Patent

A patent (octrooi) is an exclusive right that protects an inventor against unauthorized use of their invention. By applying for a patent, you obtain the legal right to be the sole party that may produce, use, and sell your invention for up to twenty years. The patent system encourages innovation by giving inventors temporary market exclusivity.

Patents are granted by Octrooicentrum Nederland, part of the Netherlands Enterprise Agency (RVO), under the Kingdom Patents Act 1995 (Rijksoctrooiwet 1995). You can also apply for a European patent through the European Patent Office. A patent allows you to license your invention to others or take legal action against infringement.

Requirements

  • Invention: You must have made a new technical invention
  • Novelty: The invention must be new worldwide
  • Inventiveness: The invention must involve an inventive step
  • Applicability: The invention must be industrially applicable

Procedure

  • Application: Submit a patent application to the Ministry of Economic Affairs
  • Description: Include a detailed description of the invention with drawings
  • Examination: The application is examined for novelty and inventiveness
  • Grant: Upon approval the patent is granted for a maximum of 20 years

Protection

  • Exclusive right: You are the only one entitled to make and sell the invention
  • Duration: The patent is valid for a maximum of 20 years from the filing date
  • Territory: Dutch patent only applies in the Netherlands, European patent is broader
  • Licenses: You can grant permission to others through licenses