Applying for assistance to file a patent

SMEs active in any sector.

Target audience – Eligibility criteria

• The company is an SME, within the meaning of the European definition (see the explanatory document below), which employs fewer than 250 people and has annual turnover below €50 million or a balance sheet total that does not exceed €43 million.
• The SME must be an individual performing an economic activity, be registered with the Banque-Carrefour des Entreprises (BCE) and be established in a commercial form in accordance with the Code of Companies.
• The SME must have at least one significant business unit in Wallonia.
• The SME must not be experiencing financial difficulties within the meaning of the European Directive (see the explanatory document below).

Assessment criteria:

• The invention must relate to a profitable industrial or commercial use in the Walloon region;
• The company undertakes to add value to the patent(s), in line with the region’s interests regarding technological innovation and economic development;
• The company must be in good financial standing and be able to find financing for the current and expected future needs of the project.

Exclusions:

• Maintenance costs for the patent(s) issued (e.g. annuities)
• Any expenses that were incurred prior to the declaration of intent
• Costs that are not invoiced by a patent lawyer approved by the European Patent Office (EPO) or the Belgian Patent Office (OPRI) until the issuance of the patent(s).

The subsidy may represent between 15 and 50% of all patent costs (fees and taxes), which are invoiced by a patent agent who is approved by the European Patent Office (EPO) or by the Belgian Patent Office (OPRI), until the patents are issued.

For information about the procedure for submitting subsidy applications and the deadlines to follow, please refer to Point 7.4 (page 14) of the practical guide, which can be downloaded below. It is also available upon request.

Before any initial request for Win4Expertise assistance (regardless of the type of aid requested), it is mandatory to submit a declaration of intent: this declaration of intent must be submitted before the submission (or extension) of the patent application with the Patent Office(s) and has a maximum period of validity of seven months. During this time, the request for assistance must be submitted to our service.

After this period, no request for assistance will be accepted and, if the company still wants to receive assistance, it will have to submit a new declaration of intent.

In this case, only this last declaration of intent will be taken under consideration.

For further details, see the ‘Practical guide to intellectual property aid in Wallonia’, which can be downloaded below.

The application is submitted via an electronic form on the ONTIME platform.

If the decision is in your favour and the budgetary credits are available, an agreement between the Walloon region and the company is concluded for the study and specifies the rights and obligations of each of the parties, where applicable.

Appeal procedures

How can I contact the department who made the decision?

You may contact the administrative department that made the decision at any time, independently of the appeal procedures outlined below, notably to:

• obtain additional explanations concerning the decision;
• complete your initial application with elements that are not known by the administration;
• communicate the reasons behind your dispute.

 You must contact the following department:

PSW Economy, Employment and Research
Technological Research and Development Department
Boulevard Cauchy 43-45 à 5000 NAMUR 
Tél. : +32 (0)81 77 86 82

This free process is not subject to any specific formalities and does not suspend the periods for filing an appeal. The absence of a response from the administration does not constitute acceptance of your request.

How to file an appeal

Unless the dispute can be viewed as relating to a subjective right – in which case only courts of law and legal tribunals have jurisdiction – an appeal may be submitted to the State Council, in accordance with the procedures outlined below.

Request for cancellation

Cancellation of the decision may be requested by filing a request with the State Council, either:

• electronically  to https://eproadmin.raadvst-consetat.be  ;
• via a signed and dated registered letter to

Conseil d’État

Greffe

Section du Contentieux administratif

Rue de la Science, 33

1040 Brussels

You must submit your request within 60 calendar days from the date of notification for the disputed decision.

In your request, you must indicate the ‘reasons’ for your appeal, that is, the legal rights that have been infringed by the decision and the way in which they have been infringed.

Request for suspension

Sending a cancellation request does not suspend the effects of the decision.

If an emergency arises which is incompatible with the processing of the case, and if a serious argument is manifestly likely to lead to the cancellation, you may file a request to suspend the decision with the State Council.

The request for suspension may be submitted before, at the same time as, or after sending the request for cancellation.

In exceptional cases, and under specific conditions, you may also request the suspension of the decision in cases of extreme emergency.

Practical information

Requests for cancellation and suspension requests are only valid if they contain certain annexes and information. Reference is made to the coordinated laws and decrees mentioned below, which are available at http://www.raadvst-consetat.be (‘Procedure’ section).

Each requesting party must pay a fee of €200 (amount as of 9 January 2017), using a transfer form that will be sent to the party after the appeal is received. Payment is not currently subject to any deadline and the payment of the sum may be made at any time before the closure of the dispute.

Find out more: laws on the State Council, coordinated on 12 January 1973, Regent Decree of 23 August 1948 determining the procedure before the administrative disputes department of the State Council, Royal Decree of 5 December 1991 determining interlocutory proceedings before the State Council, which are available at http://www.raadvst-consetat.be (“procedure” section).

• Decree of 3 July 2008 concerning support for research, development and innovation in Wallonia
• Decree from the Walloon Government of 18 September 2008 concerning support for research, development and innovation in Wallonia, which was amended on 15 May 2014
• Text concerning the management of State aid for research, development and innovation (2014/C 198/01)
• General Block Exemption Regulation (GBER) - State aid (Wallonia.be)