‘The critical factors for a successful IP policy are different for each business. Knowing these factors is key.’
Bart Jan Niestadt
- Hightech & Electronics
- European, Dutch and Belgian Patent Attorney, European Patent Litigator
- Partner
Bart Jan Niestadt has been active as patent attorney from 2001 onwards. Before that, he had worked several years in the telecommunications industry, amongst others on network optimization and enhancements to network infrastructure, for BT-Infonet and Verizon Communications.
Bart Jan completed his studies of Applied Physics at Eindhoven University of Technology in 1997. His studies included an internship at ArizonaStateUniversity and a research project at Shell laboratories (SRTCA) in Amsterdam.
News
Column: Can you patent something illegal?
Can an invention whose manufacture, sale or use is illegal still qualify for patent protection? It is a question that surprises many people, because the answer is less straightforward than you might expect. Under European patent law, illegality does not automatically preclude an invention from being patentable.Continue reading
G 1/25: the description must be adapted only where an inconsistency leads to non-compliance with the EPC
In G 1/25 (Enlarged Board of Appeal, 3 September 2026), the Enlarged Board of Appeal of the European Patent Office (EPO) decided whether, and on what legal basis, the description must be adapted when the claims are amended. The decision resolves a long-standing divergence in the case law of the Boards of Appeal and builds […]Continue reading
UPC clarifies lack of entitlement as a ground for revocation under Article 138(1)(e) EPC
In UPC_CFI_523/2025, Wittenstein SE v Vestas Wind Systems A/S, the Court of First Instance, Central Division (Section Munich), decided on 2 September 2026 how lack of entitlement may operate as a ground for revocation under Article 138(1)(e) EPC. The Court held that it is not sufficient for a claimant to establish rights to only part […]Continue reading