On 2 October, the Council of Ministers approved a bill put forward by Economy Minister David Clarinval aimed at tackling the abusive reuse of patent applications in Belgium.
For several years, the Belgian Intellectual Property Office (OPRI) has observed a sharp rise in applications, mainly from China, that are copies of already published patents. These applications, which clearly lack novelty, are filed solely to obtain subsidies granted in China for issued patents. Since the Belgian system only carries out a formal check of applications, these patents can be granted despite having no inventive value.
This practice comes at a cost to the Belgian State. Each application requires a search report, invoiced to the applicant at €300, whereas its actual cost is around €2,300. The difference of €2,000 per application is borne by the Public Treasury.
David Clarinval, Minister of Economy: "We must protect our patent system from abuse. A strong, high-quality framework is essential to protect innovation and give businesses the legal certainty they need to invest. The patent must remain a genuine tool for turning innovation into value, for the benefit of business growth and our economy."
The bill gives OPRI the power to identify reused applications, that is, those which substantially constitute a copy or translation of an earlier published application, without a valid right of priority, and to inform the applicant. The applicant will have one month to submit observations before any decision is taken. If they cannot demonstrate that it is a new invention, the application will be withdrawn. This power will be enshrined in the Code of Economic Law.
The bill was discussed with the Intellectual Property Council and the Institute of Patent Attorneys. This reform will help preserve the quality of the register, strengthen legal certainty for businesses and combat the misuse of public funds. Savings for the Treasury are estimated at more than €100,000.