Patents
What’s a patent for?
Patents are granted to protect inventions having a technical nature. This may be products as well as methods.
When is an invention patentable?
An invention is patentable if it is new and involves an inventive step. The novelty will be objectively established based on all that is published or otherwise made public before the date of filing of the patent application (“state of the art”). Herein revelations of the inventor him- or herself are included.
Inventive step is measured by the criterion whether an invention was within reach of a person skilled in the art based on the state of the art.
A lot of case law is published for both novelty and inventive step.
What kind of protection does a patent offer?
A patent offers the owner a monopoly position in the country in which the application is filed.
In The Netherlands the monopoly position is mentioned in art 53, lid 1, of the Dutch Patent Act, reading as follows:
“A patent shall confer on its owner the exclusive right:
How long is a patent valid?
In the Netherlands one may choose between a patent valid for either 6 or 20 years counted from the date of first filing.
How do I obtain a patent?
Patent can be applied for by filing a patent application at the Patent Office of the country of interest. In The Netherlands patents are granted by the OctrooiCentrum Nederland.
In the patent application the purpose of the invention is mentioned in light of the state of the art. Furthermore at least one embodiment of the invention needs to be described in the patent application.
In The Netherlands a patent is granted upon application. The abovementioned criteria regarding novelty and inventive step are of importance with respect to the validity of a Dutch patent.
A patent application first filed in The Netherlands can be filed in most countries to apply for a foreign patent within one year from the date of filing without loss of rights.
How do I vindicate my patent right?
As a patent owner you yourself are responsible for vindication of your patent rights. It is preferable to adopt an active attitude with respect to making the existence of your patent rights known and spotting possible infringement on your patent rights.
You may meet infringement in several different ways dependent on the specific market situation and the objective you have in mind. If necessary you may approach the competent court in order to request an injunction for the infringing party.
Patents are granted to protect inventions having a technical nature. This may be products as well as methods.
When is an invention patentable?
An invention is patentable if it is new and involves an inventive step. The novelty will be objectively established based on all that is published or otherwise made public before the date of filing of the patent application (“state of the art”). Herein revelations of the inventor him- or herself are included.
Inventive step is measured by the criterion whether an invention was within reach of a person skilled in the art based on the state of the art.
A lot of case law is published for both novelty and inventive step.
What kind of protection does a patent offer?
A patent offers the owner a monopoly position in the country in which the application is filed.
In The Netherlands the monopoly position is mentioned in art 53, lid 1, of the Dutch Patent Act, reading as follows:
“A patent shall confer on its owner the exclusive right:
| (a) | To make, use, put on the market or resell, hire out or deliver the patented product or deal in any other way, in or for his/her business, or to offer, import or stock it for any of those purposes; | |
| (b) | To use the patented process in or for his/her business, or to use, put on the market or resell, hire out, deliver the product obtained directly as a result of the patented process or deal in any other way, in or for his/her business, or to offer, import or stock it for any of those purposes.” |
How long is a patent valid?
In the Netherlands one may choose between a patent valid for either 6 or 20 years counted from the date of first filing.
How do I obtain a patent?
Patent can be applied for by filing a patent application at the Patent Office of the country of interest. In The Netherlands patents are granted by the OctrooiCentrum Nederland.
In the patent application the purpose of the invention is mentioned in light of the state of the art. Furthermore at least one embodiment of the invention needs to be described in the patent application.
In The Netherlands a patent is granted upon application. The abovementioned criteria regarding novelty and inventive step are of importance with respect to the validity of a Dutch patent.
A patent application first filed in The Netherlands can be filed in most countries to apply for a foreign patent within one year from the date of filing without loss of rights.
How do I vindicate my patent right?
As a patent owner you yourself are responsible for vindication of your patent rights. It is preferable to adopt an active attitude with respect to making the existence of your patent rights known and spotting possible infringement on your patent rights.
You may meet infringement in several different ways dependent on the specific market situation and the objective you have in mind. If necessary you may approach the competent court in order to request an injunction for the infringing party.