National Dutch patents

Introduction

In the Netherlands, patents can be obtained in two manners, a Dutch national application or a European patent application designating the Netherlands. Under the current Patents Act, it is not possible to obtain a Dutch patent originating from an international (PCT) application via a Dutch national application. For obtaining a Dutch national patent via PCT, the European route is obligatory.

Application and registration

In order to obtain a patent, an application should be filed in Dutch or in English. The claims should always be in Dutch. Upon filing of the application, it is possible to invoke the priority of an application filed in The Netherlands or abroad no longer than one year before. Eighteen months after the filing date or the priority date, the application is registered in the patent register. At that moment, the application is laid open for public inspection. The moment of registration can in fact be advanced at applicant's request.

 

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