Filing a patent application worldwide | RVO.nl

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Filing a patent application worldwide

19-03-2021

An application filed via the PCT procedure comprises a minimum of a completed application form, a description with conclusions and any drawings. The application must be complete before being sent. If any documents/pages are missing, this may affect the ultimate filing date because this date will be moved to the date on which the last documents/pages were submitted.

You may submit an international patent application in various ways:

  • PCT normal procedure: by post
  • PCT EASY: by post
  • PCT online filing

Formal requirements filing patent appliction

The application form must fulfil the following requirements:

  • The title must be in English and correspond to the title above the description.
  • The application field must be completed as fully as possible (including country of origin and country of residence).
  • If applicable: the field for the address of the attorney or for correspondence must be completed in full.
  • In the event that the right of priority is invoked, the invoked right of priority must fall within the priority year.
  • The applicant/attorney must sign the application, stating his/her name.
  • We must have received payment within 1 month following receipt of the application. If a deposit account is being used, the payment form must be signed and be in possession of our office.

Further information about further formal requirements that apply to the application form, the abstract, the description, the claims and the drawings can be found in the application procedure.

Terms filing patent appliction

We use the terms set by the WIPO:

  • We must have received payment within 1 month following receipt of the application.
  • We must have received the priority document within 16 months following the date of invoked priority.
  • An English translation must be provided within 14 months following the priority date or the filing date (if the application is being filed for the first time).
  • With regard to other missing information that is identified, a term of 2 months following the date on which the letter is dispatched applies.

Priority year

It is not necessary to apply for a patent in different countries at the same time. If you initially apply for a patent with our office, you still have 12 months following the filing date in which to file the same application via an international procedure (the PCT procedure, for example). In that case, you can use what is known as the right of priority.

In the case of applying for a patent via the PCT procedure, the same filing date applies as that of the original application in the Netherlands. Practically all countries that have a patent-granting body recognise the right of priority.

Priority document

Sometimes our office must prepare the priority document. This is only the case if the priority of a Dutch patent or a PCT application is filed in the Netherlands. The sum of € 9 will be debited from the deposit account in due course. Private individuals will receive a giro collection form. Fees may be paid to our bank account, quoting the application number and/or the applicant's name.

Contact us

If you need more information on how to apply for a patent in the Netherlands, please contact the public information office. Here you will also find our bank account details.

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