Guide for Netherlands Patent Application Process

Patent Trademark

Holland Profile

The Netherlands is a constituent country of the Kingdom of the Netherlands, which includes 12 provinces in northwestern Europe and 3 islands in the Caribbean. The European part of the Netherlands is bordered by the North Sea to the north and west, Belgium to the south, and Germany to the east, sharing maritime borderRead more

Holland Profile

The Netherlands is a constituent country of the Kingdom of the Netherlands, which includes 12 provinces in northwestern Europe and 3 islands in the Caribbean. The European part of the Netherlands is bordered by the North Sea to the north and west, Belgium to the south, and Germany to the east, sharing maritime borders with Belgium, Germany, and the United Kingdom. It is a parliamentary constitutional monarchy and is a unitary state. The national capital is Amsterdam and the seat of government is The Hague. The Netherlands is occasionally called the Netherlands. The Netherlands is a member of the Benelux Union and the European Community.

Dutch Intellectual Property Legal System

  • "Patent Law"
  • Benelux Convention on Intellectual Property Rights (Trademarks and Designs)
  • European Patent Convention

International Organization/Agreement

  • Singapore Treaty on the Law of Trademarks
  • Trademark Law Treaty
  • Patent Law Treaty
  • WIPO Copyright Treaty
  • WIPO Performances and Phonograms Treaty
  • Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks
  • Convention for the Protection of Producers of Phonograms against Unauthorized Duplication of Their Phonograms
  • Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations
  • Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure
  • Vienna Agreement Establishing an International Classification of the Figurative Elements of Marks
  • Patent Cooperation Treaty
  • Hague Agreement Concerning the International Registration of Industrial Designs
  • Locarno Agreement Establishing an International Classification for Industrial Designs
  • The Strasbourg Agreement on the International Patent Classification
  • "Convention Establishing the World Intellectual Property Organization"
  • Nice Agreement on the International Classification of Goods and Services for the Purposes of the Registration of Marks
  • Berne Convention for the Protection of Literary and Artistic Works
  • Madrid Agreement on the International Registration of Marks
  • Paris Convention for the Protection of Industrial Property
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Filing Language
Dutch

申请流程 Application Process Flow

发明专利申请流程 Invention

Name of Patent Office

Netherlands Ministry of Commerce

English: Netherlands Patent Office, Abbreviation: RVO

Website: www.rvo.nl/octrooien

Dutch invention patent search: Zoeken in octrooien (rvo.nl)

Filing Language: Dutch

via Paris Convention 

Necessary documents:

  1. Abstract
  2. Abstract Drawing
  3. Claim
  4. Specification
  5. Drawing
 

Attachments (if any)

  1. Sequence Listing (PDF format and TXT format)
  2. Deposited Receipt of Microorganism and Dutch Translation
  3. Viability Statement of Microorganism and Dutch Translation
  4. Certified Priority Document
  5. Declaration of Ownership/Certification of Employment/Assignment of Priority
  6. Assignment for Patent Right Transfer
  7. Notification issued by CNIPA notify the applicant the application has passed through the security review.
 

20 years, and the protection of pesticide or pharmaceutical patents can be extended to 25 years.

  • via Paris Convention : 12 months from earliest priority date.
  • via Validation of European Patent in EPO member states: 3 months from the date of European patent grant.

The RVO only conducts formality examination of the invention patent application. The applicant must file a novelty search request at the same time of the filing date, or within 13 months from the filing date. The applicant will receive a search report containing written opinions within 2-4 months from the date of the search request. At this point the applicant has 2 months to make amendments or file a divisional case. The search results do not affect the granting of the patent. The Dutch patent law stipulates that the grant should be completed as soon as possible, starting from 18 months from the priority date, but no earlier than 2 months after the search report.

The novelty grace period is 6 months from the filing date/priority date.

18-36 months

  • Grant Fee: None.
  • Annuity: After the patent is granted, the annuity shall be paid year by year starting from the 4th year of the filing date. The annuity can be postponed and paid within 6 months after the expiration date at the latest, but a 50% penalty must be paid at the same time.

Patent Office accepts "due care" requests for restoration of the right of priority.

Yes

Name of Patent Office

Benelux Intellectual Property Office

English: Benelux Office for Intellectual Property, BOIP

Website: Entrepreneurs | Benelux Office for Intellectual Property (boip.int)

Dutch design patent search: Designs register | Benelux Office for Intellectual Property (boip.int)

Filing Language: Dutch/French/English

Necessary documents:

  1. Pictures/Photos of Design (6-sided views)
  2. A Brief Description

Attachments (if any):

  1. Power of Attorney
  2. Certified Priority Document
  3. Declaration of Ownership/Certification of Employment/Assignment of Priority
  4. Assignment for Patent Right Transfer

Design: 5 years, renewable 4 times, 5 years each time, up to 25 years of protection.

  • via Paris Convention: 6 months from earliest priority date.
  • via EU Community Design: 6 months from the earliest priority date.
  • via Hague System: 6 months from earliest priority date.

The RVO conducts only formality examination of design applications.

The novelty grace period is 12 months before the filing date/priority date.

  • Grant Fee: None.
  • Annuity: A renewal fee is payable every 5 years. The payment of the annuity can be postponed within a grace period of 6 months after the due date at the latest, but a 50% penalty will be paid at the same time.

4 months

No

A Benelux design application may contain multiple designs, but not more than 50 designs.

发明专利、实用新型及外观设计进入国家申请流程
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