Route to Patent

Patent protection usually begins with filing a Dutch patent application. This results in savings on start-up costs, as applying for a Dutch patent is cheaper than applying for a European or International (PCT) patent.

First filing

The so-called priority year begins with the filing of the "first filing" (on the priority date). Foreign patent applications may be filed up to one year after the filing of this "first filing".

Consultation

The drafting of a patent application begins with a consultation between the inventor and the patent attorney to determine the possibilities and goals. Subsequently, the patent attorney will prepare a first draft and discuss it extensively with the inventor. Only when both the inventor and the patent attorney are satisfied with the drafted document the patent application is filed as a "first filing" (also known as a "Premier Depot").

First filing

The so-called priority year begins with the filing of the "first filing" (on the priority date). Foreign patent applications may be filed up to one year after the filing of this "first filing".

That has three major advantages!

The first advantage is that you can further develop the invention during that priority year. These developments can be included in subsequent patent applications. To fully benefit from the priority, the developments must not substantially alter the invention: the invention must remain the same. In general, this is almost always the case.
The second advantage consists of the opportunity to explore the market for a year. If it turns out that the invention does not catch on or that there is no market for it at all, you will not have had to incur high costs for filing additional patent applications, such as a European or International (PCT) patent application.
The third advantage is that the priority year is valid not only for the Netherlands but also abroad! If you have an initial filing in the Netherlands, you can simply bring your invention to market abroad before applying for a patent there. Even if someone else files a patent application abroad during your priority year, you retain your rights in that country, provided you file your own patent application in that country within your priority year.

Which patent applications are possible?

Dutch patent

If you are only interested in the Netherlands for your invention, it makes sense to apply for a patent only in the Netherlands. A Dutch patent also protects against infringers from abroad. As the patent holder, you are the only one entitled to market, trade, use, etc., your invention in the Netherlands. The sworn patent attorney of Octrooibureau Novopatent is authorized to represent you directly before the NL Patent Office.

European patent

In some cases, it may be beneficial to apply for not only a Dutch patent but also a European patent. For example, when your economic activities extend (or are likely to extend) to multiple countries in Europe. This is also the case when your competitors are located in other European countries and you wish to bind them to you in those countries by means of a license.

The European patent application can be filed as the first patent application, but can also be filed within the aforementioned priority year. Novopatent’s European patent attorney is authorized to represent you in all activities before the European Patent Office.

The costs for a European patent may seem substantial at first glance, but with the exclusive right the patent offers you, the costs are usually quickly recouped.

International (PCT) patent

An International (PCT) patent application is an anomaly. This is because it does not result in a patent. In fact, an International (PCT) patent application is an extension of the priority year.

With an International (PCT) patent application, you do not have to make the decision to file foreign patent applications until two and a half years (30 months) after the initial filing date (the priority date). This offers the aforementioned advantage that you have much more time to determine whether you can market the invention. The costs of filing the International (PCT) patent application certainly outweigh the costs you incur by filing foreign patent applications immediately and then having to accept that you cannot recoup them.

Novopatent's patent attorney is also authorized to represent you before the WIPO (World Intellectual Property Organization).

Foreign national patent

Virtually every country in the world has patent law today. This means that you can apply for a patent in virtually the entire world.

Is that sensible?

No. It will never be sensible to apply for a patent in every country. Not even if you intend to sell your invention worldwide. Depending on the technical (and economic) field to which your invention relates, applying for a patent in a number of strategically chosen countries is sufficient. If 90% of your turnover takes place in five countries, you will only benefit from a patent in those specific countries.

Furthermore, for example, an invention in the field of marine vessels will not need to be protected in Switzerland... Nor will it be sensible to protect an invention relating to a tropical product in Finland.

Three routes to a foreign national patent

Applications for a foreign national patent can be filed according to three basic routes:

We handle a foreign patent application directly as a "first filing".
We first handle a Dutch patent application and file the foreign patent application within its priority year.
We first handle a European patent application or an International (PCT) patent application and have it transition into the foreign patent application.

The most comprehensive method is first a Dutch patent application, then an International (PCT) patent application and subsequently a European patent application, after which a national patent is finally obtained.

Download

Download a flowchart here with an overview of the patent granting process and a no-obligation cost estimate.

The diagram is an example of the three basic routes that can be chosen to obtain patent protection outside the Netherlands. Naturally, multiple options are available. The route to be taken is always determined in consultation with you.

You can decide for yourself in which countries within and outside Europe the patent is applied for.

Website

View or download an overview here of the 38 countries that are currently (as of October 31, 2017) signatories to the European Patent Convention.

Website

Download an overview of the 152 countries (as of October 31, 2017) affiliated with the international PCT organization (WIPO) here.

If you wish to stop the application procedure at any point, you may do so at any time. There is no obligation to complete an initiated procedure in its entirety.

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Route to Patent

First filing

Consultation

First filing

That has three major advantages!

Which patent applications are possible?

Is that sensible?

Three routes to a foreign national patent

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