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NETHERLANDS Patent Regulations 2

CHAPTER 2 Implementation provisions in relation to applications to patent or patents

§ 1 The patent register

 Art. 2 Institution of patent register

The office shall establish the patent register in compliance with Articles 3 through 5.

 Art. 3 Filing of applications

The registration of applications shall take place by entry of the following in the patent register:

  1. the date of the filing and the serial number of the application, as well as the date of submission and the serial number of the original application in the event it pertains to a separate application within the meaning of Article 28 of the Act, first paragraph, and furthermore, in such cases as arise, the fact that it pertains to a converted application within the meaning of Article 47 of the Act;
  2. the name and residence of the applicant, as well as the name of the representative in the event one has been appointed;
  3. the name and residence of the inventor, unless said person has stated in writing that he does not require that he be mentioned as the inventor;
  4. the brief description of the invention and the description of the category into which the application is included in accordance with the international classification of patents referred to in the Strasbourg Agreement of 24 March 1971 on the international classification of patents (Trb. 1972,81);
  5. the full text of the abstract to the patent application;
  6. in the event of application of Article 25 of the Act, second paragraph: the depositary institution with which, and the number under which the culture of the micro-organism in question has been deposited, and the date thereof;
  7. the desire to take advantage of a right of priority within the meaning of Article 9 of the Act, stating the date and the number of the application on which the applicant bases this, and the country in or the organization with which this application has been filed.

 Art. 4 Registration of other documents

  1. Furthermore the patent register shall register:
    1. documents presented to the office for which registration in the patent register must be officially effected pursuant to the Act or upon request;
    2. documents presented to the office, not constituting documents referred to under a., involving rights or obligations of a patent applicant, a proprietor or a third party, pertaining to an application to patent or a patent;
    3. documents, relating to an application to patent or a patent presented to the office, from which a proprietor's name's change is evident.
  2. The registration is effected by recording of the nature and subject of the document, as well as the date of filing of the document.

 Art. 5 Entries to the patent register

  1. Entry in the patent register shall be made of:
    1. facts as to which official note must be made pursuant to the Act;
    2. the filing of documents other than those referred to in Article 4, as well as facts other than those referred to under a., the entry of which, in the judgement of the office, is necessary for a clear overview of all that occurs in regard to applications to patent and to patents.
  2. The entry is effected by recording the nature and the date of the fact, as well as the nature of the document, in the event that the entry pertains to the filing of a document.

§ 2 The amounts payable pursuant to the 1995 Patent Act

 Art. 6 Amounts payable

1. The amount that must be paid, pursuant to Article 23 of the Act, third paragraph, upon filing of a petition for re-establishment of rights is NLG 355.

2. The amount that must be paid, pursuant to Article 24 of the Act, fifth paragraph, upon submission of an application to patent is NLG 325.

3. The amount that must be paid, pursuant to Articles 32, third paragraph and 37, third paragraph of the Act, upon submission of a petition within the meaning of those articles is:
NLG 1200, in the event that it pertains to a petition to institute a search report into the state of the art, not constituting an international type of search report;
NLG 2400, in the event that it pertains to subjecting an application to an international type search report.

4. The amounts referred to in the third paragraph shall be returned if, within a period of three months after the filing of the petition, the result of a study of the state of the art already previously instituted by the European Patent Office or the Office on an analogous patent application is submitted concerning an analogous study of the state of the art.

5. The amounts referred to in the third paragraph need not be paid for a petition for the institution of a search into the state of the art if the result of a study of the state of the art already previously instituted by the European Patent Office or the Office on an analogous patent application instituted for an analogous study into the state of the art is submitted along with the petition.

6. The amount that must be paid, pursuant to Article 52, first, sixth, and seventh paragraphs of the Act in the matter of the filing of the translation in the Dutch language of a European patent specification or, in the event the European patent has been amended in opposition proceedings, of a new European patent specification, or an amended translation of a European patent specification or a new European patent specification, respectively, is NLG 55.

