Dutch Chapter of Global Patent GO——Introduction to Patent Application in the Netherlands

free kingdom netherlands

In the eyes of many people, the Netherlands is a special existence, how special is it? Basically, as long as the Netherlands is mentioned, everyone will think of freedom. It can be said that the Netherlands is synonymous with a free country. There is a reason for this. As early as 1579 AD, the Netherlands allowed domestic residents to have freedom of religious belief; the Netherlands allowed abortion, sex trafficking, euthanasia, and the legal use of marijuana; in 2001, the Netherlands became the first in the world to legislate Countries that recognize same-sex marriage; the Netherlands ranks 17th out of 177 countries in the world listed in the Index of Economic Freedom. Because of this, in 2013, in the United Nations World Happiness Report, the Netherlands was listed as the fourth happiest country in the world.

As the world's first capitalist country, the Netherlands established a bourgeois republic in 1648, 41 years earlier than Britain. The "East India Company" established by the Netherlands in 1602 was the world's first multinational company and the first joint stock company, and created the world's first stock exchange, making the Netherlands the first financial center in global history; The "Sea Coachman" discovered New Zealand and developed a brand-new city --- New York on the east coast of North America; the Netherlands also created the world's first tricolor national flag and the world's first national anthem. It can be said that the Netherlands leads the way of modern trade in the world.

The Dutch economy is highly developed, with a per capita GDP of more than 50,000 US dollars, ranking among the top ten in the world, and one of the top ten economic powers in the West. The Netherlands is also the world's third largest exporter of agricultural products and the world's leading shipbuilder. The main industrial sectors in the Netherlands include food processing, petrochemicals, metallurgy, machinery manufacturing, electronics, steel, shipbuilding, printing, diamond processing, etc. Since the 1980s, the Dutch government has actively encouraged the development of emerging industries, paying special attention to the development of high-tech industries such as space, microelectronics and life sciences. In 2018, the Netherlands ranked first in the Global Innovation Index.

The Netherlands is China's main economic and trade partner in Europe. In 2020, the bilateral trade volume between China and the Netherlands will reach US$91.8 billion, a year-on-year increase of 7.8%. The Netherlands currently has a cumulative direct investment of US$21.29 billion in China, ranking third among European countries; China's cumulative direct investment in the Netherlands is US$21.4 billion, ranking second among European countries. In recent years, the bilateral trade and investment between China and the Netherlands have grown rapidly, and the quality and level have been significantly improved. Economic and trade cooperation has become one of the most important components and highlights of bilateral relations.

In 2018, the Netherlands launched a digital strategy to accelerate the digitalization process in areas such as healthcare, mobile energy, and agricultural food, and strengthen the digital foundation in areas such as network security, privacy, digital skills, and fair competition. Improving the digital skills of Dutch citizens is one of the key principles of the Dutch digital strategy, which promotes the Netherlands as a digital leader in Europe. The number of medical technology patents in the Netherlands ranks first in the world, and the number of drug patents ranks 7th. The total export volume of Dutch life science and health products exceeds 5.7 billion euros. The Dutch IT ecosystem consists of software developers, hardware companies and IT consultancies with global competitiveness in areas such as business, computer simulation, mobile, healthcare and security. Many small Dutch OEMs are market leaders in international segments.

Recently, the Netherlands has suddenly become a hot topic in the intellectual property circle. It is reported on the Internet that the Netherlands Patent Attorneys Association, in a circular in December, complained that the number of abnormal applications from China to the Netherlands is too large, and the Netherlands Patent Office is overwhelmed. This complaint is so timely that Chinese patent applicants who did not know which country in the world to apply for before now know the important information that Dutch patent applications do not have substantive examination. Today we will take a look at the patent system in the Netherlands.

Dutch patent overview

1. Ways for Chinese applicants to apply for patents in the Netherlands:

Paris Convention, direct application. The via Nationalization of PCT cannot directly enter the Netherlands. Designs in the Netherlands can be registered and protected through the Benelux Office for Intellectual Property (BOIP).

2. Review unit:
The Netherlands Patent Office, RVO, is part of the Netherlands Enterprise Agency. The RVO is responsible for implementing international and national patent law in the Netherlands and promoting the use of patents as a source of information and inspiration.

3. submit application:
1) Time limit requirements: RVO recognizes the restoration of the priority right, and the Dutch patent application can be filed within 13 months from the priority date at the latest.

2) You can go to the patent management department to submit on-site, or submit by fax or email.

3) The filing language of the patent application is Dutch.

4. formal review
The RVO conducts a formality examination of the patent application documents.

5. Search Report <br>A patent applicant must file a novelty search request within 13 months from the filing date, and will receive the search report within 9 months after the request. If the patent application has been published at this time, the search report will also be published; according to the results of the search report, the applicant has 2 months to amend or propose a division; the search report contains a written opinion (written opinion).

6. Publication, examination and granted <br>If the examination has been completed when the Dutch patent application is published within 18 months, the patent application will be granted; People will also no longer have the opportunity to make amendments to the patent application.

Advantages of filing a patent in the Netherlands

1. The Netherlands only conducts novelty searches for patent applications, and patent applications can be authorized about 1-2 years after the patent is submitted.

2. The Netherlands is very friendly to small and medium-sized enterprises and encourages small and medium-sized enterprises to conduct patent transactions after owning their own patents. There is even a direct link on the official website to remind applicants to negotiate with patent consultants and sell their related patents according to procedures. RVO believes that the inventor may not be willing to sell his patent, but the transaction will always make the right holder earn a lot of money.

Friendliness to Chinese applicants:

★★★★★

Gold content of patent rights:

★★

The degree of perfection of the rights protection mechanism:

★★★★