problem-solution approach<\/strong>: what technical problem does the invention solve, what was the state of the art, and was the proposed solution sufficiently surprising for a skilled person? A patent can be invalidated if the court finds insufficient inventive step (ECLI:NL:RBDHA:2025:11810).<\/p>\n\n\n\n3.3 Industrial Applicability (Article 7 ROW 1995)<\/h2>\n\n\n\n The product or process must be capable of being made or applied in industry (including agriculture). A perpetual motion machine that is physically impossible, or a purely scientific theory without practical application, falls outside this scope.<\/p>\n\n\n\n
3.4 What Is Not Patentable?<\/h2>\n\n\n\n Article 2(2) ROW 1995 explicitly excludes specific categories. Discoveries<\/strong> (establishing something that already exists), mathematical methods<\/strong>, aesthetic designs<\/strong>, business methods<\/strong>, and computer programs \u2018as such\u2019<\/strong> are not patentable. The latter deserves nuance: software that produces a technical effect \u2013 for example, software controlling a braking system in a car, or improving image processing in an MRI scanner \u2013 can be protected under certain conditions. The decisive factor is the technical contribution the software makes.<\/p>\n\n\n\nMethods for surgical or therapeutic treatment are also excluded, although medical devices and pharmaceutical products are certainly patentable.<\/p>\n\n\n\n
3.5 Inventions Made in the Course of Employment<\/h2>\n\n\n\n A point that many employees and employers overlook: inventions made in the course of employment belong, in principle, to the employer<\/strong>, provided that it was part of the employee\u2019s duties to develop such inventions (Article 12 ROW 1995). This applies not only to R&D staff but to any employee whose role encompasses developing technical solutions. Always check your employment contract and any supplementary IP clauses.<\/p>\n\n\n\n4. The Procedure Step by Step \u2013 From Idea to Granted Patent<\/h1>\n\n\n\n Applying for a patent is a formal process in which deadlines are sacrosanct. Below are the chronological steps for a Dutch application. Every missed deadline can have irreversible<\/strong> consequences.<\/p>\n\n\n\nStep 1 \u2013 Prior Art Search<\/h2>\n\n\n\n Before investing a single euro, you need to establish whether your idea is truly new. Conduct a preliminary search in free patent databases such as Espacenet (the EPO\u2019s database containing over 150 million documents). If you find your invention or something comparable already registered, you save yourself thousands of euros in futile application costs.<\/p>\n\n\n\n
Step 2 \u2013 Confidentiality<\/h2>\n\n\n\n As explained above: confidentiality is crucial until the moment of filing<\/strong> your application. Once your application has been filed, your priority date is secured. From that point onwards, you are free to communicate openly about your invention without jeopardising your patent rights. The application itself remains confidential until publication after 18 months (Article 31 ROW 1995), but the novelty requirement only tests whether the invention was publicly available before the filing date.<\/p>\n\n\n\nIf you need to speak with third parties before filing \u2013 for instance, for prototype production or financing \u2013 always use a watertight non-disclosure agreement (NDA)<\/strong>.<\/p>\n\n\n\nStep 3 \u2013 Filing the Application<\/h2>\n\n\n\n You file the application with the Netherlands Patent Office. This can be done online (\u20ac80) or on paper (\u20ac120). The most critical component is the patent specification<\/strong>: a document containing a detailed description of the invention, drawings, and the claims<\/strong>. The claims are legally decisive: they define the scope of your monopoly (Articles 24 and 54b ROW 1995). Claims formulated too broadly lead to invalidation; claims formulated too narrowly make it easy for competitors to design around them.<\/p>\n\n\n\nStep 4 \u2013 Prior Art Search Request (IPT Search)<\/h2>\n\n\n\n Within 13 months<\/strong> of filing (or the priority date), you must request a search of the state of the art (Article 32 ROW 1995). A national search costs \u20ac100; an international-type search (IPT, comparable to the search under the PCT) costs \u20ac794.<\/p>\n\n\n\nImportant:<\/strong> if you fail to file this request or file it late, your application is definitively terminated<\/strong> (Article 32(3) ROW 1995). Reinstatement is only possible in excusable circumstances (Article 23 ROW 1995) and is applied very restrictively in case law (ECLI:NL:RVS:2015:958).<\/p>\n\n\n\nThe IPT search report provides an expert assessment of the novelty and inventive step of your invention. Although this report does not bind the court \u2013 the court makes its own independent assessment (ECLI:NL:HR:2016:2834) \u2013 it serves as an important piece of evidence in any disputes.<\/p>\n\n\n\n