7. The amount that must be paid annually pursuant to Article 61 of the Act, first or second paragraph, in the matter of a patent or a European patent respectively, is:

Amounts payable

The first time

NLG 480

The second time

NLG 555

The third time

NLG 630

The fourth time

NLG 700

The fifth time

NLG 775

The sixth time

NLG 875

The seventh time

NLG 975

The eighth time

NLG 1075

The ninth time

NLG 1150

The tenth time

NLG 1225

The eleventh time

NLG 1300

The twelfth time

NLG 1400

The thirteenth time

NLG 1600

The fourteenth time

NLG 1700

The fifteenth time

NLG 1775

The sixteenth time

NLG 1850

The seventeenth time

NLG 1950

The eighteenth and subsequent times

NLG 2025

8. The increase due pursuant to Article 61 of the Act, third paragraph, upon payment after the due date amounts to NLG 50.

9. The payment due pursuant to Article 84 of the Act, third paragraph, for the opinion referred to in that article amounts to NLG 1200.

 Art. 7 The amounts due in the context of the Cooperation Treaty

  1. The amounts that must be paid pursuant to Article 17 of the Act, second paragraph, for activities of the Office as receiving office within the meaning of Article 2 under (XV) of the Cooperation Treaty are:
    1. the transmittal fee, referred to in Rule 14.1 of the Rules of Procedure to the Cooperation Treaty: NLG 110;
    2. the fee referred to in Rule 20.9 of said Rules of Procedure: NLG 20 for each certified copy.
  2. The international fee and the fee for the search report within the meaning of Rule 15 or Rule 16 respectively, of the Rules of Procedure cited in the first paragraph under a., must be paid to the office in Dutch currency.
  3. The transmittal fee established in the first paragraph under a. must be paid to the office within one month after the date of receipt of the application.

 Art. 8. Other amounts payable

  1. An amount of NLG 50 is payable for the registration of a petition within the meaning of Article 38 of the Act, second paragraph.
  2. The amount payable pursuant to Article 56, second paragraph, or 64, second paragraph of the Act, for the registration of the title of a license or the deed, respectively, constituting transfer or other transition of a patent or of the right ensuing from an application to patent is NLG 60 for each patent and each application to which the deed in question pertains.
  3. An amount of NLG 24 per patent and per application is payable for the registration of a document pertaining to an application to patent or a patent, from which the change of the proprietor's name is evident. In the event that the change of name pertains to more than five patents or applications to patent, then an amount of NLG 12 is payable for each subsequent patent and each subsequent patent application.
  4. For the registration of documents presented for registration other than those referred to in the previous paragraphs, NLG 60 is payable for each, subject to the proviso that in the event that a document relates to more than one patent or application to patent, the amount shall be payable that number of extra times.

§ 3 General provisions regarding documents pertaining to an application to patent or a patent

 Art. 9 General provisions

  1. Payments shall explicitly and fully state the purpose of the payment, with division of the total amount if necessary.
  2. The signatures on documents shall be notarized if the Office so requires.

§ 4 Regulations for an application to patent, and the description, drawings and abstract to same.

 Art. 10 Requirements as to application contents

  1. An application to patent shall be submitted in duplicate and in addition to that prescribed in Article 24 of the Act, first paragraph, under a. and b., shall state the following:
    1. if a representative has been appointed: his name, residence and address;
    2. if it pertains to a separate application within the meaning of Article 28 of the Act: the date of submission and the serial number of the original application.
  2. The concise designation referred to in Article 24 of the Act, first paragraph under d., shall exclude all fancy names. In the event that the description with which the application concludes contains claims from different categories, this must be evident from the concise designation.
  3. The application shall include a summary of the annexes, stating the nature of each.
  4. In the event the application has been submitted by more than one person, a common domicile for the applicants shall be stated. Furthermore, in the event that no representative has been appointed, the applicant who will act as their common representative shall be indicated.

 Art. 11 Requirements as to the description

The description accompanying an application to patent must comply with the following regulations:

  1. the description shall be filed in duplicate and placed on one side of one or more sheets of paper, of A4 dimensions (29.7 X 21 cm), which is pliable, strong, white, smooth, matt and durable;
  2. the description shall be printed or typed with a dark indelible ink, so as to allow direct reproduction by photography, electrostatic processes, photo offset and microfilming in an unlimited number of copies; the sheets shall be free of creases, cracks and folds;
  3. the text shall be typed or printed using 1.5 lines spacing between the lines of text; the entire text shall be rendered in letters, the capital letters of which shall be at least 0.21 cm high;
  4. graphic symbols and signs and chemical or mathematical formulas shall be rendered precisely, and if necessary, may be written by hand or drawn;
  5. the heading of the description shall state the concise designation referred to in Article 24 of the Act, first paragraph under d;
  6. claims within the meaning of Article 24 of the Act, first paragraph under e. shall commence on a new sheet and shall be numbered consecutively;
  7. every fifth line of each page of the description shall be numbered, the numbers being placed in the right half of the left margin;
  8. the pages of the description shall be numbered consecutively in Arabic numerals; the page numbers shall be placed in the middle at the top of the pages;
  9. the pages of the description shall have blank edges all around measuring not less than:
    upper margin 2 cm
    right margin 2 cm
    left margin 2.5 cm
    lower margin 2 cm
  10. the description shall indicate what result in the area of industry is envisaged, defining its novelty in comparison to the state of the art;
  11. the claims of the description shall precisely indicate what is new and for what aspect the exclusive right is sought;
  12. the description and the claims to a separate application within the meaning of Article 28 of the Act must be understandable without consulting the original application;
  13. the description shall be stated precisely and correctly, as briefly as possible and without pointless repetitions, free of erasures and alterations, interwritings and interlineations;
  14. weights and measures in the description shall be expressed using the metric system, temperatures in degrees Celsius, chemical elements, compounds and quantities, as well as quantities from the standpoint of physics and technology shall be expressed in the manner of accepted international practice;
  15. the description shall contain no figures other than scientific, mathematical or technical formulas and symbols;
  16. the figures referred to under o. shall be submitted separately as drawings in the event that printing them would take up too much space or would occasion other difficulties;
  17. in the event that the application pertains to a nucleotide sequence or an amino acid sequence:
    i) the description of the invention shall contain an enumeration sequence in compliance with the standards set by the World Organization for Intellectual Property;
    ii) when a search report is requested for it, the application shall be accompanied by an electronic data carrier containing the enumeration sequence referred to under i) in a form which can be mechanically read and which complies with the criteria established by the European Patent Office.

 Art. 12 Requirements as to drawings

The drawings to an application to patent must satisfy the following regulations as to form:

  1. they shall be filed in duplicate and be placed on one side of one or more sheets of paper of A4 dimensions (29.7 X 21 cm) which is pliable, strong, white, smooth, matt and durable;
  2. all parts of them shall be executed in firm, uniformly drawn, durable lines consisting of a single dark color, so as to admit direct reproduction by photography, electrostatic processes, photo offset and microfilming in an unlimited number of copies; the sheets shall be free of creases, cracks and folds;
  3. the pages of the drawings shall have blank edges all around measuring not less than:
    upper margin 2 cm
    right margin 2 cm
    left margin 2.5 cm
    lower margin 2 cm
  4. the individual figures are clearly separated from each other and numbered consecutively;
  5. the drawings are clear and include nothing in excess of what is necessary for a correct understanding of the invention;
  6. cross-sections shall be indicated by hatching which does not impede clear differentiation of reference symbols and lines;
  7. in determining the scale of the drawings the level of complexity of the figures shall be taken into consideration; the scale shall be adequate to enable the detail to be seen without difficulty on a photographic reproduction to two-thirds of the size;
  8. reference symbols designating the figures or parts of figures shall only be used to the extent that a proper understanding of the description requires same; they shall correspond to the reference symbols which occur in the description; the same parts in different drawings shall be indicated using the same reference symbols;
  9. in the event that variants of the invention are described in the description, a system shall be used in the figures corresponding to these variants, whereby the same features in different figures are designated by related reference numbers, so that, for example, general feature "15" is designated in variants by "115", "215" etc;
  10. a reference symbol shall not be utilized for different parts, nor in different figures; addition of accents or numbers to the reference symbols shall be avoided as much as possible;
  11. the drawings shall include no explanatory text, with the exception of designations such as water, steam II-II (for a cross-section), open, closed and as regards electrical block schematics or production diagrams, the designations necessary for a proper understanding of them; these designations shall be stated in the Dutch language.

 Art. 13 Requirements as to the abstract

The abstract to an application must satisfy with the following requirements:

  1. a. it shall be filed in duplicate and be typed or printed in a dark, indelible ink on durable white paper of A4 size (29.7 X 21 cm);
  2. b. it shall be drawn up in the Dutch language and consist of at least 50 and not more than 250 words or at most 150 in the event the abstract includes a figure;
  3. c. in principle it shall include only one figure which is filed on a separate A4 sheet.

