Patent registration in the Netherlands – Any company that owns a patent and plans to expand its business in the Dutch market, and create lasting value and find investors for their patent or future patent licensors should use the Dutch patent system. It is paramount for businesses to file a patent application in the Netherlands for inventions, even if the launch of the respective product on the Dutch market has not yet taken place.
Deadline for filing a patent application in the Netherlands
The deadline for filing a patent application in the Netherlands claiming priority is normally 12 months from the priority date. Restoration of this deadline may be subject to strict requirements but does not occur frequently.
Patent application in the Netherlands
The official language of patent registration in the Netherlands is Dutch. The original description and request may be submitted in any language, provided that the translation is submitted within three months of receipt of the notice. The patent description can be drafted in English or Dutch, the title document must be drafted in Dutch.
The following information and documents need to be provided in the Dutch patent application:
- the name and address of the patent applicant and the patent agent;
- patent claims;
- Patent description;
If priority is requested, a certified copy of the priority document must be filed within 16 months of the 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 in the Netherlands.
The Dutch Patent Office does not require a Deed of Assignment.
Examination of patent applications in the Netherlands
In the Netherlands, a request for a new examination of an invention is mandatory and must be filed within 13 months of the priority date. There is no substantive examination of patent applications in the Netherlands.
Patent validity and renewal
Patents in the Netherlands are valid for twenty years from the date of filing. Annual payments for Dutch patents start from year 4 and are payable on or before the last day of the month of the filing date.
The renewal period for novelty in the Netherlands is six months before the application date or priority date if the following requirements are met:
- The disclosure of the invention occurred when the applicant or the owner of the invention was taken advantage of;
- An invention disclosure is the result of a display of the invention at an official or officially recognized international exhibition.
The time frame of the patent application procedure
The average patent application processing time in the Netherlands is 3 years.
Represented by a patent attorney
International applicants must conduct a patent search in the Netherlands through a law firm, or an experienced patent attorney.
You can find the list of Netherlands IP firms here.