Question 1

How long does it take to obtain a patent?

Eric de Cock van Gimst · Accepted Answer

The standard answer to the question of how long it takes to obtain a patent is "it depends". But at Custos IPC, we like to give a somewhat clearer and more complete answer. The process of obtaining a patent depends on several factors. These may include, for example, the complexity of the invention, the speed of the Examiner handling it but also how quickly you as an applicant respond to official correspondence. The overall process can take roughly between two and five years. The first step is submitting the patent application to, for example, the Octrooicentrum Nederland (OCNL) or the European Patent Office (EPO). This application must be clear and complete, with a description of the invention, including clarifying drawings. After the application is submitted, it is formally assessed to see if it meets the basic requirements. After filing, the application is assessed for novelty, inventive step and industrial applicability. The Patent Office conducts a thorough novelty search to determine whether the invention is actually new and whether it has not previously been described in other patents or (scientific) literature. This examination can take several months to more than a year, depending on how busy the Examiner concerned is and also the complexity of the invention. Regardless of the progress of the examination, the patent application is published 18 months after filing. From that moment on, the content of the application is visible to the public, even if a final decision on granting the patent has not yet been made. After the examination, the Examiner can raise comments or objections. Sometimes changes need to be made to the application, for example to the claims. It is also sometimes necessary to clarify the invention or meet certain requirements. This is a crucial phase, during which there is regular correspondence with the examiner. If all requirements are finally met, the Examiner will grant the patent. You see, the question of how long it takes to obtain a patent is not a standard one. Hopefully, the above explanation is enlightening. Should there be any questions, contact please feel free to contact us.

Question 2

Can I protect my invention in multiple countries?

Bas Hekman · Accepted Answer

Yes, you can protect your invention in multiple countries, but this requires a specific approach. This is because patent protection is territorial, which means that a patent only provides protection in the country in which it is applied for and granted. If you want to protect your invention in multiple countries, there are a number of different ways to do this. It is useful to get advice on this as each situation requires its own approach. For example, you can choose to file a patent application in each country separately. This means following the patent procedures in each country where you want protection. However, this can be time-consuming and expensive, as you have to deal with different patent granting authorities and may also need to have translations of your application made. You will also have to meet the specific requirements of each country. There is a particular advantage if this involves a limited number of countries. For protection within Europe, you can file a European patent application. This application can offer protection in the 38 European countries that are members of the European Patent Convention (EPC). After the patent is granted by the EPO, you need to have it validated in the countries where you want protection, which sometimes requires translations and some formalities. Since 2023, there has also been a truly European patent that is currently valid in 18 European countries. Another option is to file an international patent application (PCT). This system allows you to apply for protection in more than 150 countries with a single application. A PCT application goes through an international phase, followed by national/regional phases in which you decide in which countries you actually want to pursue the application. This gives you more time and flexibility to decide where you want protection, and can help protect your invention more broadly. The choice depends on your goals, budget, and where you want protection. Still have a question about this, contact please feel free to contact us. We are here to help you. We like to do that and do it well!

Question 3

Who is monitoring whether someone is infringing my patent?

Bas Hekman · Accepted Answer

When your patent has been granted, it is often a great milestone to be celebrated. After all, your patent gives you exclusive rights to your invention. No one else may use, produce, sell or import the invention without your permission. But, how do you enforce your rights? After all, it is the patent holder's own responsibility to keep an eye on whether the patent is being infringed. Unfortunately, there is no official body to monitor the use of your patent by others. This means you have to actively monitor the market and your competitors yourself to see if anyone is using your patented technology. This can be tricky, especially if you operate in a dynamic and fast-changing industry. Therefore, you should regularly research new products and processes in the market. You should also keep a close eye on the companies operating in your sector. Fortunately, as a patent holder, you can seek help to detect patent infringement. Patent offices can support you in monitoring the market. They know how to deal with sophisticated search systems to identify potential infringers. If you suspect someone is infringing your patent, it is important to take steps. The first step is often to send a letter, asking the potential infringer to start a conversation about the suspected infringement. If the suspicions are strong, you can also request that the infringement cease and, if possible, claim damages. If the infringement then continues, you can take legal action, such as filing a lawsuit. Fortunately, it usually does not get that far. So it is important that you actively monitor your rights and, if necessary, seek external support. This way, you can make the most of the protection offered by a patent. Do you still have a question about this, contact please feel free to contact us. We are here to help you.