 Art. 14 Standard forms

It is preferable that an application to patent and its description be organized in conformity with the standard forms established for that purpose by the Office.

§ 5 Provisions for documents, other than those referred to in paragraph 4, pertaining to an application to patent or a patent

 Art. 15 Provisions in relation to other documents

  1. Documents presented to the Office which pertain to an application to patent or a patent and which are not documents referred to in paragraph 4, shall be filed in duplicate and include a caption containing the name and domicile of the applicant or the title holder/proprietor and the serial number of the application or the patent.
  2. The documents referred to in the first paragraph shall be clearly legible and with the exception of documents referred to in Article 9 of the Act, sixth paragraph, shall be drafted in the Dutch language or provided with a certified Dutch translation, if requested. Upon request, the Office is authorized to grant exemption, whether temporary or otherwise, from the provision regarding a Dutch translation.

 Art. 16 Requirements as to petitions

The petitions referred to in the Act shall be signed by the filing party or his representative and shall state:

  1. the family name, given names and the residence, or in the event that it pertains to a legal person, the name and domicile of the one sending in the application, as well as his address in the event no representative has been appointed;
  2. in the event a representative has been appointed, the name, residence and address of same.

§ 6 Provisions regarding patent applications and patents pertaining to micro-organisms

 Art. 17 Provisions in relation to patent applications for micro-organisms

  1. In cases as referred to in Article 25 of the Act, second paragraph, the description of the invention:
    1. shall include relevant information as is available to the applicant on the characteristics of the micro-organism;
    2. shall state the depositary institution, the number of the culture deposit and the date on which it was deposited.
  2. The following shall be submitted with the application:
    1. a statement containing the applicant's irrevocable grant of permission to provide, in accordance with Article 21, samples of the culture of the micro-organism deposited by him;
    2. a copy of the proof of receipt issued by the depositary institution where the micro-organism has been deposited;
    3. a copy of the statement as referred to in Article 19.
  3. The number referred to in the first paragraph under b. and the copy referred to in the second paragraph under b. can also be provided within a period of one month after the filing of the application.

 Art. 18 Deposit of cultures of micro-organisms

  1. In accordance with Article 25 of the Act, second paragraph, the deposit of cultures of micro-organisms can take place with:
    1. an institution which, pursuant to the Convention on the international recognition of the deposit of micro-organisms for the grant of patents (Trb. 1978, 90), has the status of an international depositary or
    2. an institution designated by the Office.
  2. A designation as referred to in the first paragraph requires that the institution in question be willing and able to:
    1. to take the deposit of cultures of micro-organisms, subject to issuance of proof of receipt, and to store them in accordance with Article 20, first paragraph, while taking the necessary measures to maintain their characteristics and safety;
    2. to provide, in accordance with Article 21, samples of the cultures of micro-organisms deposited;
    3. without prejudice to the provisions of a. and b., to keep cultures of the deposited micro-organisms available and make them available by providing samples of same for a period of at least five years after the time at which the last request to provide a sample of the culture in question has been received by the institution, and in any event for a period of at least 30 years after the date of the deposit.
  3. A designation within the meaning of the first paragraph under b. can be made for all or for given types of cultures of micro-organisms.
  4. The Office shall withdraw a designation within the meaning of the first paragraph under b. in the event that the institution in question no longer satisfies the second paragraph.
  5. For the purposes of the second paragraph under b. an institution designated by the Office is put on par with an institution designated by the Patent Council.

 Art. 19 Statement upon the deposit of a micro-organism

A written statement of the depositor shall be included with a deposit in accordance with Article 25 of the Act, second paragraph, which shall contain:

  1. an explanation regarding the conditions for, as well as the characteristics of, the micro-organism which are relevant for the culture, storage, maintenance and viability of the micro-organism;
  2. an indication of the method by which the presence of the micro-organism can be determined;
  3. an identifying designation and if possible, the scientific description and the proposed taxonomic designation of the micro-organism.

