Patent Filing in Netherlands

The Netherlands is one of the most elite hubs of Innovation. Below is a guide about the filing procedures, routes and fees for Patent Filing in Netherlands.

Patent Filing in Netherlands
Patent Filing in Netherlands

Patent Filing in Netherlands: The Routes

If you are seeking a patent in Netherlands, there are 4 options:

1.     Direct Filing with the Netherlands Intellectual Property Office (NPO)

2.     International Filing via Patent Cooperation Treaty (PCT)

3.     Filing in EU via European Patent Convention (EPC)

  • The EPC route allows you to file a patent application with the European Patent Office (EPO).
  • EPC has 38 contracting states.
  • The granting of a patent in Netherlands remains under the control of the NPO.

4.     Filing via Euro-PCT

  • This is an extension to PCT only, with the exception that the procedure focuses on the elements specific to the PCT procedure before the EPO.
  • The provisions of the PCT and its Regulations (“the PCT Rules”) apply, supplemented by the provisions of the EPC.
  • In case of conflict between the provisions of the EPC and the PCT, the PCT prevails.
  • The granting of a patent in Netherlands remains under the control of the NPO, i.e “national phase”.

Patent Filing in Netherlands (NPO): Filing Overview

Your patent application needs to meet 2 sets of requirements:

Requirements for application number and filing date

  • Concise indication of intent to file a patent application
  • Name and address of the applicant
  • Description of the invention i.e. Subject Matter of the invention
  • Abstract
  • The application must be in Dutch or English
  • Claims (Must be in Dutch)
  • Drawings (if necessary)

Formal Requirements

  • Details, payment and documents such as inventor’s address (different from Applicant’s address if inventor is different from applicant).
  • Additional Regulations which are a part of the Patent Regulation 2009.

For more information, check out the Patent Act -1995.

Filing Options (NPO)

You can file your application offline with the NPO or use the e-filing system.

Offline Filing

You can post your application at any of the Netherlands Enterprise Agency offices (refer the link for the addresses).

E-filing

You can file your application online using EPOnline (EPO’s online filing system). The same route can be used to file a European (transmission to the EPA) or international (transmission to WIPO) patent application with the NPO.

Patent Fees: Overview

Action Online Fee Offline Fee
Patent Application €80 €120
National Application Search €100
International Application Search €794
Transmittal fee for an international application €50
Fee for submitting a Translation Document into Dutch €25

For more information, visit the Patent Fees page on the NPO website.

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