Question 4

From when is a patent valid?

Bas Hekman · Accepted Answer

This is a common question put to us. Fortunately, there is a simple answer: a patent is valid from the moment it is granted by the patent granting authority. For example, the European Patent Office (EPO) or Octrooicentrum Nederland (OCNL). This date can always be found on the patent publication. When a patent application is filed, it must first be assessed. This process starts with the filing of the patent application, and then an Examiner from the patent granting authority does an examination of the novelty, inventiveness and industrial applicability of the invention. During this phase, the patent application is not yet valid as a patent, as it is only an application. So there is no enforceable protection (yet). But, once the application is a patentable invention according to the Examiner, this changes. After all, the invention is patentable and will be granted. The grant date is when the patent becomes effective and the invention is officially protected against infringement by competitors. From this moment, the patent holder can prohibit others from exploiting the invention without his consent. It is important to note here that although protection starts from the date of grant, rights can apply retroactively from the filing date of the application. This means that once the patent is granted, the holder can invoke the invention against the (alleged) infringer from the filing date. The maximum term of protection of a patent is usually 20 years from the filing date of the application. To maintain the validity of the patent during this time, the patent holder does have to pay annual maintenance fees. If these payments are not made, the patent expires early. The patent holder then loses his exclusive rights. Simply put, a patent is valid from the date of grant and provides protection for up to 20 years, provided the annual fees are paid. If you still have a question about this, please feel free to contact with us.

Question 5

Is it difficult to get a patent?

Bas Hekman · Accepted Answer

That's a fun question! Obtaining a patent can certainly be tricky, as the process involves several steps and strict requirements. But at Custos IPC, we like to unburden. Leave the difficulty to us, we are here to help you and not to be difficult. Here, we list a few important things to consider when getting a patent. First, the formal requirements to get a patent. Your invention must be new, i.e. not known before. Furthermore, it must be inventive. This means that it must not be obvious to a person skilled in the art. And that's a criterion that can be quite contentious! Furthermore, it must be industrially applicable. But it usually is, otherwise it is not worth protecting. Demonstrating that you meet these criteria is what we as patent agents specialise in. A preliminary research is also important in this regard so that you are well prepared. The patent application also requires a good description of your invention, including drawings, claims and a summary. This document must be technically and legally sound. And this is always tailor-made, just like a tailor makes tailor-made clothes for his customers. After submitting the application, the patent office conducts its own novelty search and assesses your application. If existing publications are found to be similar to your invention, you will meet with the Examiner to discuss the objections, understand them and then make changes to your application if necessary. Applying for a patent can be costly, with fees for filing, research, and legal support. Moreover, these costs add up if you want patent protection in multiple countries. So this is also something to think carefully about. Furthermore, it can take several years before a patent is granted, depending on the country and the complexity of the application. During this time, you should continue to actively respond to the patent office's enquiries. So, with the right support from the very beginning, anything is possible and nothing is difficult. And we are here to help you do just that. We do it well and gladly!

Question 6

Applying for a patent, how do I do it?

Bas Hekman · Accepted Answer

Applying for a patent in the Netherlands is a formal process that provides protection for your invention. During this process, the support of a patent attorney is not an obligation, but it certainly ensures that everything runs smoothly and no issues are overlooked. The application process goes through several steps that we briefly explain here. Before submitting an application, it is wise to check whether your invention already exists. You do this by consulting available patent databases, such as Espacenet. This is available to everyone free of charge. This prevents you from investing time and money in something that is already protected. This search process is specialist work and help from a patent information specialist is actually indispensable. But often it can already help to search yourself and discuss this information with a patent attorney. If it turns out that there is a good chance that the invention is patentable, drafting a clear and detailed description of your invention can begin. This application should explain how your invention works and what makes it new and inventive. Drawings can help clarify your description and make it understandable. The next step is to submit your application to, for example, the Netherlands Patent Office. After you have submitted your application, the Patent Office checks whether it is formally in order. This means that no substantive assessment takes place. It only checks whether all the necessary documents have been submitted. An examination is then carried out to see whether your invention is actually new and meets the conditions for granting a patent. After 18 months, your patent application is published. This makes your application visible to the public, even if the patent has not yet been granted. If you want international protection, you can submit an application to the European Patent Office (EPO) or through the Patent Cooperation Treaty (PCT). These proceedings do test content. A patent attorney can provide valuable advice and support here. Still have a question about this, contact please feel free to contact us. We are here to help you. We like to do that and do it well!