Step 5 \u2013 Publication After 18 Months<\/h2>\n\n\n\n Exactly 18 months after the filing date, your application is entered in the patent register and made public (Article 31 ROW 1995). Until that point, everything has remained confidential. From this moment, the entire world can see what you have invented. This also marks the beginning of your \u2018provisional protection\u2019: from publication onwards, you may claim reasonable compensation from parties using your invention without permission.<\/p>\n\n\n\n
Step 6 \u2013 Grant and Registration<\/h2>\n\n\n\n Following formal examination, the patent is granted and entered in the patent register (Article 36 ROW 1995). The protection formally commences on the date the grant is published but has retroactive effect to the filing date<\/strong> (Article 36(4) ROW 1995). This is a crucial legal point: acts occurring before the grant but after the filing date can also constitute infringement.<\/p>\n\n\n\nCurrent Development: Legislative Reform Ahead<\/strong> The Netherlands is moving towards a system in which all patent applications will be substantively examined against the patentability criteria. This should improve the quality of Dutch patents and give entrepreneurs greater certainty about the value of their rights, particularly when licensing or attracting investors.<\/td><\/tr><\/tbody><\/table><\/figure>\n\n\n\nStep 7 \u2013 Maintenance<\/h2>\n\n\n\n A patent is not free to maintain. From the fourth year<\/strong> after filing, you must pay annual maintenance fees. These start modestly (approximately \u20ac40) but increase to \u20ac1,400 in the 20th year. Failure to pay results in the immediate lapse of your patent.<\/strong> It is advisable to set up a reminder system or have your patent attorney manage this.<\/p>\n\n\n\n5. When Is Your Invention Protected \u2013 and What Can You Do With It?<\/h1>\n\n\n\n5.1 Scope of Protection<\/h2>\n\n\n\n The scope of your protection is determined by the claims<\/strong> in your patent specification (Article 54b ROW 1995). The description and drawings serve to interpret these claims. The court assesses the scope of protection from the perspective of the person skilled in the art on the filing date (ECLI:NL:HR:2014:816). Everything that falls within the scope of your claims is your exclusive territory.<\/p>\n\n\n\n5.2 Exclusive Rights of the Patent Holder<\/h2>\n\n\n\n As patent holder, you have the right to prohibit third parties from manufacturing, using, stocking, selling, or importing<\/strong> your patented invention (Article 53 ROW 1995). You can also take action against suppliers providing essential means with which your invention can be reproduced (Article 54 ROW 1995).<\/p>\n\n\n\n5.3 Enforcement in Case of Infringement<\/h2>\n\n\n\n If your patent is infringed, the law provides a broad arsenal of legal remedies (Article 70 ROW 1995):<\/p>\n\n\n\n
\nInjunction<\/strong> \u2013 including in summary proceedings (interim relief)<\/li>\n\n\n\nDamages<\/strong> \u2013 compensation for the actual loss suffered<\/li>\n\n\n\nAccount of profits<\/strong> \u2013 the profits the infringer made using your invention<\/li>\n\n\n\nDestruction or recall<\/strong> \u2013 of infringing products from the market<\/li>\n\n\n\nInformation order<\/strong> \u2013 regarding distribution channels and customers<\/li>\n\n\n\nPublication of the judgment<\/strong> \u2013 to inform the market<\/li>\n<\/ul>\n\n\n\n5.4 Defences Available to the Alleged Infringer<\/h2>\n\n\n\n The opposing party is not without defences. The most important defence is the invalidity defence<\/strong>: the argument that your patent is actually invalid due to lack of novelty or inventive step (Article 75 ROW 1995). This defence can be raised in any infringement proceeding (ECLI:NL:HR:2008:BC0375). Other defences include: the product does not fall within the scope of protection, exhaustion of patent rights, or the argument that the alleged infringer was already working with the invention before the filing date (prior user right).<\/p>\n\n\n\n6. Legal Remedies \u2013 Refusal, Invalidation, and Opposition<\/h1>\n\n\n\n Patent law provides various procedures for situations where something goes wrong, whether with your own application or with a competitor\u2019s patent.<\/p>\n\n\n\n
