patents in the Netherlands

 

Netherlands Patent Office

The Netherlands Patent Office is part of the Ministry of Economic Affairs and is responsible for granting patents in the Netherlands.

 

Patent application

A patent sought from the Netherlands Patent Office will result in a Dutch patent, provided that a number of formal requirements are met. Following the submission the patent application, an investigation is carried out into the state of the art and is recorded in a Novelty Report. This report, together with an opinion on the substantive patent requirements such as patentability, novelty, inventive step and industrial application will be sent to the applicant or their patent attorney. It is left to the applicant whether to amend the application if the Novelty Report and/or the opinion gives grounds for doing so.

No substantive assessment is made of novelty or inventive step - that is left to the courts. The patent application is granted through entry in the register. Registration generally takes place 18 months after the submission of the application. The patent can be maintained for up to 20 years by paying annual maintenance fees.

 

Recent changes to the Patent Act (Rijksoctrooiwet)

With effect from 5 June 2008 it is no longer possible to apply for a 6 year patent and the application can also be written in English, provided that the claims are written in Dutch. For more information visit the Netherlands Patent Office