Coming soon: Reduction of the Scope of the “Research Exemption” Under Belgian Patent Law

As from 1 June 2023, the date on which the Agreement on a Unified Patent Court (the “UPC Agreement”) will enter into force, the scope of the “research exemption” under Belgian law will become more limited. Art. XI.34, §1, b) of the Belgian Code of Economic Law (“BCEL”) will no longer exempt “acts done for scientific purposes with the subject-matter of a patented invention” but only “acts done for experimental purposes relating to the subject-matter of the patented inven- tion”, similar to Art. 27, (b) of the UPC Agreement.

Since 2005, Belgian patent law had been known for the particularly broad scope of its exception to the exclusive patent rights in case of “acts done for experimental purposes” (the so-called “research exemption”). Read more