Patent registration in BOIP – Any company that owns a patent and intends to expand its business in the BOIP market and create long-term value and find investors for future patents or patents should use the BOIP patent system. It is paramount for businesses to file patent applications at the BOIP for inventions, even if the launch of the respective product on the BOIP market has not yet commenced.
The Benelux is a political and economic union of three neighboring countries in northwestern Europe: Belgium, the Netherlands, and Luxembourg. The official agency that registers trademarks and designs in Benelux is the Benelux Intellectual Property Office (BOIP).
Deadline for filing a patent application at BOIP
Applicants who have applied in BOIP member states can claim ordinary priority within 12 months from the priority date. Restoration of this deadline is possible under strict requirements and is not always accepted.
The official language when registering a patent at BOIP at the BOIP Intellectual Property Office is Dutch. The original description and claim may be written in any language, as long as a translation is filed within three months of the corresponding notice. The description can be written in English or Dutch, the claim must be in Dutch.
The following information and documents must be provided in the patent application to the BOIP Patent Office:
- patent claims;
- the applicant’s name and door address;
- Description of invention, claims;
- If priority is requested, a certified copy of the Priority Document must be filed within 16 months of the earliest priority date. This document must be prepared in Dutch, French, German, or English.
A Power of Attorney is not required when filing a patent application at BOIP.
If the applicant is not the inventor of the invention, an explanation of the applicant’s rights to the invention must be added to the application.
Examination of patent applications at BOIP
A novelty examination request is required and must be submitted within 13 months of the priority date. There is no substantive examination of the patent application.
Patent validity and renewal
No formal degree award is prescribed. Patent validity in BOIP is 20 years from the filing date. The first maintenance fees must be paid after the patent is granted starting in the 4th year from the filing date, on the last day of the filing month.
The average processing time for a Dutch patent application from application to grant is three years.
Represented by a patent attorney
International applicants must conduct a patent search at the BOIP through a law firm, or an experienced patent attorney.