The term of validity of a patent depends on the type of patent as well as the country in which it is granted, but in most cases a patent is valid for a period of 20 years from the filing date of the application. This means that during this period, the patent holder has the exclusive right to commercially exploit the invention and can prohibit others from using, making, selling or importing the invention without his permission.

In the Netherlands, this 20-year term also applies. However, for patents on pharmaceuticals or plant protection products, the validity period can be extended by up to five years under certain circumstances by means of the supplementary protection certificate (ABC). This extends the period during which a drug or other regulated product is protected to compensate for the time lost during renewal proceedings. These processes often take a very long time, so the operating time would be relatively short at normal duration.

It is important to note that a patent does not automatically remain valid throughout its 20-year term. In fact, patent holders have to pay annual maintenance fees to keep the patent intact. In the Netherlands, this annual payment starts on the third anniversary of the patent application. If these fees are not paid on time, the patent may expire and the patent holder loses all rights to the invention.

In addition, a patent can lapse, or be declared invalid, if it is shown that the patent does not meet the legal requirements. For example, if it is shown that the invention was not new and/or inventive. In such cases, a court or the patent granting authority (e.g. the European Patent Office in opposition proceedings) may decide to declare the patent invalid in whole or in part.

It is also important to note that patentees themselves must actively monitor the validity of their patents to maintain their rights throughout their term.

Can we help you with your questions regarding patents, please let us know. We will be happy to help you! Our contact details are here find.