Frequently Asked Questions

You are probably more familiar with the word "patent" than the word "octrooi". However, the meaning of both words is the same. "Patent" is the term used worldwide to indicate the protection of an invention.

The word "octrooi" is currently used almost exclusively in Dutch-speaking areas. Its origin can be found in the French word "octroi". That word referred to taxes levied on certain goods. However, for many years, the term "brevet d’invention" has been used in France to protect inventions.

Your invention must be kept secret until the day the patent application is filed. Only when an official filing date has been obtained can the invention be made public: from that moment on, you may use the invention, offer it for sale, advertise it, or mention it on your website. An invention that has become known before the patent application has been filed can no longer be protected!

Sometimes you do need to discuss the invention in advance with a manufacturer or another interested party. In that case, a confidentiality agreement offers a solution. Patent Office Novopatent can draft a confidentiality agreement for you that can be directed at the entire invention or a part of it. Please contact us via the contact form or by telephone.

If you are only interested in the Netherlands, you only need to apply for a Dutch patent. After all, a Dutch patent also protects against infringers from abroad. As the holder of a Dutch patent, you are the only one entitled to market, trade, use, etc., your invention in the Netherlands.

If your economic activities extend (or are going to extend) to multiple countries in Europe, it may be beneficial to file a European patent application (as well). However, applying for a patent in those countries is also an option if your competitors are located in other European countries and you wish to bind them to you by means of a license. Separate foreign patent applications, possibly preceded by an International (PCT) patent application, can be beneficial if you also desire protection outside Europe.

Usually, the process begins with a Dutch patent application. Depending on the outcome of the official novelty search conducted by the Netherlands Patent Office, you decide whether to also file patent applications abroad.

If you are not yet certain in which other countries you wish to file patent applications, an International (PCT) patent application can subsequently be filed. This gives you a total of 30 months to make the final choice of countries. A European patent application is a good option if you wish to obtain protection in a number of countries in Europe.

The profession of patent attorney is protected. This means that only those persons who have successfully completed a three-year postgraduate training program may call themselves Dutch patent attorneys.

A European patent attorney (official term: European patent attorney) has, on top of that, successfully completed an additional two-year training program. Consequently, a patent attorney is optimally trained to draft and file the patent application for you. Because a patent attorney represents you before the Netherlands Patent Office, the European Patent Office, and the International WIPO, you do not need to deal with the patent application yourself. You can rest assured that your patent attorney will perform all necessary work.

A "patent expert" or a "patent specialist" is in no way a patent attorney. He has not completed any training, meaning he cannot provide the quality of a patent attorney. There is a very high chance that you will receive a worthless patent! Furthermore, he is not authorized to represent you before the aforementioned patent authorities. In the unlikely event that something goes wrong, you have no right to request rectification!

An invention is simply defined as an improvement to an existing product or process, or as a completely new product or process. To be able to patent an invention, the invention must be "technically applicable" in some way. In practice, this means that if the invention is a product that can be made or a process that can be performed, it is also technically applicable.

Three requirements

In addition, the invention must meet three requirements: novelty, inventiveness, and industrial applicability. Novelty is strict and is determined based on publications from all over the world. If your invention is already known in exactly the same form, a patent can no longer be obtained.

Inventiveness

Inventiveness is more difficult to determine. In general, if two publications jointly describe your invention, it shows a "lack of inventiveness." In that case, too, no patent will be granted. Industrial applicability applies to virtually all inventions. As soon as the invention possesses a technical element, this condition will be met.

In the downloadable Patent Route Scheme, you will receive a non-binding indication of the costs you should take into account. A more accurate estimate of the costs of a new patent application can often be provided during a free, no-obligation initial consultation. There are no further obligations attached to this.

Please contact us via the contact form or by telephone to schedule an appointment.

Patent Office Novopatent can conduct a preliminary novelty search for you to specifically determine what your competitors are doing. Such a search can usually be carried out within a few days, sometimes even on the same day. This search is conducted in patent databases containing publications from all over the world. This provides you with a good and comprehensive picture of the "state of the art," that is to say, of what is known on that day regarding your invention.

Novelty Search

A novelty search yields many patent publications, giving an inventor new ideas to further refine their own invention! Consequently, the costs of a novelty search are often recouped on the very same day.

Almost all patent application applicants occasionally receive an invoice from organizations seeking to profit from the inventive work of others. When you handle your patent applications through a patent attorney, you will not be bothered by this. Patent Office Novopatent knows which agencies send bona fide invoices. You will therefore remain protected from these practices.

If you have questions: submit them to us

You can submit any invoice that is nevertheless sent directly to you to us. We can then determine whether or not it needs to be paid. As has been shown, usually it does not!

Ir. Koos Plaggenborg has worked at several renowned patent firms in the Netherlands since 1993. As a rule, these renowned firms have a cost structure that is reflected in the rates passed on to the client.

Fast, attentive, and personal

Octrooibureau Novopatent aims to reduce costs for the client. Naturally, the quality will be what you can expect from a sworn patent attorney. In addition, at Octrooibureau Novopatent, you receive fast, attentive, and personal assistance. An approach that ultimately works to your advantage and ours.