 Art. 20 Availability of the cultures of a micro-organism

  1. The culture of a micro-organism that has been deposited in accordance with Article 25 of the Act, second paragraph must, from the date of filing of the relevant application to patent, be available for the distribution of samples in accordance with Article 21 until the date on which it is established that no patent will be granted on that application, or until the date on which the patent granted on that application expires.
  2. If the culture of a micro-organism ceases to be available from the institution with which it has been stored because the micro-organism is no longer viable or the institution is unable to supply samples of that culture for other reasons and the culture has not been transferred to another institution within the meaning of Article 18, first paragraph, such that it remains accessible, it shall be deemed to have remained available nevertheless if, within a period of three months after the date on which the institution or the Office has given notice that the culture is no longer available, a new deposit of a culture of the micro-organism in question is performed and a copy of the receipt of the new deposit, issued by the institution in question with designation of the number of the patent application or of the patent, is sent to the Office.
  3. The second paragraph applies mutatis mutandis in the event that the institution with which the culture is stored discontinues its functions as regards deposited cultures of micro-organisms, or no longer satisfies the requirements of the description in Article 18, first paragraph, on the understanding that the period of three months referred to in the second paragraph commences on the date on which that fact is announced in the periodical referred to in Article 27, first paragraph.
  4. Any new deposit referred to in the second paragraph shall be accompanied by a statement, signed by the depositor, that the newly deposited micro-organism is the same as that originally deposited.
  5. In the event that a fact within the meaning of the third paragraph should arise, the Office shall give notice thereof as soon as possible in the publication referred to in Article 27, first paragraph.

 Art. 21 Making samples available

  1. Anyone entitled on the basis of Article 21 of the Act to inspect the documents referred to in that article pertaining to an application to patent or a patent can request, pursuant to Article 25 of the Act, second paragraph, that a sample be provided of the culture of a micro-organism deposited to which an application or a patent relates.
  2.  The request shall be directed to the Office by means of a form adopted by the Office. The request shall be accompanied by a written statement of the requesting party that until the date on which it has been established that no patent will be granted on the application or, if the patent has been granted, then for as long as it is in effect, he undertakes vis-à-vis the applicant for or the proprietor of the patent:
    1. not to make the culture deposited or one derived from it available to third parties;
    2. to use it only for tests unless the requester uses the culture as holder of a license originating pursuant to Article 57 or 60 of the Act, or as one entitled to do so pursuant to Article 59 of the Act.
  3. The applicant for a patent may, until the date on which in accordance with Article 31 of the Act the application is registered, inform the Office on a form adopted by the Office, that until the date on which a patent is granted or until the date on which it has been established that no patent will be granted on the application, that the supply of samples in accordance with the first paragraph, of the culture of micro-organism he deposited can only be made to an expert designated by the requestor. In that case the statement referred to in the second paragraph, second full sentence, shall also be signed by the expert involved.
  4. The following may be appointed as an expert:
    1. any natural person with regard to whom the requester, upon filing the request, shows that the applicant for the patent has agreed to his appointment;
    2. any natural person who is recognized as an expert by the Director of the Office.
  5. For the purposes of paragraph 3, a derived culture is deemed to be any culture of the micro-organism which still possesses those characteristics of the deposited culture which are essential to the application of the invention. The undertakings referred to in the second paragraph constitute no impediment to the deposit of a derived culture necessary for the patent grant procedure.
  6. The office shall transmit the request to the institution. In so doing the Office shall state whether a patent application containing a statement of the deposit of the micro-organism has been filed and whether the requester is entitled to be issued a sample of that micro-organism. Concurrent with the transmittal of the request to the institution, the Office shall transmit a copy of the request to the applicant for or the proprietor of the patent.

 Art. 22 Conflict with the Budapest Treaty

If the deposit referred to in Articles 18, first paragraph, and 20, second paragraph has been made in accordance with Article 18, first paragraph under a., the provisions of the Budapest Treaty shall prevail in the event of conflict of the provisions of this paragraph with that Treaty.

