Patents and how to apply for one
Have you made an invention and do not want someone else to copy or use your invention? If so, you can apply for a patent.
What is a patent?
A patent, in Dutch also known as octrooi, gives you ownership rights to the technical innovation of a product or process. If you have a patent, others are not allowed to copy and use your invention in the country where the patent was granted. A patent protects your invention for up to 20 years.
Who owns the patent?
Usually, the inventor becomes the owner of the patent, or the organisation the inventor works for. Sometimes it is difficult to determine who the inventor of an innovation is and who can apply for a patent.
Are you working on an innovation together with others? In the case of joint innovation, each party owns its own part of the technical contribution, unless you have agreed otherwise.
Are you commissioning an innovation that someone else is carrying out for you? Then it is wise to record agreements about applying for a patent.
Has your employee made an invention? Then the invention is property of the employer if it falls within the scope of the employee's job. This also applies to inventions developed by the employee in their own time, unless you have made other agreements with your employee. Read about the rules and exceptions that apply to inventors in employment (in Dutch).
When do you get a patent?
A patent is about a technical solution to a technical problem. This solution has to meet 3 requirements:
- The invention must be new. The invention must not have been publicly disclosed anywhere in the world before the patent application. Not even by yourself. So, do not tell anyone about your invention until you have filed a patent application. In the patent database Espacenet, check whether an invention already exists (use the ‘help’ button for explanation on how to search for existing patents).
- The invention must be original and not easily invented by someone else.
- The invention must be a technically feasible product or process.
Applying for a patent
A patent protects your invention only in those countries where you have applied for and received a patent. You apply for a patent for each country or group of countries.
For the Netherlands, you can apply for a patent at Octrooicentrum Nederland, part of Netherlands Enterprise Agency, RVO.
You can apply for a patent for a country outside the Netherlands at the patent office of that country.
Note: if you want to go to other countries with a national patent application, it must be within the priority year. The priority year is the year after the filing date of your first patent application on an invention.
You can apply for a European patent for several European countries at the same time. This is done at the European Patent Office (EPO).
After your application, you can choose between a European patent or a unitary patent:
- A European patent (bundle patent) applies to several countries. You must register the patent yourself in the European countries where you want your patent to be valid.
- A unitary patent (choose unitary effect after your application) gives you protection in 18 European countries (Austria, Belgium, Bulgaria, Denmark, Estonia, Finland, France, Romania, Germany, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Portugal, Slovenia and Sweden) in one go.
The Unified Patent Court (UPC) is the court for patent court cases in countries affiliated to the unitary patent. The UPC decides on infringement and nullity in European patents as well as unitary patents.
The so-called the PCT procedure is a joint application process for more than 190 countries. That are in the Patent Cooperation Treaty (PCT). After your initial application you have 30 months to choose the countries where you want a patent. This gives you time to research in which countries your products will be successful. Note that a worldwide patent does no exist.
Patent attorney
A patent attorney can advise you on protecting your invention. They can file a patent application for you. You can search for a patent attorney in the Patent Attorney Register.
Questions relating to this article?
Please contact the Netherlands Enterprise Agency, RVO