When applying for advice with our office in relation to nullification of a patent, you must state the arguments that challenge the validity of the patent that is a hindrance to you.
Netherlands Patent Office, a department of the Netherlands Enterprise Agency, issues advice with regard to the strength of your arguments. In order to gain all of the facts, the patent owner is also asked for his/her viewpoint. The advice states whether your arguments challenge the validity of the patent. Please note that this statement is advice and does not form a decision. The decision is taken by a judge, and the advice given previously plays an important part in this process. If you intend to have a patent nullified by the judge, you are even obliged to ask for advice yourself.
A list of examples of advice
|Someone else's patent is causing me a problem|
|I have doubts as to the validity of a patent||I am not sure whether my product or process is infringing a patent|
|I can apply for advice with Netherlands Patent Office regarding the validity of a patent||I can apply for advice with a patent attorney or lawyer regarding infringement and the scope of a patent|
|Advice is positive||Advice is negative||Advice is positive||Advice is positive|
|I take the matter to court and submit the required advice of Netherlands Patent Office in relation to invalidity|
I do not take the matter to court as I have decided that the patent does not pose a threat because I have doubts about its validity.
|I cease manufacture of my product or using my proces.||I continue to manufacture my product or use my process as I have concluded that I am not infringing the patent.||I cease manufacture of my product or using my product to in order to avoid infringement proceedings.|
Applying for advice
When applying for advice, you should take account of the following: it is important that you prepare your query thoroughly: we will only provide advice on the basis of the arguments that you put forward. If you have other arguments but you do not state them, these arguments will not be taken into account. A patent attorney can assist you in the procedure of applying for advice.
The fee for an advisory report concerning the applicability of the grounds for nullification for a patent is € 340.
If you need more information on how to apply for a patent in the Netherlands, please contact the public information office.