What is a patent?
With a patent, you receive the exclusive rights to an invention, product, or process. Obtaining a patent means that third parties are not allowed to copy, exploit, or import the invention.
What can you apply for a patent for?
You can apply for a patent for numerous subjects, including:
- An idea
- A brand name
- An app
- A deisgn
- A logo
- A game
- Certain software
- A product
How to apply for a patent?
A patent must be applied for at the Dutch Patent Office (Octrooicentrum Nederland), which is part of the Netherlands Enterprise Agency (Rijksdienst voor Ondernemend Nederland). Here’s how the exact procedure works:
- Apply for a patent at the Dutch Patent Office (Octrooicentrum Nederland).
- Request an examination of the application.
- An examination report is issued.
- Approval or request for modification of the application.
- Patent granted for 20 years.
Note that in step 2, it is necessary to submit a request for the examination of your application yourself. This can be done up to 13 months after the application.
Why should you apply for a patent?
By applying for a patent, you can protect your invention from infringement by third parties. Infringement can mean that others copy your invention, make almost identical copies, sell it, or import it. To prevent this, you can apply for a patent in the hope of obtaining patent protection.
Obtaining a patent is not only attractive for preventing infringement. By doing so, you also keep competitors out of the market segment, increase the value of your business, and often make it easier to attract investors. Additionally, patents can generate significant revenue, both in terms of increased revenue and through the sale of a patent.
What are the requirements for a patent?
However, obtaining a patent is not straightforward; the patent must meet various requirements. These three requirements are novelty, inventiveness, and industrial applicability.
- Novelty
The invention, product, or process must not have been disclosed to the public before the date of filing. It must be entirely new. It also applies that you yourself may not have previously presented the invention. - Inventiveness
Secondly, the invention must stand out and be a creative solution for a particular market. - Industrial applicability
The invention must also be practically applicable. It must be relevant and workable. When presenting the proposal to a professional, they should be able to work with it effectively.
Where can you search for patents?
You can find out if a patent already exists, what you can potentially do with the patent, and what other information is available in the patent register and various patent databases.
You can use patent databases to answer questions such as:
- What solutions have other entrepreneurs come up with in the same market?
- What trends are currently playing out in the same market?
- What technologies have been used for various inventions?
- Who has applied for certain patents?
How does patent checking work?
You can, of course, conduct your own research and check for patents, but to minimize risks, you can also have this done by a specialist, such as Registreermijnmerk. We ensure that any risks are eliminated before you apply for a patent. Especially when this decision depends on various financial risks, we strongly recommend this.
What is the difference between “octrooi” and “patent”?
Linguistically, the words “octrooi” and “patent” are exactly the same. However, there is a small difference; “octrooi” is the Dutch expression, and “patent” is the English one. When we go back to the origin of the word “patent,” we have actually started using this word entirely due to the internationalization of the Dutch language.
Besides the linguistic difference, there are also some differences in content. An “octrooi” is mainly regulated regionally and nationally. The requirements for obtaining and litigating a patent are different. The main differences lie in:
- Confidentiality
- The registration model
- Costs
Regarding confidentiality, in the Netherlands and most other countries, an invention may not be published in advance. Some countries have different rules for this, including the United States, Japan, and Canada. They have a so-called grace period in which the inventor can still have a patent application examined within a year of disclosing the invention.
The way patent registration takes place also differs from country to country. In the Netherlands, a patent is first registered and then examined. In most other countries, this works differently, with the patent being examined first and then registered.
Finally, there are differences in the costs of applying for an “octrooi” and a patent. The costs for applying, reporting, and registering vary everywhere.
So, an “octrooi” and a patent are indeed different in some respects
More information about applying for a patent? Consult our specialists
Do you want to know more about applying for a patent, the requirements for your invention, or do you have other questions? Please feel free to contact our team of specialists. We are here to assist you with sound knowledge and expertise.
