European Patent (EPO) Validation in Netherlands

1. Terms of patent validation in The Netherlands

The period for filing the translation in 3 months after the date on which the mention of the grant, maintenance in amended form or limitation of the European patent is published in the European Patent Bulletin.

2. Conditions for patent validation in The Netherlands

2.1 Translation –  The translation must be filed in Dutch.

• For provisional protection: it is required a translation of the complete patent specification, in Dutch.
• After grant: A translation of the claims into Dutch must be supplied under the conditions provided for in Art. 65(1) EPC. No further requirements if the European patent has been granted in English. If the European patent has been granted in French or German, a translation into English must be supplied under the conditions provided for in Art. 65(1) EPC. The translation must also be supplied in Dutch. Due date is 3 months after the date on which the mention of the grant, maintenance in amended form or limitation of the European patent is published in the European Patent Bulletin.

2.2 Payment of patent validation and national registration fees:

There is no special fee to be paid.

3. Effect of the European patent as a national Netherlands patent

Under Article 64(1) EPC, a European patent automatically confers on its proprietor from the date on which the mention of the grant is published in the European Patent Bulletin, in each contracting state in respect of which it is granted, the same rights as would be conferred by a national patent granted in that state.

4. Patent annuities in The Netherlands

• Due date: renewal fees must be paid for each coming patent year and are due on the last day of the month in which the anniversary of the date of filing falls.
• Earliest possible date for payment: no specific legal provision (any time after grant of the patent).
• Period of grace for payment of fees (with surcharge): 6 months from due date.