Patent application
It is necessary to file a patent application in order to protect your innovation. A patent is an exclusive (sole) right of industrial manufacture or sale of a product or other exploitation of an invention. As patent holder you acquire a monopoly on the innovative technology, which is specified as the invention. In a patent application we describe your invention in detail and endeavour to secure the widest possible scope of protection for you. In order to be valid a patent must meet the following three requirements:
– Novelty
– Inventive step
– Industrial applicability.
These requirements are laid down in diverse patent legislation, including the State Patents Act and the European Patent Convention.
The drafting of a patent application is no simple matter. A patent application has to be carefully structured, and nothing is left to chance. The claims, which define the scope of protection, must be logical and broadly formulated such that many variants of the invention fall within the scope of protection. The patent application must include sufficient technical information to allow changes to the sought-after scope of protection in a grant procedure. The patent application must also comply with all kinds of legal requirements.
Preliminary novelty search
We can carry out a preliminary novelty search for you in order to determine the novelty of your invention. Using this search we can determine whether your invention is possibly already known, wholly or in part, in the patent literature. On the basis of this search you can get an idea of the feasible scope of protection of a possible patent.
Experience shows that €1,000 (excl. VAT) represents a reasonable estimate of the cost of a preliminary novelty search.
Where to apply for patent?
In order to protect your innovation, it is necessary to file a patent application. A patent is an exclusive (sole) right of industrial manufacture or sale of a product or other exploitation of an invention.
In many cases, applying for a patent in the Netherlands a good start. The Netherlands has a registration procedure, so a patent application will always be granted for your invention. Within one year after filing of the Dutch patent application it is possible to file your patent application abroad. This can be done by filing an International patent application (PCT ) or by direct filing of national patent application (US , Japan, China , etc) and/or regional patent applications ( Europe )
In some cases, when it is crucial to obtain patent rights in various countries as soon as possible, customers can opt for direct filing of an international patent application , national patent applications (outside the Netherlands ) and/or regional patent applications (Europe).
Is a patent in my best interests?
A patent is no guarantee of commercial success. This will depend mainly on your own efforts. With a patent you can however put space between you and your competitors, since a patent gives you protection against imitation and provides you with various possibilities for damages should your patent be infringed. You can also grant a licence under your patent. A patent will ultimately create added value for your company.
The costs of a patent application
The cost of drawing up and filing a patent application depend on the nature of the invention and the country or region of filing.
An average estimate for drawing up and filing a patent application for the Netherlands is between € 4,000 and € 5,000 (excl. VAT)
