Professional Practice in Another EU Member State

If exercising their profession in another Member State is a temporary affair, it is subject to the free movement of services in the EU. The rules on freedom of establishment make it possible to practise a profession in a permanent capacity in another Member State. EU Directive 2005/36/EC and EU Directive 2013/55/EU regulate mutual recognition between the Member states of diploma, certificates and other evidence of formal qualifications. This recognition aims at persons wishing to pursue a regulated profession in a Member State other than the one they obtained their professional qualifications. These directives also apply to nationals of the other European Economic Area (EEA), Norway, Iceland and Liechtenstein, and Switzerland nationals.

Freedom of establishment

Under the principle of freedom of establishment, all nationals of the Member States of the European Union, the EEA and Switzerland are free to establish themselves in the Netherlands to practise the profession of a patent attorney. However, anyone doing so must comply with the requirements for patent attorneys that apply in the Netherlands. For example, to be included in the Dutch register of patent attorneys.

Competency test

Foreign patent attorneys do not have to complete a professional training period to be included in the Dutch register of patent attorneys. However, they do have to pass a competency test. The content of the competency test is the same as the examination. The competency test is in Dutch. Any IP knowledge that foreign patent attorneys have, apparent from their degree certificates, is not tested. The Examination Committee for Patent Attorneys is responsible for the competency test.

Competency test requirements

To take the competency test, foreign patent attorneys from the Member States of the European Union, the EEA or Switzerland, where the profession of a patent attorney is also regulated, must submit their relevant qualifications. See Article 27b(1a) of the Dutch Patents Act 1995 Implementation Decree.

The following applies to foreign patent attorneys from a Member State of the European Union, the EEA or Switzerland, where the profession of a patent attorney is not regulated. The foreign patent attorney must provide evidence that they have practised the profession of a patent attorney on a full-time basis for one year or part-time for an equivalent period, during the previous 10 years in the Member State where this profession is not regulated. See Article 27b(1b) of the Dutch Patents Act 1995 Implementation Decree.

Cost of the competency test

The cost of the competency test depends on the examinations the candidate has to take. Persons who have not been admitted to the competency test or who wish to object to the assessment of the competency test can contact the Examination Board for Patent Attorneys. An appeal against the latter's decision can be lodged with the Court of Appeal of The Hague.

Freedom to provide services

The cost of the cIn the context of the European free movement of services, a patent attorney from another Member State of the European Union, the EEA or Switzerland may temporarily and occasionally act as an attorney for the Netherlands Patent Office without being subject to any further requirements. See Section 23b(3) of the Patents Act 1995 for an elaboration of the European system of recognition of professional qualifications. The director of the Netherlands Patent Office has determined that this 'temporary appearance' is in principle limited to 20 appearances in any given year. In any case, a single appearance means the conduct of an application procedure from submission to granting.
Would you like to take advantage of this option? In that case, you must first notify the director of the Netherlands Patent Office in writing:

•    by post: PO Box 93144, 2509 AC The Hague, The Netherlands, or
•    by email: octrooicentrum@rvo.nl.

You should receive written permission from the director of the Netherlands Patent Office, within 10 working days, to act on behalf of the Netherlands Patent Office for 1 year. You must renew the notification every year.