NETHERLANDS Law and Practice Contributed by: Rutger Kleemans, Jelle Drok, Ruben Laddé and Allard van Duijn, Freshfields
European Patents The European patent grant procedure usually takes about three to five years from the date the application is filed. Applicants can in principle file the application without representation. Applicants who do not have their residence or principal place of busi- ness in an EPC contracting state must appoint a representative and act through them in all EPC proceedings other than in filing the European patent application, initiating the European phase of an international (PCT) application within the applicable time limit or paying fees. The average costs for a European patent grant procedure include the following. • Filing and search fees: at least EUR1,655 (EUR1,805 if filed on paper). • Total cost to grant: on average, EUR6,800 (EUR6,950 if filed on paper), though this can vary. • Post-grant fees: renewal fees for each desig- nated state and possible validation fees. • Additional costs: fees for patent attorneys, varying depending, inter alia, on the inven- tion’s complexity. Unitary Patent The unitary patent simplifies the application pro- cess, eliminating the need for separate validation in participating states. An application for a uni- tary patent will cost about EUR6,000. 1.4 Term of Each Intellectual Property Right The term of a patent right is 20 years from the filing date of the patent application. However, in practice, many patents do not remain in force for the entire 20-year period. A patent may expire earlier, for example, if maintenance fees are not
• Opposition: after the patent is granted, third parties can oppose it within nine months after grant. After the grant procedure, the patent holder has the option to validate the European pat- ent in individual EPO member states, including one extension state (Bosnia and Herzegovina) and five validation states (Cambodia, Georgia, Morocco, Republic of Moldova and Tunisia). Alternatively, the holder can request a “unitary effect” for the patent, which grants direct effect in 18 EU member states, including the Nether- lands. 1.3 Timeline for Grant Procedure Dutch National Patents For a Dutch national patent, the grant procedure typically takes 18 months from the filing date. A patent is granted automatically if it meets all formal requirements, regardless of the results of the novelty search. There is no requirement for representation to ini- tiate the grant procedure. However, applicants often choose to engage a patent attorney for guidance through the process. The average costs for a national patent grant procedure include: • an application fee of EUR80 for digital sub- mission or EUR120 for paper submission; • a mandatory state-of-the-art examination, costing EUR100 for a national search or EUR794 for an international search; and • patent attorney fees typically range between EUR5,000 and EUR10,000, among other things depending on the complexity of the invention.
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