Dutch patent application

Choose between two different types of novelty searches

When filing a Dutch patent application, an applicant can choose between two different types of novelty searches: a “national type” or an “international type”. The national type search is performed by the Dutch Patent Office, and the international type search by the European Patent Office. Content-wise, the investigations are the same: the Office in question searches for the invention as claimed by the patent application in the state of the art in order to provide an initial assessment of novelty and inventiveness. The international type search is more expensive, but may give right to a refund of the official search fee for a subsequent international or European patent application (for the same invention).

The search report (after ±9 months)

An applicant receives the search report after about nine months. This report cites publications that emerged during the novelty search and contains an initial, non-binding assessment of the novelty and inventiveness of the invention.

End of priority year (after 12 months)

It is important to carefully study the search report and the publications cited therein before the end of the priority year. An applicant will have to check whether the preliminary assessment is correct. Furthermore, if necessary, a patent attorney can examine whether the definition of the invention can be adapted to better distinguish the invention, i.e. to make it novel and inventive, relative to the technology described in the publications cited in the search report. In short, by properly studying the search report, an applicant can make a well-founded decision whether or not to pursue international patent protection.

Patent granting (after 18 months)

Regardless of the preliminary assessment in the search report, negative or positive, a Dutch patent will be granted after eighteen months. A Dutch patent application will therefore always lead to a granted Dutch patent, regardless of whether the invention is new or not. In the event of a lawsuit, a judge will still be able to rule on the novelty of the invention and possibly still nullify the patent.

After patent grant

After a patent has been granted, annual renewal fees must be paid to keep the patent in force.