Question 7

Which inventions are not eligible for a patent?

Bas Hekman · Accepted Answer

Patents can protect a wide range of inventions. But, there are also some subjects that are excluded from patent protection. These exclusions vary from country to country, but fortunately most patent systems follow similar guidelines. In this article, we list the main exclusions for obtaining a patent. Mathematical methods and scientific theories. Theoretical concepts such as mathematical formulas and scientific theories cannot be patented. This is because these methods have no direct practical application and can only be considered discoveries. Software as such. In Europe, software by itself cannot be patented. This is especially true for software that makes no technical contribution, beyond pure computer processes. However, if the software contributes to the technical effect, for example in controlling a machine, patent protection may be possible. Aesthetic designs. Creative works such as art, fashion designs and graphic design are not eligible for a patent. However, these can get protection under copyright or design law. Medical treatment methods. In many countries, methods of treatment by surgery or therapy cannot be patented. This is meant to keep access to medical treatments free from commercial restrictions. However, medical devices or drugs can be protected. Discoveries of natural laws. Natural phenomena, such as gravity, electricity or genetic codes, cannot be patented. While it is possible to patent inventions using these natural principles, the laws of nature themselves are excluded from protection. Inventions contrary to public order or morality. Inventions that are harmful to society or deemed immoral, such as certain weapons or unethical biotechnological innovations, cannot be patented either. So there are some important exceptions to patentability and it is good to keep these in mind if you are working on a great invention and want to protect it. Do you still have a question about this, contact please feel free to contact us. We are here to help you. We like to do that and do it well!

Question 8

Is there a European patent?

Eric de Cock van Gimst · Accepted Answer

As so often, there is no simple answer to this simple and justified question. "Yes", there is a European patent, but it is not the same as a single patent that is automatically valid in all European countries. So also "no", there is no European patent, although.... The European patent system is administered by the European Patent Office (EPO). This system allows inventors to obtain protection in multiple European countries through a single application process. However, the resulting "European patent" is a bundle of national patents. That is, it involves individual country rights. A European patent application can be filed at the EPO and can be validated in the 38 member states party to the European Patent Convention. The applicant can specify in which countries he wants protection. Once granted, the patent must be validated separately in each of the chosen countries, including through a translation of the claims (claims) into the local language. Taxes must also be paid thereafter for each individual country. The big advantage of the European patent system is that you can get protection in multiple countries with one application and centralised grant procedure. This makes the process simpler and cheaper than filing applications separately in the desired countries. The disadvantage, however, is that, in case of a dispute or infringement proceedings, you have to take legal action separately in each country where the patent applies. That is also why the Unitary or Unitary Patent, which follows the same well-known procedure at the EPO but provides direct protection in all participating countries, without the need for national patents. This system entered into force on 1 June 2023. Currently, 18 countries are members of the Unitary Patent System, including the Netherlands. In short, the European patent system offers a nice and efficient way to obtain patent protection in multiple countries, but it is useful to be well informed about all the pros and cons of the possibilities on this. We would be happy to tell you more about it. See our contact page for all relevant contact details.

Question 9

What is a patent?

Eric de Cock van Gimst · Accepted Answer

A patent, popularly known as a patent, is an exclusive right granted to an inventor or a company for an invention. This exclusive right gives the patent holder the sole right to commercially exploit the invention for a certain period of time. This means that the patent holder can prohibit others from making, using, selling or importing the invention without permission. In most countries, a patent is valid for up to 20 years, if at least the annual fees are paid.

