Changes in the Netherlands Patent Act
30-Apr-2008 AMSTERDAM - The amended Netherlands Patent Act will enter into force on June 5, 2008. According to Patentwerk, the most relevant changes are outlined as follows:
• Filing in English
The description of a national Netherlands patent application can be filed in the English language; only the claims have to be filed in Dutch. This may in specific situations significantly reduce the translation costs.
• Phase-out of six-year Netherlands patent
It is no longer possible to obtain a six-year patent that is granted without a novelty report being made up. As of June 5, a novelty search is mandatory for all Netherlands patent applications and a patent with a maximal duration of 20-year will be issued including the results of the novelty report. Applicants may choose between searches of national or international type (the latter could later be used during a subsequent International or European application).
• Changes of various fees
1. Search fees
The fee in respect of a novelty search of the national type is reduced from 340 to 100 Euro. The fee for a novelty search of international type will remain the same.
2. Filing fees
The cost for filing a patent application on paper is increased from 90 to 120 Euro. The cost for filing electronically will be slightly reduced.
3. Renewal fees
The first annuity will be due four years after the filing date (instead of the present five years). The tax-free period after filing is thus reduced to three years. Also, a new calculation basis for the renewal fees is introduced. In the new system, the amount of the maintenance fee is calculated on the basis of the number of years that have passed since the patent application was filed. The Netherlands legislation on annuities is hereby brought in line with other European legislations.