Spring direct naar de hoofdnavigatie of de inhoud

Patent restoration

A Dutch patent can lapse if the (annual) fees are not timely paid, the required translations are not submitted on time and/or other formal (validation) requirements are not met. Fortunately, there is a way to recover these patent rights.

To recover a patent right, a request for restoration must be filed with the Dutch Patent Office. This needs to be done within two months to be counted from the moment one became aware of the missed term and always before one year has passed since the expiration of the missed term.

Three ways your patent can lapse in the Netherlands

1. Fail to meet formal requirements

2. Fail to timely file required translations

3. Fail to timely pay (annual) fees (with fine)

Patent restoration

One way to recover your patent

Contact Annelies de Bosch Kemper from V.O. Patents & Trademarks!

A strict procedure

Restoration of a patent right in the Netherlands is only possible if the loss of rights occurred unintentionally and despite all due care. The Dutch Patent Office is quite strict regarding this last requirement. The procedure is an oddity, because it is governed by administrative law and not civil law like almost (other) IP proceedings.

Expert in re-establishing Dutch patent rights

Annelies de Bosch Kemper, attorney-at-law at V.O., is an expert in re-establishing Dutch patent rights. Over the years, she has built a successful practice in this area and is in charge of the majority of recovery cases. With her knowledge of IP law and administrative law, she is the one to restore Dutch patent rights.

Request patent restoration by V.O.

Do you have a specific case where a patent has lapsed? Send an e-mail below or contact Annelies directly to discuss the possibilities of restoration via a.deboschkemper@vo.eu.

Fill in the request form