If you have started a PCT procedure via the World Intellectual Property Organization, it is only possible to apply for a patent in the Netherlands via the regional phase (the European procedure).
At the end of the PCT procedure (i.e. prior to the end of the 30th month, counting from the priority date), you proceed into the regional or national phase in order to decide in which countries you wish to establish your patent right.
Requirements patent application worldwide
A European patent may be validated in the Netherlands by fulfilling the set translation requirements. These requirements can be found in the Patent Act 1995 and the corresponding Implementation Decree.
The requirements that apply to validating a European patent in the Netherlands are:
- A translation into Dutch of the claims must be filed with our office within 3 months following the date of granting of the patent.
- If the filing was made with the European Patent Office in a language other than English, a translation of the description must be filed in English or in Dutch.
- A sum of € 25 must be paid within 3 months for filing the translation.
If you do not submit a translation and pay the sum of € 25 within 3 months, your European patent will not take effect in the Netherlands. The 3-month term cannot be extended.
The London Agreement
The London Agreement has simplified the regulations applying to translations of European patents. It has reduced the costs of obtaining European patents. The Agreement came into force on 1 May 2008.
The benefits of the London Agreement are:
- All European patents fall within the scope of the London Agreement.
- If your patent granted by the European Patent Office is written in English, you only need to submit a Dutch translation of the claims to our office.
- If your European patent was granted in German or French, you are required to submit a Dutch translation of the claims and an English or Dutch translation of the other documents.
If you need more information on how to apply for a patent in the Netherlands, please contact the public information office.