The Belgian legislator decided to further regulate the patent attorney profession by means of the law of 8 July 2018. This new law completes the existing regulatory framework (which primarily covers access to the profession) and its three spearheads are:
- the refining of the control of access to the patent attorney profession in Belgium for patent attorneys established in other Member States of the European Economic Area who are exercising their freedom to provide services in Belgium;
- the establishment of an Institute for Patent Attorneys, of which all patent attorneys working in Belgium will be members. This Institute will represent the professional group, maintain the ethical rules and organise ongoing training;
- the introduction of compulsory insurance, the protection of the title of "patent attorney", the introduction of professional secrecy and the possibility, in the event of patent litigation, for patent attorneys to set out the technical or legal aspects of a patent dossier at the hearing.
The law of 8 July 2018, including the creation of the Institute of Patent attorneys, requires further implementing measures. The first phase started on 1st December 2020. You will find furhter information in the information letter of November 10th 2020 (PDF, 775.99 KB).