1 January 2011CopyrightMichiel Rijsdijk

Business brief 2011: Netherlands

Patents

How do you register or secure patent rights, and is national or international coverage most appropriate?

One can choose to acquire a patent in the Benelux (Belgium, the Netherlands, Luxembourg) via a national patent application or a European patent (EP) application, in which the three Benelux countries will be designated. A Dutch patent application is filed through the Dutch Patent Office. The applicant has to request a search report if one is not available.

This report gives parties the opportunity to form an opinion on the validity of the patent. A Dutch patent is granted for 20 years. Once a EP patent has been obtained with a Dutch designation for the same invention, the Dutch patent loses its effect.

An EP is filed at the European Patent Office. The application is examined for novelty and inventiveness. A negative result leads to a refusal, which can be appealed. A granted patent can be opposed by third parties within nine months of the grant. Both parties can appeal against the opposition decision.

A national Dutch or Belgian patent cannot be obtained through an international (Patent Cooperation Treaty) application. The International application needs to enter the European regional phase and proceed to grant.

What are the costs of registering a patent, and what are the costs of defending it?

The costs of filing on the basis of an available earlier filing in English are:

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