This guide explains several important aspects of Dutch patents and the application process. If you have any questions after reading it, please contact us.
A patent is an exclusive right that allows you to prevent others from commercially offering, making, selling, or otherwise exploiting your invention. It is therefore a right to exclude others. As a patent holder, you can take action against infringers, including through legal proceedings where necessary.
A common misconception is that a patent automatically gives you the right to use your invention yourself. Even if you hold a patent, using your invention may still infringe someone else’s patent rights.
Dutch patent applications are handled by the Netherlands Patent Office (OCNL) under the Dutch Patents Act.
A prior art search is a mandatory part of the application procedure. Its findings indicate whether your invention is sufficiently new and inventive in light of the prior art to provide meaningful patent protection. The search does not offer a guarantee.
In the Netherlands, a patent is granted regardless of the findings in the search report. If a legal dispute arises later, a court may assess whether the patent meets the requirements of novelty and inventive step. Others can challenge the validity of a granted Dutch patent through revocation proceedings during its lifetime.
This means that virtually every Dutch patent application that meets the procedural requirements results in a granted patent, generally eighteen months after filing.
For valid patent protection, your invention must be new and inventive in light of the knowledge publicly available anywhere in the world on the filing date. This publicly available knowledge is known as the prior art.
Your own actions can also harm your prospects for patent protection. For example, publicly disclosing your invention before filing your patent application may affect its patentability.
A prior art search is required to obtain a Dutch patent. Ideally, you should request it when you file your patent application. For an initial Dutch filing, you must request and pay for the search within thirteen months of the filing date.
You will generally receive the search report within six to nine months of requesting the search. The report is prepared by or on behalf of OCNL and identifies documents, often patent publications, considered relevant to assessing the novelty and inventive step of your invention.
It is important to review the report carefully. This helps you understand what the identified prior art means for your prospects of obtaining valid patent protection. It is particularly relevant if you intend to seek protection abroad based on your Dutch application.
We can analyze the findings, identify potential obstacles, and advise you on how to address them.
Although the search is carried out by specialist examiners, further relevant prior art may emerge later. The search report is therefore indicative and does not provide a guarantee.
We advise keeping your invention confidential at least until the filing date. If you share it with others before then, whether orally or in writing, do so only under a strict written confidentiality agreement.
You can choose between a national-type search and an international-type search. OCNL charges the following official fees:
In principle, both searches are substantively equivalent. An international-type search is always carried out by the European Patent Office. A national-type search is generally carried out by OCNL, which may also outsource it to the European Patent Office.
An international-type search may offer cost and procedural advantages if you are considering a European or international patent application after your Dutch filing. These benefits may justify the higher search fee.
The search findings may give you reason to amend your Dutch patent application before grant. This can make the resulting patent easier to defend later. The amended text may also be useful for corresponding patent applications outside the Netherlands.
After your first Dutch patent application, you have one year to decide whether to seek patent protection in other countries while retaining the priority of your first application. This period is called the priority year.
A single Dutch patent application may therefore be sufficient initially. During the priority year, you and your patent attorney can decide which next steps suit your plans.
A Dutch patent is generally granted and published eighteen months after filing. Once published, the contents of your application are publicly available. After grant, you can take action against patent infringement.
If you suspect infringement before then, contact your patent attorney to discuss whether accelerated grant is possible.
To keep your Dutch patent in force, you must pay annual renewal fees to OCNL from the fourth patent year. The first payment must be made before that fourth year begins. The fees increase over the years.
Each year, we will ask for your instructions in good time on whether to pay the renewal fees. If these fees are not paid or are paid late, your patent may lapse.
By paying the renewal fees, you can keep your Dutch patent in force for a maximum of twenty years from the filing date.