§ 7 European patents

 Art. 23 Provisions pertaining to European patents

  1. Pursuant to Article 52 of the Act, first paragraph, after the grant of a patent, the period within which a translation in the Dutch language of the text in which the European Patent Office proposes that patent to be granted must be filed, is, in accordance with Article 97, fourth paragraph of the European Patent Convention, three months from the date on which the announcement of the grant was published.
  2. The period within which a translation of the text of a new patent specification must be filed, in the event of amendments in the European patent during the opposition proceedings, is three months from the day on which, in accordance with Article 103 of the European Patent Convention, the announcement of the decision regarding the opposition was published.
  3. The amount payable pursuant to Article 52 of the Act, first or second paragraph, respectively, must be paid prior to the expiration of the period of three months referred to in the first or second paragraph, respectively.
  4. Articles 11 and 12 apply mutatis mutandis of the translations of European patent specifications and new European patent specifications and to the amended translations of same referred to in Article 52 of the Act. Each page of these translations shall state the publication number of the European patent application which has led to the grant of the European patent.
  5. The certification of the translation is done in the form of a statement that the translation, to the best of the patent agent's knowledge, is complete and faithful. This statement must be signed by the patent agent involved.

§ 8 Patent Certificate

 Art. 24 Patent Certificate

  1. The Office shall provide the proprietor with a certificate that, in addition to the statement that the patent has been granted, includes:
    1. the family name, the given names and the residence, or in the event it pertains to a legal person, the name and domicile, of the proprietor;
    2. the brief description of the invention;
    3. the date of the patent, and the number under which the record of the grant thereof was made in the patent register;
    4. the serial number and the date of filing of the application, as well as the above-mentioned information of the original application, in the event that it pertains to a patent granted pursuant to a separate application within the meaning of Article 28 of the Act;
    5. statement of the right of priority;
    6. the date on which the period referred to in Article 33, fifth paragraph, or Article 36, fifth paragraph of the Act, terminates.
  2. The patent certificate shall be signed by or on behalf of the Director of the Office.

§ 9 Services of the Office

 Art. 25 Issue of patent specifications

  1. The issue of a patent specification pursuant to Article 33, fourth paragraph and Article 36, second paragraph of the Act is done by statement of the date of the registration of the application to patent in the patent register, of the date of the patent and the number under which the record of the grant thereof was made in the patent register, of the period during which the patent shall remain in effect, as well as the information referred to in Article 3 of this Decree and, as the case may arise, of the result of the search into the state of the art.
  2. A copy of the documents referred to in the first paragraph shall be forwarded to the Office for Industrial Property in the Dutch Antilles as soon as possible.

 Art. 26 Information, extracts and copies

  1. Upon a request to that effect within the meaning of Article 19 of the Act, fourth paragraph, indicating the application to patent or the patent and the documents to which such request pertains, anyone shall:
    1. be provided written information from the patent register, subject to payment of an amount of NLG 7 in the event the information relates to a single application to patent or patent, increased by an amount of NLG 3.50 for each subsequent application to patent or patent regarding which the information is requested;
    2. be provided certified extracts from the patent register, subject to payment of an amount of NLG 20 for each application to patent or patent to which the extract sought pertains;
    3. be provided copies of the documents registered in the patent register, subject to payment of an amount to be determined by the Office for each qualifying copy and in the amount to be published in the Ancillary referred to in Article 27, third paragraph, not in excess of NLG 2 per page.
  2. Upon request, those parties entitled to such shall be provided certificates of priority right based on an application to patent filed in the Netherlands, subject to payment of an amount of NLG 20 per certificate.

§ 10 The publication "Industrial Property"[De Industriele Eigendom]

 Art. 27 Publication "Industrial Property"

  1. The periodical referred to in Article 20 of the Act, first paragraph, shall carry the name "Industrial Property" and shall be published regularly at the times to be determined by the Office.
  2. The Office shall be responsible for the composition of the periodical and shall determine its price, which shall be published in the periodical.
  3. In addition to the notices prescribed by the Act and this Decree, the periodical "Industrial Property" or its "Ancillary" will publish information regarding documents everyone is entitled to inspect and the publication of which, in its judgement, the Office deems necessary for a clear overview of all that occurs in regard to applications to patent and patents, including European patents.
  4. Furthermore the Office shall have that information announced in the periodical "Industrial Property" or the associated "Ancillary" which, with an eye to informing the public as effectively as possible, qualifies in its judgement regarding subjects pertaining to granting patents.
  5. Registrations and cancellations in the register of patent agents within the meaning of Article 3 of the Patent Agents' Rules shall also be published in the periodical "Industrial Property" or the associated "Ancillary".

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