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Luxembourg - Revised Patent Law

Luxembourg enacted a new patent law some years ago. However, it is only to come into effect on January 1, 1998. For the most part, it follows the provisions of the European Patent Convention. The following points are worth noting.

1) Internal priority is provided for.

2) There will be automatic publication eighteen months from the filing date or, where priority is claimed, from the earliest claimed priority date.

3) The applicant will be required to submit a search report drawn up by a designated authority within seven years of the filing date.

4) Acts of direct and indirect infringement are defined along the lines of the definitions in the Community Patent Convention.

5) If the practice of the invention involves the use of a microorganism that is not available to the public, a sample must be deposited with an approved institution.


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