With effect from August 1, 2006, the requirement that the Dutch translations of European patents be certified by a patent attorney will be abolished. Nonetheless, the quality of the translation continues to be of importance for the scope of protection.
For a granted European patent to remain in force in the Netherlands, it is required that a Dutch translation of the patent specification be filed within three months of the publication of the grant of the patent. The translation must be certified by a patent attorney, but effective August 1, 2006, this certification requirement will be abolished.
However, the quality of the translation remains of great importance. In the assessment of infringement issues, the translation is regarded as the authentic text. Accordingly, if the scope of protection is more limited in the translation than is conferred by the patent in the language of the proceedings, the more limited scope of protection applies. Therefore, it is and continues to be of great importance that the translation is accurate and is prepared, or in any case checked, by experts on the interpretation of patents.