6.1 If Your Application Is Refused<\/h2>\n\n\n\n If your Dutch patent application is refused \u2013 for example, due to formal deficiencies \u2013 you may appeal to the District Court of The Hague<\/strong> (Article 81 ROW 1995). For European patents, appeal is possible before the Boards of Appeal of the EPO within two months of the decision (Article 108 EPC).<\/p>\n\n\n\n6.2 Invalidation of a Granted Patent<\/h2>\n\n\n\n Any interested party may file a claim for invalidation<\/strong> of a granted patent before the District Court of The Hague<\/strong> (which has exclusive jurisdiction for patent disputes), particularly on grounds of lack of novelty or inventive step (Article 75(1)(a) ROW 1995). The party seeking invalidation must submit an advisory opinion from the Netherlands Patent Office on the grounds for invalidity (Article 76 ROW 1995). The court\u2019s decision may be appealed to the Court of Appeal of The Hague and subsequently to the Supreme Court (Hoge Raad<\/em>).<\/p>\n\n\n\n6.3 Opposition to a European Patent<\/h2>\n\n\n\n For European patents, opposition<\/strong> may be filed with the EPO within nine months of grant<\/strong> (Article 138 EPC). Additionally, invalidation may be sought before the national court or the Unified Patent Court. This provides competitors with an effective mechanism to challenge weak European patents.<\/p>\n\n\n\n7. Costs \u2013 What Does a Patent Cost?<\/h1>\n\n\n\n A patent is an investment. The official fees payable to the government are relatively low, but the real costs lie in the expertise of the patent attorney who drafts the patent specification. A poorly written specification renders your patent worthless \u2013 economising here is penny wise, pound foolish.<\/p>\n\n\n\nRoute<\/strong><\/td>Indicative Costs<\/strong><\/td><\/tr>Dutch patent (total)<\/td> \u20ac 6,000 \u2013 \u20ac 10,000 (incl. attorney)<\/td><\/tr> European patent (to grant)<\/td> \u20ac 10,000 \u2013 \u20ac 30,000<\/td><\/tr> PCT route (international phase)<\/td> \u20ac 10,000 \u2013 \u20ac 15,000 (first 30 months)<\/td><\/tr> Annual maintenance fees<\/td> \u20ac 40 (year 4) rising to \u20ac 1,400 (year 20)<\/td><\/tr> Summary proceedings (infringement)<\/td> \u20ac 15,000 \u2013 \u20ac 30,000<\/td><\/tr> Full proceedings (infringement)<\/td> \u20ac 50,000 \u2013 \u20ac 100,000+<\/td><\/tr><\/tbody><\/table><\/figure>\n\n\n\nGrants and Savings<\/h2>\n\n\n\n\n30% fee reduction at the EPO<\/strong> for SMEs, micro-enterprises, individual inventors, universities, and non-profit organisations<\/li>\n\n\n\nSME Fund<\/strong> \u2013 an EU subsidy providing vouchers for IP protection costs<\/li>\n\n\n\nWBSO<\/strong> \u2013 a Dutch tax incentive for R&D hours and costs, including expenditures on patent research<\/li>\n<\/ul>\n\n\n\n8. Common Mistakes and Practical Tips<\/h1>\n\n\n\n\nSilence is golden. <\/strong>Never disclose your invention before the filing date. No social media posts, no public pitch events, no trade press articles. A single publication can be fatal.<\/li>\n\n\n\nEngage a patent attorney. <\/strong>An estimated 95% of self-drafted patents provide insufficient legal protection. The cost of a professional attorney pays for itself many times over.<\/li>\n\n\n\nA deadline is a deadline. <\/strong>In patent law, \u2018too late\u2019 comes with consequences. A missed deadline for the prior art search means the end of your application. Reinstatement is exceptional.<\/li>\n\n\n\nChoose your countries strategically. <\/strong>Only seek protection where your market is or where you manufacture. A patent in a country without competitors or customers is money thrown away.