Projet de loi modifiant la réglementation relative à la délivrance du brevet d'invention et au régime de taxes dues en matière de brevets d'invention et en matière de certificats complémentaires de protection.
General information ¶
- Submitted by
- PS | SP MR Open Vld Vooruit Purple Ⅰ
- Submission date
- Nov. 20, 2006
- Official page
- Visit
- Status
- Adopted
- Requirement
- Simple
- Subjects
- tax intellectual property patent patent law invention
Voting ¶
- Voted to adopt
- CD&V Vooruit Ecolo LE PS | SP Open Vld N-VA MR FN VB
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Discussion ¶
Feb. 8, 2007 | Plenary session (Chamber of representatives)
Full source
Rapporteur Guy Hove ⚙
Mr. Speaker, the committee discussed this draft at the meeting of 24 January. In the introductory presentation, the Minister pointed out the double purpose of this draft:
On the one hand, the establishment of the legal system applicable to the written opinion on the patentability of inventions for which a Belgian patent application is filed. This written opinion relates to novelty, inventive activity and industrial applicability.
On the other hand, it is an adaptation of the Belgian system of fees on patents and supplementary protection certificates.
For the patent application, a new research report on the invention shall be drawn up, accompanied by a written opinion on its patentability. This written opinion gives the applicant the opportunity to verify whether he is entitled to a patent. If this seems unlikely, he may withdraw his application. This shortens the procedure and discharges the Belgian Intellectual Property Service. The written opinion shall be drawn up by the European Patent Office. It is not binding. The applicant can therefore continue his proceedings if he considers it necessary.
The tax system is also adjusted. There are currently three taxes: the filing tax, the search tax and the annual patent retention tax. Belgium currently has one of the highest taxes on innovation research. This reduces the access of SMEs to the patent system. Therefore, with this design, the tax is reduced. In exchange, the annual tax is increased because it has not been indexed since 1995 and because it is among the lowest in Europe.
During the general discussion, colleague Creyf asked a number of questions to the Minister. Collega Lano supports the bill and also states that the fact that a written opinion is given at European level for Belgian patent applications is a form of administrative simplification.
A number of amendments were submitted and unanimously adopted by the committee. Finally, the committee unanimously approved this amended draft at its meeting on 24 January.