Patent blog: Startup? Wake up! What you need to know about patents

These are the three most common:

1. patents are expensive;
2. patents are only interesting (attractive, beneficial?) for major corporations;
3. patents kill innovation.

The question is, is there any truth to these preconceptions? Take some time to read the passage below, allow yourself to be convinced the opposite is true, and save a lot of money and/or make more profit. 

Let’s begin with a little theory and review what we know about patents. A patent protects the invention of a technical product or process. When you have a patent you can prohibit others from copying, selling or importing your invention. A patent applies for a maximum of 20 years. After the patent has expired, anyone is free to use the technology for which you have a patent.  

1: Patents are expensive 

In the Netherlands, the cost for a patent application begins at € 220. So why do patents have a reputation for being very expensive? Probably because of the costs associated with hiring a patent attorney. These experts write and submit patent applications. Their fee is usually around € 6.000. The costs mentioned above only apply to patents applied for in the Netherlands. If you wish to apply for patents in other countries then the costs will rise further. You will also have to pay to maintain your patent. 

Use the Cost calculator for the protection of Intellectual Property (Dutch only) to get an idea of the costs.

2: Patents are only interesting for major corporations

Patents are interesting for both big and small companies. Start-ups can also experience infringement or copying, or be involved in other disputes about intellectual property (IP). Or imagine that you want to do business with other, bigger parties. The Netherlands Patent Office can help you to strengthen your negotiating position. We can provide free help when searching for patent information in the form of workshops, webinars, guest lectures, talks with patent consultants, e-learning modules and patent education. 

3: Patents kill innovation

But what about the third preconception: do patents kill innovation? Every invention ever patented anywhere in the world is public. Because 18 months after your patent application, it will be included in the Espacenet patent database. Imagine more than 120 million patents you can search! This helps you avoid reinventing the wheel or infringing on the rights of others. The database includes lots of other interesting information. For example about trends in various areas of technology, what your competition is working on and who could be potential cooperation partners for you. Searching through all those patents requires some skill. We offer free webinars and workshops to help you hone this skill. 

So out with the preconceptions and in with the advantages!

Start-ups that work with patents and other intellectual property rights strategically, leave their competition in the dust. This is how:

• At an early stage, they consider whether they want to protect or share their invention or keep it secret. This way they can prevent others from stealing their innovation.  
• They only apply for a patent if it makes sense. For instance, it gives them a good negotiating position if they are looking for collaboration partners or investors.
• They only apply for a patent in specific countries. Countries where they want to exploit their invention or where they can profit through licences on their invention.

IP lead for start-ups

We hope that we have been able to provide some nuance to the preconceptions about patents. Would you like to find out more? The website IE Goed Idee (Dutch only) provides a clear explanation of all IP protection options. Or get in touch with our Public Information department. We are happy to help. Call (+31) 088 042 40 02 or send an email to octrooicentrum@rvo.nl.