NETHERLANDS Law and Practice Contributed by: Rutger Kleemans, Jelle Drok, Ruben Laddé and Allard van Duijn, Freshfields
1.7 Third-Party Rights to Participate in Grant Proceedings National Patents There is no right for third parties to intervene during the grant procedure for a Dutch national patent. European Patents Third-party observations can be submitted to the EPO following the publication of a European patent application. These observations, which may address matters such as novelty, inventive step and patentability, must be submitted in English, French or German and should include reasons. They can be filed anonymously via the EPO’s online system. The EPO may take these observations into account during the examina- tion process, and they are added to the applica- tion file. 1.8 Remedies Against Refusal to Grant an Intellectual Property Right National Patents In the absence of a substantive examination, there are limited administrative procedures avail- able. Office actions typically focus on the formal aspects of an application. Decisions made by the patent office regarding formal objections or reinstatement can initially be addressed directly to the Netherlands Patent Office. The subse- quent decision from the Netherlands Patent Office can be appealed to the administrative
1.9 Consequences of Failure to Pay Annual Fees National Patents Once a national patent has been granted, an annual renewal fee must be paid to the National Patent Office to maintain the patent in force. The proprietor begins to pay the annual fee prior to the beginning of the fourth year following the filing of the patent application. The annual fee increases during the life of the patent. An annual fee may be paid no later than six months following the date of lapse. A fine is payable, however, namely 50% of the amount due. If the fees have not been paid during this six-month grace period, the patent lapses. It may only be restored in particularly exceptional circumstances. To restore the patent right, a request for restoration must be filed in writing with the Netherlands Patent Office within two months from the date that the missed deadline was discovered and no later than one year after the deadline has passed. European Patents To keep a European patent in force, renewal fees must be paid in each designated state where the patent has been validated. The amount of the renewal fee differs between states. In nearly all states, there is a six-month grace period after the due date to pay the renewal fees, subject to a surcharge. For unitary patents, renewal fees are paid cen- trally to the EPO for all participating states. 1.10 Post-Grant Proceedings Available to Owners of Intellectual Property Rights National Patents The patent owner can amend its national pat- ent after it is granted by registration of a deed to that effect in the Dutch patent register. The
court in The Hague. European Patents
The refusal of the application for a European patent can be appealed to the EPO’s Board of Appeal within two months of the notification of the decision.
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