Requirements to comply with a patent

To be eligible for a patent, an invention must meet three main requirements:

It must be new. This means that the invention has not previously been disclosed anywhere in the world. This may be in the form of publications, presentations or sales.
It must be inventive. This means that the invention must not be obvious to a person skilled in the relevant technical field.
It must be industrially applicable. The invention must be practicable and not just purely theoretical or abstract.

A patent offers several advantages. It gives the holder a monopoly position in the market, preventing competitors from using the invention without his consent. Furthermore, a patent (or rather a patent portfolio) can increase the value of a company, especially if it protects strategically important technology. Applying for a patent is a combination of a legal and a technical process. The invention has to be carefully described in a patent application, and this is customised work. A patent attorney is usually engaged to guide this process to ensure that all requirements are met so that the patent provides maximum return for the patent holder. In a world where innovation is increasingly important, patents are a great tool to protect your intellectual property and allow companies to protect and leverage their investments in research and development. Do you still have a question about this, contact please feel free to contact us. We are here to help you. We like to do that and do it well!

Question 10

Will my patent remain a secret?

Eric de Cock van Gimst · Accepted Answer

To sum up: No. But, when you file a patent application, it does remain secret for a certain period of time. In most countries, including the Netherlands and the member states of the European Patent Convention, this is 18 months. This means that during this period, your invention is not known to anyone else. The application will not be published and your competitors or other parties will not have access to your invention. This secret period is important for the applicant because it gives the opportunity to make informed strategic decisions. Both technically and commercially. It also provides the opportunity to make further improvements to your invention without your technology being immediately disclosed. At the end of the 18 months, the patent application is automatically published by the patent granting authority, such as the Netherlands Patent Office (OCNL) or the European Patent Office (EPO). This publication will always take place, regardless of whether the patent has already been granted or is still pending. From then on, the application is public and anyone can see its contents. This means that the technical details of your invention become accessible to competitors, potential licensees or other interested parties. But there are no rights attached to it yet, this is only after the grant. It is important to note that after grant, protection can work back to the filing date of your application. This means that when your patent is eventually granted, you have rights from the time the application was filed, not just from the date of grant. So it is good to know that your patent application will remain secret for a period of 18 months. After this period, the application is published and thus the contents become public, but the protection can work back to the date of filing, if the patent is granted. If you still have a question about this, please take contact with us. Our experts are happy to help.

Question 11

What is a unitary patent?

Bas Hekman · Accepted Answer

The unitary patent is a relatively new phenomenon in our field. It has been talked about a lot, even as early as 1973, when the European Patent Convention (EPC) came into force. But due to different political views among member states, it only came into force on 1 June 2023. The unitary patent is also called the European patent with unitary effect, but that is a very long title. Therefore, it is usually referred to as a unitary patent (abbreviation UP). It is intended to make patent protection in multiple EU countries easier AND cheaper. In the 'old' system, once granted, patent holders had to apply and maintain patents separately for each country they wanted protection in. A unitary patent is based on an already granted European patent. After grant, the patent holder can now also choose to give it unitary effect. This means that the patent is no longer only valid in the chosen individual countries, but offers one uniform protection in all participating EU member states. Currently, 18 EU countries are participating, including Germany, France, Italy and the Netherlands. There are a number of advantages of a unitary patent. For instance, patent holders no longer have to arrange national validations (making it valid by, among other things, translations of the claims) in several countries, as well as pay no national fees. This makes UP a lot cheaper. It is also easier to launch infringement proceedings, as there is only one court, the Unified Patent Court (UPC). It has sole jurisdiction to decide disputes relating to unitary patents. This is in contrast to possible multi-country proceedings. There are also some drawbacks. The system is relatively new. So companies will have to get used to the changes. Where necessary, you will have to adjust your patent strategy and redefine your position. Furthermore, a unitary patent offers no protection in non-participating countries, meaning that separate applications will still be needed in those countries. Still have a question about this, contact please feel free to contact us. We are here to help you. We like to do that and do it well!

Question 12

What do you have to do to make a patent remain valid?

