Disputes & Advice: Infringement of a Patent

Published on:
24 March 2021
Last checked on:
28 July 2022

If a person violates the patent rights of a patent owner, this is known as infringement. For example, protected technologies may have been used or products using that technology may have been brought on the market.

If a patent owner wishes to file an accusation of infringement against someone, the 'infringer' receives a warning. A summons may then be issued. If you intend to claim for compensation for damages, this may be preceded by a notice of infringement by means of a bailiff's notification. This is not a requirement, however. A novelty search report issued by our office is required if infringement proceedings begin. This also applies to a former 6-year patent.

Bailiff's notification

The bailiff's notification is an official notice from a bailiff. This is used to inform the alleged infringer of the patent infringement.

Questions about patents?

If you need more information on how to apply for a patent in the Netherlands, please contact the public information office.

Commissioned by:
  • Ministry of Economic Affairs and Climate Policy
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