Patent law

What we do

A patent protects innovative inventions. To obtain a valid patent right, the invention must be of a technical nature, new, inventive, and industrially applicable. It must concern tangible items that can be used and reproduced for commercial purposes. A technical innovation in a process (for example, a production machine) can also fall under this. The patent application is a precise process in which it must be possible to substantiate and argue what the innovative invention entails and why the invention is innovative in nature.

We handle patent applications, provide guidance and advice, and, if necessary, conduct an expert feasibility study of the patent application. Once a patent right has been established, the holder enjoys exclusive protection against commercial use of the invention for 20 years. However, an annual fee must be paid to prevent the patent from expiring. We assist companies with 'maintaining' the patent, which means managing the annual administrative burden associated with retaining the patent. In the event of patent infringement, damages may be claimed, among other things.

We have the knowledge and expertise to assume diverse roles: from advisory services to dispute resolution. We have an experienced team of lawyers and legal experts in the field of patent law. Furthermore, our legal experts and staff within the patent law team are bound by strict confidentiality agreements. In addition, our lawyers are bound by professional secrecy. Please contact us to discuss the possibilities.

Legal framework: the National Patent Act 1995

Dutch patent law is governed by the National Patent Act 1995, together with the accompanying Implementing Decree and Implementing Regulation. In addition, international treaties have an impact on Dutch practice, such as the Convention for the Protection of Industrial Property (Paris Convention), the Patent Cooperation Treaty (PCT), the European Patent Convention (EPC), and the TRIPS Agreement. The administration of patents in the Netherlands is handled by the Netherlands Patent Office, part of the Netherlands Enterprise Agency (RVO). It is important to note that the Patent Office does not substantively assess an application for novelty or inventiveness in the Netherlands, but primarily performs an administrative review. A granted Dutch patent is therefore no guarantee that it is valid — its validity can be challenged later in legal proceedings. We translate this legal framework into concrete choices, whether you are an international group with an extensive patent portfolio or an inventor seeking to bring a single smart product to market.

When is an invention patentable?

For a valid patent, the invention must meet three core requirements. The invention must new : on the filing date, it must not have been made public anywhere in the world, not even by the inventor himself. The invention must inventive : it must not be obvious to a skilled person. And the invention must industrially applicable . Not everything is patentable: discoveries, scientific theories, mathematical methods, aesthetic design, and — in principle — computer programs and business methods as such are excluded. It is precisely this novelty requirement that is a pitfall: a single early presentation at a trade fair or a press release can render patent protection impossible for good. We therefore provide advice before anything is made public, and assist in assessing whether protection of design via design law might be more appropriate.

The patent application step by step

An application stands or falls with its wording. The claims form the heart of the patent : they determine the exact scope of your protection. If worded too broadly, the patent will fail in an invalidation action; if worded too narrowly, competitors can easily circumvent it. In addition to the claims, the application contains a description, any drawings, and an extract. We guide you through the entire process: from a preliminary novelty and feasibility search, through drafting and filing the application, to monitoring deadlines and paying the annual maintenance fee. Once the application is published, it is accessible to everyone in public registers, for example via Espacenet or the register of the European Patent Office. Please note that a published application is not yet a granted patent: its status must always be verified in the register.

International and European protection

A patent is territorial: it applies only in the countries for which it has been granted. Those seeking protection outside the Netherlands have several routes. Through the European Patent Convention, a European patent can be applied for at the European Patent Office, which subsequently validates in the chosen countries. Via the PCT route, an effective date can be established in many countries simultaneously with a single international application. Furthermore, since June 1, 2023, the patent : a single patent that is effective simultaneously in the participating EU member states. Enforcement and invalidation actions for the unitary patent and for classic European patents are handled through the Unified Patent Court (UPC). This has significant consequences: a single procedure can invalidate or uphold a patent in all participating countries simultaneously. Whether you export to three countries or thirty — we help you choose the most cost-effective protection strategy and, where necessary, consider an opt-out at the UPC.

Infringement and enforcement

If a competitor makes use of your patented invention without permission, you can take action. Patent law offers a robust enforcement toolkit: you can seek an injunction against infringement (with a penalty payment), damages or surrender of profits derived from the infringement, recall and destruction of infringing products, and rectification. In urgent cases, summary proceedings can provide a solution. It is also possible to seize evidence with the permission of the judge, ensuring that proof of the infringement is secured before it disappears. If you are being sued for alleged infringement, we investigate whether work is actually being performed within the claims and whether the invoked patent is valid. We conduct both settlement negotiations and proceedings at the District Court of The Hague (the pre-eminently competent authority for patent matters) or at the UPC. Whether it concerns a baker with a clever machine improvement or an international technology group: our lawyers and in-house counsel assist both sides of the dispute.

Nullity and opposition

A patent is not unassailable. Because the Netherlands Patent Office does not examine the substance of the application, a Dutch patent can be declared invalid retrospectively if it turns out that the invention was not new or inventive at the time of the application. For a European patent, opposition be lodged with the European Patent Office within nine months of grant. Beyond that, the invalidity dispute takes place through the courts or, for European and unitary patents, through the UPC. An action for invalidity is often the strongest defense when you are accused of infringement: after all, a invalid patent cannot be enforced. We critically assess the validity, gather the prior art, and determine whether attacking or defending is the best course of action.

Patent or keep secret?

A patent provides exclusive protection for a maximum of twenty years, but in return, the invention is made fully public. For some innovations—think of a production process or a recipe that cannot be derived from the final product—secrecy may be more attractive: a trade secret can, in principle, last indefinitely and is cheaper. The disadvantage is that a trade secret offers no protection against reverse engineering or against a competitor independently developing the same invention. This trade-off—patenting, keeping secret, or a combination—is strategic and legal in nature. We help you choose and arrange the protection of confidential knowledge through solid agreements; please also read our page on trade secrets. If you wish to monetize your patent, we draft comprehensive licensing agreements .

Patent law within intellectual property

Patent law is one of the pillars of Intellectual Property (IP) law. While a patent protects the technical invention, other IP rights protect other aspects of your business: trademark law protects your brand and trade name, copyright protects creative works, and design law protects the design of products. In practice, these rights often overlap: a single product can be protected simultaneously by a patent, a design, and a trademark. Furthermore, the doctrine of slavish imitation sometimes offers additional protection when a patent is missing or has expired. We always look at the whole picture, ensuring your innovation is covered from all angles.

Frequently asked questions about patent law

How long does patent protection last?
A patent provides protection for a maximum of twenty years, calculated from the date of filing. However, an annual maintenance fee must be paid for this; if this is not done, the patent lapses.

May I demonstrate my invention before applying for a patent?
Preferably not. A patent requires novelty: any disclosure prior to filing—a trade fair, a tender, a press release—can strip the invention of its novelty and make protection impossible. Use confidentiality agreements and file first.

Does my Dutch patent also apply abroad?
No. A patent is territorial and applies only in the countries for which it was granted. For protection abroad, you use the European route (EPV), the unitary patent, or the international PCT route.

What can I do if someone infringes my patent?
You can seek, among other things, an injunction with a penalty payment, damages or disgorgement of profits, and the destruction of infringing products. In urgent cases, this can be done via summary proceedings, and if necessary, through seizure of evidence. We advise on the strongest course of action.

Is a granted patent always valid?
No. Because the Netherlands Patent Office does not conduct a substantive examination, a patent can be declared invalid retroactively if the invention turns out not to be new or inventive. A validity search is therefore often advisable.

Would you like to know which protection strategy suits your invention? Contact us — our lawyers and in-house counsel are ready to assist you, from international corporations to the baker around the corner.