Eric de Cock van Gimst · Accepted Answer

Simply put, keeping a patent valid is done by continuing to pay the taxes. Each patent granting body employs people to manage and maintain the rights of applicants. It is also necessary to maintain their systems and update information. In return for this, of course, there is a fee, which we call taxes. These taxes are amounts that the patent holder has to pay after grant to keep the patent registered. It is usually customary to pay these taxes every year, hence the name annual or maintenance taxes. These are then paid once a year and then the register also records until when the patent is valid. Normally, a patent is valid for 20 years from the filing date. But with the condition that these annual fees are paid. If this is not the case, the patent is deleted from the register and no more rights apply. The patent is then no longer valid. Now it may be that, despite all caution, the patent has accidentally not been paid. Then there are still options within certain limits. But it is important to keep a close eye on these payments so as not to lose any rights. Usually, tax payments start from the third or fourth year after the filing date of your patent application, but this can vary from country to country. The cost for this usually increases over the life of the patent. This is to ensure that only valuable patents are maintained. You pay the maintenance fee to the national or regional patent office where the patent was granted, e.g. the European Patent Office (EPO / EPA) for European patents or the Netherlands Patent Office for Dutch patents. At Custos IPC, we are used to keeping a close eye on patent rights and not missing any payments. Patent granting authorities usually do not send reminders for these payments, so it is important to keep a good system up to date yourself. That is why we have at our disposal Formalities Officers. These are trained to keep an eye on payment deadlines so you don't lose dues. Want to know more about our services, check our services page or take contact with us!

Question 13

The importance of patent monitoring of your competitors

Eric de Cock van Gimst · Accepted Answer

Patent monitoring - introduction

There are many misunderstandings about patents and the rights they confer. One of these misunderstandings is that you are protected from infringement when you have a patent. Infringement occurs when you use a similar (or the same) process or offer for sale a product that is already protected by a patent. Unfortunately, this is not always the case. Even if you have a patent yourself, infringement may occur. So this is already an important reason to keep an eye on your competitors. And not just patent monitoring of their portfolio, but also their sales activities, marketing, the products or services they sell, and their presence at symposia, conferences and trade fairs. After all, knowing your competitors is also knowing yourself. Patent monitoring of the patent portfolio of our clients' competitors is something we do every day. We know the tricks to track the activities of your competitors. Unfortunately, the 18-month secrecy period does delay patent information a bit. However, the good news is that this also applies to your own portfolio. So your competitors cannot see your latest activities either. This 18-month secrecy period applies to everyone, so this is a plain fact. So everything from before that time is simply public. At Custos IPC we can help you track this information and set alerts, whatever database you use. This way, you can see exactly what your competitors are doing and track every step of their developments. That is, if they make it public. We are not private detectives, so secrets stay secret! Also for us. Because the beauty of secrets is, well, that they are secrets. If your competitors don't want to publish in exchange for a patent, you'll never find out this way. Then you have to consult other sources. But as we said, that's not our speciality. But, if it is in the databases, we can find it. Unfortunately, that is not always as easy as it seems. We have often seen competitors choose to submit under a different name so that they are not found. For some companies, this is just a game. So you have to know the rules, play by the rules and find the gaps to outsmart the competition. In our modern competitive society, patent monitoring of competitors' intellectual property (IP) can be the deciding factor. Research has shown that companies that make an effort to protect their IP are more successful than those that do not. Whether this is because of their smarter overall strategy, or simply because their attention to IP is of a good standard, is not always clear. But chances are good that these companies consider the whole picture, have a clear overall strategy and goal ánd adjust their IP strategy accordingly. So that it fits perfectly, like a glove. As it should! Clearly, the IP strategy should be part of the overall business strategy, just like the marketing and sales strategy. It has to fit with what the company is doing. It is never one piece of the puzzle that determines success, it is always the whole package. And IE is clearly part of this puzzle. So it might be better to play the game and be prepared. By proactively scanning your competitors, you can gain that competitive advantage. An essential step in effectively managing a patent portfolio is conducting regular reviews. Most companies have a weekly, fortnightly or monthly review, depending on the size of the portfolio and the technical area. This regular patent monitoring should serve several purposes. First, they are there to see what the competitive advantage is, but also to allow you to identify patents (or patent applications) that may be blocking your own developments. Furthermore, comparing your own portfolio with that of the competitor can strengthen your own strategy. In this way, you can also evaluate your own business strategy. These evaluations also serve to prevent infringement by knowing what is already protected. When you are aware of these developments, you can adjust your own IP strategy accordingly. This way, you can discover where potential problems will arise. By regularly evaluating their and your portfolio, you can optimise how you spend your money, spot potential valuable developments and ensure that the patents also contribute to overall business success. We will now take a closer look at monitoring competitors' patents.

