PCT Article 22(1): 20 months from the priority date
    Under PCT Article 39(1)(a): 30 months from the priority date
    [MT] 专利局是否允许恢复权利(PCT规则49.6 )?
    Yes, the Office permits reinstatement of rights under the “due care” criterion.
    Fee for reinstatement
    25 EUR
    [MT] 国际申请必须翻译成以下语言之一:
    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
    [MT] 进入国家阶段的翻译必须具备以下内容:
    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
    [MT] 在特殊情况下是否需要国际申请副本?
    不
    [MT] 局是否根据其国家法律 接受彩色图纸?
    是的
    [MT] 国家费用 :
    [MT] 申请费
    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
    [MT] 免除、减少或退还费用:
    No filing fee is payable if the international application was filed with the Intellectual Property Office (Luxembourg) as receiving Office.
    [MT] 局的特殊要求(PCT规则51之二 ) :
    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
    [MT] 谁可以担任代理人?
    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
    [MT] 局是否接受接收局恢复优先权的效力(PCT规则49之三.1 )?
    是的
    [MT] 专利局是否接受恢复优先权的请求(PCT规则第49条之三第2款 )?
    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 FORM FOR ENTERING THE NATIONAL PHASE.
    The applicant may use the standard form for filing a Luxembourg patent application and tick the box relating to national phase entry.
    LU.02 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 NP 6.002 and NP 6.003).
    LU.03 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.04 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. Applicants or agents can provide this data to the Office by means of a simple letter or their own form. Legalization is not required. For time limits, refer to the Summary.
    LU.05 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. Applicants or agents can provide this data to the Office by means of a simple letter or their own form. Legalization is not required. For time limits, refer to the Summary.
    LU.06 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.07 AMENDMENT OF THE APPLICATION; TIME LIMITS
    PCT Article 28,
    PCT Article 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.08 REVIEW UNDER PCT ARTICLE 25
    PCT Article 25,
    PCT Rule 51,
    L77 Art. 9

    The applicable procedure is outlined in paragraphs NP 6.018 to NP 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.09 REESTABLISHMENT OF RIGHTS
    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.10 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 transfer to the bank account 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
    Please refer to the Office.
    Current version applicable from 2026年1月1日 , printed on 2026年2月13日
    2.2 #71 - 2026-02-10T18:40:34.131+01:00