<\/li>\n\n\n\nStrike the right balance in your claims. <\/strong>Too broad leads to invalidation by the court; too narrow makes it easy for competitors to design around your patent.<\/li>\n\n\n\nKnow the alternatives. <\/strong>For non-technical innovations, copyright, design rights, or a combination thereof may be a better (and more affordable) option.<\/li>\n<\/ol>\n\n\n\n9. Frequently Asked Questions (FAQ)<\/h1>\n\n\n\nWhat is the difference between an \u2018octrooi\u2019 and a \u2018patent\u2019?<\/h3>\n\n\n\n There is no difference. \u2018Octrooi\u2019 is the official Dutch term, and \u2018patent\u2019 is the international and English term. In practice, the words are used interchangeably for exactly the same right.<\/p>\n\n\n\n
How long does it take to obtain a patent?<\/h3>\n\n\n\n In the Netherlands, the process from application to grant takes an average of 18 to 24 months. A European procedure takes longer, typically 3 to 5 years due to the substantive examination. Via the PCT route, you can extend the decision phase to 30 months from the first filing.<\/p>\n\n\n\n
Can I patent software?<\/h3>\n\n\n\n Software \u2018as such\u2019 (the code alone) is not patentable and falls under copyright law. However, if the software forms part of a technical solution<\/strong> or produces a technical effect \u2013 for example, improved image processing in an MRI scanner or a more efficient control algorithm for industrial machinery \u2013 it may well be patentable. The decisive factor is the technical contribution.<\/p>\n\n\n\nWhat if someone copies my invention before the patent is granted?<\/h3>\n\n\n\n After publication of your application (after 18 months), you may claim reasonable compensation from third parties using your invention without permission. Only after the actual grant can you demand a full injunction, but the protection then has retroactive effect to the filing date.<\/p>\n\n\n\n
Do I need to maintain confidentiality until my patent is granted?<\/h3>\n\n\n\n No, this is a common misunderstanding. Confidentiality is crucial until the moment of filing<\/strong>. Once your application has been filed and you have a date stamp, your priority date is secured. From that moment onwards, you are free to publish and communicate without losing your rights.<\/p>\n\n\n\nCan my employer claim my invention?<\/h3>\n\n\n\n Yes, in many cases. If you make an invention in the course of your employment and it was part of your duties to develop such inventions, the patent right belongs to the employer (Article 12 ROW 1995). Check your employment contract and any IP clauses. In cases of doubt, it is advisable to make arrangements in advance.<\/p>\n\n\n\n
What does it cost to enforce a patent in case of infringement?<\/h3>\n\n\n\n Litigation is expensive. Summary proceedings (interim relief) typically cost \u20ac15,000 to \u20ac30,000. Full proceedings on the merits can run to \u20ac100,000 or more. On the positive side, the losing party in IP cases often has to pay a substantial portion of the winning party\u2019s full legal costs.<\/p>\n\n\n\n
Can a granted patent still be invalidated?<\/h3>\n\n\n\n Yes, and this happens regularly. Because the Netherlands operates a registration system without substantive examination, patents are only truly tested when they come before the court. Any interested party may seek invalidation before the District Court of The Hague (Article 75 ROW 1995). For European patents, opposition may also be filed with the EPO within nine months of grant.<\/p>\n\n\n\n
What is the difference between the unitary patent and a \u2018regular\u2019 European patent?<\/h3>\n\n\n\n With a classic European patent, you validate per country individually (translation and fees per country). With the unitary patent, a single registration grants you protection in 18 EU member states simultaneously, with one annual maintenance fee and one central court (the UPC) for disputes. The unitary patent is particularly attractive if you need protection in five or more countries.<\/p>\n\n\n\n
10. Conclusion<\/h1>\n\n\n\n Applying for a patent is one of the most powerful means of increasing the value of your business and safeguarding your innovations. The Dutch system is relatively accessible, but it requires a watertight strategy: complete confidentiality until filing, a carefully drafted patent specification, strict compliance with all deadlines, and a well-considered country selection.<\/p>\n\n\n\n
