Guide to registering changes to patents and patent applications in the Netherlands

According to Dutch patent law, the registration of changes to patents is not mandatory and has no clear deadline. However, the information registered in the patent office is the basis for third parties to obtain information, and the registration of changes enables third parties to know the details of the changes. Therefore, it is particularly important to register changes when it comes to infringement lawsuits or license grants.

For the licensee in a contract or the lender in a mortgage agreement, the registration of changes can ensure their rights against third parties, especially when the ownership changes are continuously recorded and the relevant documents are traceable. In order to avoid complications later, it is recommended to register the changes as soon as possible after they occur.

Transfer registration record:

• The original transfer document or a notarized copy of it must be provided.
• The transfer document must contain the handwritten signatures of both parties and does not need to be notarized. PDF or electronic signatures are not accepted.
• The name and title of the signatory must be appended next to the signature, and the title must show that they have the authority to represent the party (e.g. CEO, Director, etc.). If the Netherlands Patent Office has doubts about the right of representation, evidence must be provided.
• If represented by a bankruptcy administrator, a simple copy of his/her court appointment document is required.
• The transferee must clearly indicate its acceptance of the transfer. If the transfer document does not contain an acceptance statement, an independent acceptance statement may be added.
• Simplified transfer and acceptance statements can be entered and the relevant documents can be prepared by us.

Change of name filing or change of legal entity :

• A simple copy is required, which can be an extract from the Commercial Registry or a statement from a notary public/government official, indicating the company's old name, new name and date of change.

Company merger filing :

• A simple copy is required, which can be an extract from the Commercial Registry or a statement from a notary public/government official, indicating the full name of the amalgamating company and the date of amalgamation.

Address Change :

• No documents are required to register.

Death of the applicant/patentee :

• A notarized declaration of succession or executor's declaration identifying the heirs.

License Agreement :

• The original agreement or a notarized copy is required, which must include a handwritten signature and patent number, indicating whether the license is exclusive or non-exclusive. A brief statement can be used instead of a detailed agreement.

Guarantee or mortgage agreement :

• The original or a true (masked part) notarized copy is required; PDF and electronic signatures are not accepted.

General requirements : All documents not in English, French, German or Dutch must be translated into the above languages under oath. The translation must be done by a translator who is proficient in both languages and ensures the accuracy of the translation.

Fee Structure

• General registration (transfer, merger, change of legal status, etc.) : official fee is 27 euros
• Name change registration : The official fee for the first five patents/patent applications is 11 euros each, and 5 euros for each subsequent application
• Change of address : No official fees

Beijing Yezhima's operational strategy suggestions:

Prepare necessary documents and translations in advance to simplify the change registration process and ensure compliance. For clients holding patents in multiple countries, it is recommended to choose cross-language professional translation services. When a client first applies for a change, it is recommended to conduct a comprehensive analysis of the possibility of subsequent changes to its patent portfolio to avoid difficulties in document tracing caused by subsequent changes. In the patent change service for the Netherlands and even Europe, optimize the charging strategy and provide customers with a comprehensive preferential package plan.

Beijing Yezhima is committed to providing comprehensive and fast services in the patent change registration process, while helping customers achieve legal compliance and cost optimization to ensure stable operations in the global market.