You Own a Patent

Published on:

23 March 2021

Last checked on:

28 July 2022

To keep your patent valid, you will need to pay a fee each year. You must also make sure your details are registered correctly. If someone violates your patent, you can take action. You can keep your patent yourself, or you can sell or licence it to someone else.

If you own a patent, you can file a patent on the same invention in a different country. You must do so within 12 months of the application date. You cannot do this once this 12-month period has ended (priority right under the Paris Convention).

How can we help you?

Earn money from a patent
When you use your patent yourself, you stay in control of every aspect. This offers advantages, but there are disadvantages as well.
Work together with other parties
Sometimes, there are advantages to working together with another market party when you want to market your invention.
Grant licences to use your patent
You own a patent, but want another party to use it. Or perhaps you want to use know-how that is protected by someone else’s patent.
Sell your patent
Selling a patent is usually not what an inventor wants to do. Still, selling can earn you a lot of money.
Disputes & advice
Patents can give rise to disputes between 2 or more parties. For example, the patent owner might believe that another party has infringed his/her patent or someone might feel wrongfully restricted as a result of someone else's patent.

Enforcing your patent

During the term of your patent, the issue will arise as to whether or not you intend to manufacture the item yourself. The trick to owning a patent is, after all, to exploit the invention in such a way that it makes the most money. However, careful consideration is required in licensing or selling the patent with a view to maximising profits.

You will certainly have to contend with maintenance fees, reinstatement options and potentially an opposition procedure.

Your information in the patent register

It is your responsibility to make sure your details in the patent register are correct and up to date. You can also ask an authorised representative or an attorney registered in the Netherlands to take care of this administrative task for you. In any case, you must register the following details correctly:

Registration of court proceedings, final decision of the court and conclusion of the court proceedings;
Surrender of the patent;
Withdrawal of the patent application.

Check the Dutch patent register to see which details they have on file for you.

Payment of fees

To keep your patent valid, you will need to pay a fee each year (the annuity fee). For a Dutch patent, you must make the first payment before the start of the fourth year after the application has been filed.

Managing your patent

Your organisation has taken the step of applying for a patent. Once you have received your granted patent, however, the process does not end there. You will also have to invest time, money and energy in managing your patent during the 20-year term. For example, you will need to detect any infringements of your intellectual property rights and take subsequent action. You also need to pass on any changes to your company name or address. We have provided a list of all procedures relating to the enforcement, amendment and defence of your patent.