The legal complexity \u2013 from the interplay between national and European patents to invalidity risks and enforcement proceedings \u2013 makes expert guidance indispensable. Contact a registered patent attorney or a lawyer specialised in intellectual property to discuss your options and strategy. Innovation deserves the best protection.<\/gwmw><\/p>\n\n\n\nSources<\/h2>\n\n\n\n\nDutch Patents Act 1995 (Rijksoctrooiwet 1995 \/ ROW 1995)<\/li>\n\n\n\n European Patent Convention (EPC)<\/li>\n\n\n\n Patent Cooperation Treaty (PCT)<\/li>\n\n\n\n Regulation (EU) No 1257\/2012 (unitary patent)<\/li>\n\n\n\n Netherlands Patent Office (octrooicentrum.nl)<\/li>\n\n\n\n Netherlands Enterprise Agency (rvo.nl)<\/li>\n\n\n\n ECLI:NL:HR:2014:816 (scope of protection)<\/li>\n\n\n\n ECLI:NL:PHR:2024:1407 (inventive step test)<\/li>\n\n\n\n ECLI:NL:RBDHA:2025:11810 (invalidation for lack of inventive step)<\/li>\n\n\n\n ECLI:NL:HR:2008:BC0375 (invalidity defence)<\/li>\n<\/ul>\n\n\n\n<\/gwmw><\/p>\n","protected":false},"excerpt":{"rendered":"1. Introduction \u2013 Why Is a Patent Essential for Entrepreneurs? You have spent months \u2013 perhaps years \u2013 working on a technical breakthrough. A new manufacturing process, an innovative medical device, or a smart sensor that measures something previously thought impossible. The next step is bringing that innovation to market. But without legal protection, any […]<\/p>\n","protected":false},"author":15,"featured_media":290487,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"inline_featured_image":false,"site-sidebar-layout":"default","site-content-layout":"","ast-site-content-layout":"default","site-content-style":"default","site-sidebar-style":"default","ast-global-header-display":"","ast-banner-title-visibility":"","ast-main-header-display":"","ast-hfb-above-header-display":"","ast-hfb-below-header-display":"","ast-hfb-mobile-header-display":"","site-post-title":"","ast-breadcrumbs-content":"","ast-featured-img":"","footer-sml-layout":"","ast-disable-related-posts":"","theme-transparent-header-meta":"","adv-header-id-meta":"","stick-header-meta":"","header-above-stick-meta":"","header-main-stick-meta":"","header-below-stick-meta":"","astra-migrate-meta-layouts":"set","ast-page-background-enabled":"default","ast-page-background-meta":{"desktop":{"background-color":"var(--ast-global-color-4)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"tablet":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"mobile":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""}},"ast-content-background-meta":{"desktop":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"tablet":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"mobile":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""}},"footnotes":""},"categories":[50],"tags":[],"class_list":["post-290486","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-blog"],"_links":{"self":[{"href":"https:\/\/highpowerlasertherapy.com\/law\/wp-json\/wp\/v2\/posts\/290486","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/highpowerlasertherapy.com\/law\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/highpowerlasertherapy.com\/law\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/highpowerlasertherapy.com\/law\/wp-json\/wp\/v2\/users\/15"}],"replies":[{"embeddable":true,"href":"https:\/\/highpowerlasertherapy.com\/law\/wp-json\/wp\/v2\/comments?post=290486"}],"version-history":[{"count":1,"href":"https:\/\/highpowerlasertherapy.com\/law\/wp-json\/wp\/v2\/posts\/290486\/revisions"}],"predecessor-version":[{"id":290625,"href":"https:\/\/highpowerlasertherapy.com\/law\/wp-json\/wp\/v2\/posts\/290486\/revisions\/290625"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/highpowerlasertherapy.com\/law\/wp-json\/wp\/v2\/media\/290487"}],"wp:attachment":[{"href":"https:\/\/highpowerlasertherapy.com\/law\/wp-json\/wp\/v2\/media?parent=290486"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/highpowerlasertherapy.com\/law\/wp-json\/wp\/v2\/categories?post=290486"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/highpowerlasertherapy.com\/law\/wp-json\/wp\/v2\/tags?post=290486"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}