Patents of Invention

Legal basis: Patent Law in the Netherlands and in Caribbean Netherlands is laid down in the 1995 Kingdom Patent Act (as amended) and the Patent Rules of 1995.

Patent applications by residents of Caribbean Netherlands may be filed with the Dutch Patent Office in The Hague.

Types of patents: (a) national (Netherlands) patents of invention; (b) European patents valid in the Netherlands. (Industrial designs: not yet registrable.)

Territory covered: a (national) Netherlands patent is effective on the territory of the Netherlands (in Europe), the BES Islands, Curaçao and St. Maarten, but is not effective in Aruba. As far as the exploration or exploitation of minerals is concerned, a Dutch national patent is also effective on the parts of the continental shelf contiguous to the said countries and public bodies. At the time of writing, a European patent in so far as granted for the Netherlands and validated after April 1, 2007, is also effective in the BES Islands, Curaçao and St. Maarten (but not Aruba).

For further information on the registration and maintenance of a patent, please see the article on The Netherlands.