PCT NATIONAL PHASE ENTRY
Luxembourg

Luxembourg has been a Contracting Party to the Paris Convention for the Protection of Industrial Property since June 30, 1922, and a Contracting Party to the Patent Cooperation Treaty (PCT) since April 30, 1978. Additionally, Luxembourg is a signatory to the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for Patent Procedures and the Patent Law Treaty (PLT).

As a member of the European Patent Organization (EPO), Luxembourg is also part of the "European Patents with Unitary Effect" system, which launched on June 01, 2023. This system provides unitary effect for European patents (EP) granted in 17 out of the 27 European Union member states, as of January 2024.

The deadline for entering the national phase of a PCT application in Luxembourg is 30 months from the priority date.

The official languages for filing a patent application in Luxembourg are English, French, or German. If the application is submitted in English, a translation of the claims into French or German is required. If the application is filed in any other foreign language, a full translation of the international patent application into either French or German must be provided.

In Luxembourg, there is no provision for an extension to file a late patent application.

Power of Attorney: The Power of Attorney is required to submit at the time of filing the application. Legalization or notarization of the Power of Attorney is not necessary.

Deed of Assignment: If an applicant claims priority from a previous application where they are not the original applicant, a Deed of Assignment must be provided. Legalization is not required.

No filing fee is required if the international application was submitted to the Intellectual Property Office of Luxembourg as the receiving office.

In Luxembourg, patent applications are not subject to substantive examination. Rather, a patent is automatically granted 18 months after the filing date, upon which a certificate of patent is issued.

Annual maintenance fees for patents in Luxembourg are due starting from the third year, with payments required before the last day of the month in which the anniversary of the international filing date occurs. If payment is not made by the due date, a six-month grace period is available during which the fee can still be paid, provided a surcharge is also paid.

In Luxembourg, patents are granted for a term of 20 years from the international filing date. However, to obtain this full term, applicants must request a search report or validate a European Patent Office search report within 18 months of the filing date or priority date.

In 2024, Luxembourg significantly advanced in the Global Innovation Index (GII), achieving the 20th position among 133 economies a notable improvement from its previous ranking. Within the high-income group, Luxembourg secured the 19th spot, and in the European context, it ranked 12th.The nation also demonstrated a strong performance in innovation outputs, moving up to the 21st position, reflecting a substantial gain over the past year. A distinctive aspect of Luxembourg's innovation ecosystem is its leadership in cultural and creative services exports, where it stands at the forefront globally. In 2024, Lux innovation, the national innovation agency, played a pivotal role by assisting 891 companies. This support encompassed driving innovation, facilitating the adoption of advanced digital technologies, and promoting sustainability through innovative solutions. Additionally, Lux innovation fostered the creation of 48 new startups and successfully launched the 14th edition of its startup accelerator program, Fit 4 Start, attracting over 400 applications worldwide. These accomplishments underscore Luxembourg's unwavering commitment to fostering innovation, enhancing its global competitiveness, and solidifying its position as a dynamic and forward-thinking economy.

Luxembourg is known for its high standard of living and strong economy, it is one of the world’s wealthiest nations per capita. Luxembourg is a founding member of the European Union and hosts several key EU institutions. It has a multilingual population, with Luxembourgish, French, and German as official languages. The country is also recognized for its robust financial sector, political stability, and progressive policies in technology, sustainability, and innovation.