NETHERLANDS

• INTERNATIONAL TREATIES TO WHICH NETHERLANDS IS SIGNATORY

  • International Treaties to which Netherlands is signatory:

    • Paris Convention for the protection of industrial property
    • Patent Co-operation Treaty PCT.
    • Agreement on Trade Related Aspects of Intellectual Property Rights TRIPS.
    • European Patent Commission.
    • Budapest Treaty On The International Recognition of the Deposit of Micro Organisms For The Purposes of Patent Procedure.
• PATENT LEGISLATION IN NETHERLANDS

  • IP LAW IN NETHERLANDS:

    • Netherlands follows the Civil Law system modelled after French Law, with influences from Roman law and traditional Dutch customary law.
    • Patents in Netherlands are governed by:

    Patents Law 1995. Patents in Netherlands may be granted by:

    • Netherland Industrial Property Organisation
    • European Patent office at Munich
• BASICS REGARDING PATENTABILITY OF INVENTIONS IN NETHERLANDS

  • Inventions may relate to products, processes or industrial applications. Patents are therefore granted to inventions that:

    • Are New or Novel
    • Involve an inventive step
    • Comprise of a process or an Industrial application of the invention.

    For an Invention to be patentable, it should contain the following:

    (i). Novelty: An invention is considered new or novel if it is not included in the state of the art. State of the art consists of all the information available and accessible to the public prior to the date of the patent application.

    (ii). Inventive Step: An invention is said to contain an inventive step if for “a man skilled in the art it does not yield results in an obvious way from the state of the art”.

    (iii). Industrial Application: of the invention would be “when the object of the invention may be produced, manufactured or used in any kind of industry including agriculture”

• INVENTIONS NOT PATENTABLE IN NETHERLANDS

  • Inventions pertaining to the following:

    • Discoveries, Scientific Theories & Mathematical methods.
    • Aesthetic creations.
    • Schemes, Rules, Methods for performing mental acts, playing games, doing business as well as Presentation of Information.
    • Programmes for Computers.
    • Inventions contrary to public order & morals.
    • Methods of treatment on humans and animals.
    • Plant or Animal varieties or Bio processes for the production of plants or animals.
    • Prejudicial to the Interests or Security of the Nation.

    PartityPatents Law Firms through its associates in Netherlands is at hand to help you with patent registration and prosecution.

• FILING REQUIREMENTS OF PATENTS IN NETHERLANDS

  • (i). Application to be filed in Greek or translation provided accordingly.

    (ii). Nationality of the applicant.

    (iii). Name & Address of the applicant.

    (iv). Description of the invention.

    (v). Claims

    (vi). Abstract

    (vii). Drawings

    (viii). Title of the invention , Prior state of the art, & the Technical area of the invention.

    (ix) A Request for grant of patent

    (x) Culture of the micro-organism for which the patent application is filed is to be deposited at the designated institute.

• EXAMINATION OF THE PATENT APPLICATION IN NETHERLANDS

  • Once the application is filed, the application is scrutinised for defence & atomic energy aspects.

    Examination is also conducted for formality & substantial requirements of the application.

    Where the Ministry of Defence is of the opinion that the patent regarding which the application is filed is in the interest of the defence of the country, the ministry shall use the subject matter of the application accordingly with due notification to the applicant.

    Post Patent grant by the European Patent Office (EPO), Patent needs to be validated in the member country as designated on the Patent application.

    Patent Validation comprises of certain formalities and requirements per national laws of the designated country.

    Parity Patent Attorneys and Associate Law Firms in Netherlands are at hand to help and assist you with Patent Validation.

• RIGHTS OF THE PATENTEE IN NETHERLANDS

  • TERM KINDS OF PATENTS GRANTED IN NETHERLANDS:

    i) Patents with a term of 20 yrs.

    ii) Short term patents with a term of 6 yrs.

    • Patents confer to its holders or his successors an exclusive right to work the invention.
    • Patentee may authorise such uses of the patent through a contractual agreement with interested parties.
    • He may authorise the working of the patent either by a manufacturer or by an importer.
    • Patentee may even assign or licence the patent.
• COMPULSORY LICENCES OF PATENTS IN NETHERLANDS

  • Compulsory Licenses may be granted after a period of 4 yrs. from the date of filing of the patent application or 3 yrs. from the date of grant of the patent, which ever period expires last. Compulsory licenses may be provided for, when neither the owner of the patent nor his successor barring legitimate reasons:

    a). has begun work or has made real and effective preparations for working the invention that is the subject matter of the patent on the territory of Belgium.

    b). has worked the invention that is the subject matter of the patent in a manner sufficient to satisfy the needs of the Belgian market.

    c). the applicant for the compulsory license has not been able to obtain a license from the owner of the patent when he is in a position to work the invention in an effective and serious manner.

    d). in the instance of dependant patents, wherein the owner of a patent concerning an improvement of an invention already patented on behalf of another person may not work his invention without the consent of the owner of the earlier patent.

    ParityPatents along with specialised Patent Lawyers and Patent Attorneys in Netherlands, can assist you comprehensively with Compulsory Licence matters.

• PATENTS Cost of Registration in NETHERLANDS