Securing your idea with a patent? Smart!

A patent grants the exclusive right to a technical invention for up to 20 years. It requires three criteria: novelty (not publicly known anywhere), inventive work (not obvious), and industrial applicability. Applications are filed via the Netherlands Patent Office (NL), the European Patent Office (EU), or WIPO (worldwide via PCT). Costs: €5,000 – €50,000+ including maintenance. It is a time-consuming process (2-5 years until grant). For R&D-intensive SMEs with genuine technical innovation: often essential — for others, overkill. Below: criteria, procedures, and what Saskia's green hydrogen technology costs to protect.

The short answer

• What: Exclusive right to a technical invention for a maximum of 20 years.
• Three criteria: novelty, inventive work, industrial applicability.
• Where: Netherlands Patent Office (€80 application), EPO (€5,000+), WIPO PCT (worldwide).
• Duration of procedure: 2-5 years until granting.
• Duration: 20 years from the date of application, non-renewable.

What is patentable?

Technical inventions — devices, processes, assemblies, instructions for use:

• Mechanical inventions (machines, tools).
• Electronic inventions (circuits, components).
• Chemical inventions (compositions, processes).
• Software (in combination with technical elaboration, restrictor).
• Medical devices and methods.
• Biotechnology and pharmaceuticals.

NOT patentable (EPO and NL):

• Mathematical methods, abstract theories.
• Business methods (pure, without technical component).
• Computer programs as such.
• Life forms “as such” (human, animal).
• Medical treatment methods for humans/animals (devices yes).
• Aesthetic creations (copyright).

The three criteria

1. Novelty

Invention not publicly known anywhere in the world on the application date. Previously published (article, trade fair, own invention on website)? No patent.

Important: one's own prior publication also impairs novelty (unlike design rights — no grace period in the NL/EPO; there is in the USA).

2. Work of invention

Not obvious for the “average craftsman” — must rise above the level of standard knowledge. Combining known elements in a new, smart way can suffice.

3. Industrial applicability

Practically usable in any industry. Purely theoretical invention without application: no patent.

Application routes

National: Patent Office NL

• Costs: €80 application fee + €100 maintenance fee from year 5.
• Assessment: 18 months until extension.
• Term: 20 years.
• Coverage: the Netherlands only.
• NL route: primarily exploratory — relatively inexpensive, no substantive assessment (since 2008).

European: EPO

• Costs: €5,000+ total (application, assessment, translations, validation per country).
• Age rating: 3-5 years.
• Duration: 20 years from filing.
• Coverage: up to 38 European countries after validation.
• Best option for SMEs with European ambitions.

Worldwide: PCT (WIPO)

• Costs: €3,000+ basic application, then €1,000-€10,000 per country.
• 30/31 months to make a country choice after PCT submission.
• Coverage: 150+ countries worldwide.
• Best option for worldwide protection.

Procedure (EPO)

1. Preparation: patent attorney drafts application with claims, description, and drawings.
2. Submission: to the EPO via the online portal.
3. Formalities test: 1-3 months.
4. Novelty search: EPO compares with prior art (6-12 months).
5. Publication: after 18 months — invention becomes public.
6. Substantive assessment: 2-4 years negotiation with the examiner.
7. Grant: upon positive opinion — patent granted.
8. Validation: per country where protection is desired, with translations.
9. Maintenance: annual taxes per country (increasing).

Costs over 20 years

For a medium-sized patent via EPO + validation in 5 countries:

• Application + procedure: €8,000-€15,000.
• Translations (per country upon validation): €1,500-€4,000.
• Annual maintenance taxes per country (increasing from €100 to €1,500): total ~€30,000 over 20 years.
• Patent attorney fees: €5,000-€15,000 for drafting and supervision.

Total: €50,000-€100,000 over 20 years for an EU patent validated in 5 countries.

Saskia's green hydrogen patent

Saskia developed a new type of electrolyzer for green hydrogen. Approach:

• Step 1: NL application (€80) to set a priority date.
• Step 2: Submit EPO application within 12 months — claim for priority.
• Step 3: PCT application for global option within 18 months.
• Step 4: After 30 months, select in which countries to validate (EU + US + Japan + China).

Total budget: €80,000 spread over 5 years for global protection of key technology.

Alternatives to patents

• Confidentiality: do not publish to anyone, sell under an NDA. Unlimited duration as a trade secret, but vulnerable to reverse engineering.
• WBSO + innovation box: tax benefit without patent procedure.
• Copyright (software): automatic, no procedure.
• Design right (product design): for external design, faster and cheaper.

Honest recommendation

Patenting is expensive and time-consuming — not worthwhile for every invention. It pays off for genuine technical breakthroughs with a commercial value > €1 million. For smaller innovations: WBSO + trade secret often sufficient. Always engage a patent attorney — expertise is essential for strong claims. Start with an inexpensive Dutch application before the priority date, expand to the EPO and PCT upon commercial validation.

For other topics: Innovation Box, WBSO and what is intellectual property.

Frequently Asked Questions