Benefits of patent monitoring

Some of these benefits are listed below:

Searching for possible infringement

When you sell a product or use a process in the factory that is covered in whole or in part by a patent (or patent application), you risk infringing existing rights. If you know whether your solution infringes someone else's, you can think about a possible licence before you become embroiled in an infringement case. This is always a stressful activity. It also allows you to organise possible alternatives. Because usually there are possibilities. And if you don't find any rights, you know that the risk of a costly battle in court is at least reduced. The risk of not monitoring competitors is that the owner of a patent can not only force you to stop selling your products, but can also claim damages for a possible loss of sales. This risk is particularly high for smaller companies that rely on a few innovative products and ideas to generate revenue. To avoid such a situation, it is wise to constantly monitor and analyse competitors' patents to make sure your organisation is aware of the potential risks. Litigation is a very stressful activity and if it is avoidable, life is a lot more pleasant! With proper preparation, the chances of success are greater.

Searching for new opportunities

When you know your competitors' weaknesses as well as their developments, it becomes easier to determine your own successful research direction, discover new opportunities and perhaps even find new technological areas. Instead of focusing on the usual paths, choosing a new technology area, if possible, is likely to benefit the company, add value and reinvigorate its portfolio, products and services. Monitoring this can also help you learn more about competitors' weaknesses, which you can then leverage to secure a position in the tech area. And it can also help define a new area of investment.

"White space" analysis

However densely packed a technical field may seem, there is always the possibility of discovering areas that are not yet covered, with some exceptions, of course. These white spaces (white areas) are those parts where there is still an opportunity to find new technological solutions. Discovering these areas through patent monitoring gives your company a competitive advantage. In general, it is always in the company's interest to encourage the development of new products. Standing still in this world is the same as going backwards. Once white areas are identified, these specific areas of interest can, in some cases, be protected by intellectual property rights. By making critical strategic decisions combined with a good understanding of the competitive landscape, you can eliminate risks that are beneficial to the company.

Opportunities to take action

By patent monitoring your competitors' portfolio, you can find potential actions against a patent or patent application. If, according to your information, a patent will be granted, but also think there is documentation and/or knowledge available that shows something completely different. Then the competitor's patent application may not meet the criteria for patentability. It is then possible to file 'third party observations' in this situation to challenge the pending patent application. Or perhaps it is better to wait until after the grant to then file an opposition. Because at least then you will be a party to the proceedings. All these decisions involve many parameters, so it is useful to consult your patent attorney for advice. This is also important so as to gain a thorough understanding of the procedures in order to readjust the strategy if necessary.

Searching for new potential competitors

The arrival of a new competitor in a field always causes some disruption to already existing businesses. When this happens, it is important to keep abreast of the activities of these competitors to keep your own business healthy. By doing so, the company is better prepared to deal strategically with potential threats. And it provides an opportunity to discover new potential partnerships that can be mutually beneficial.

Analysis of markets and jurisdictions

As will be clear, technological developments are not limited to one country, jurisdiction or physical geography (market) in this world. Therefore, monitoring should focus on all jurisdictions or geographical areas where you do business, without forgetting the rest of the plans.

Current investments and future trends

Clearly, patent protection is an expensive process, both in terms of money and time. Therefore, companies should take it seriously and make the right investments. Obtaining patent rights can provide a competitive advantage that makes the investment worthwhile. Since patent applications are usually long-term investments, it can take several years for products to reach the market. Your competitors' developments may be determined by patent applications and as such reveal their innovations. By analysing the results, you can align your business strategy with market demand and hopefully stay ahead of the competition. It's almost like having a crystal ball. Keeping an eye on what a competitor is trying to protect gives you a good insight into their business strategy. It helps to better understand their direction and provides an opportunity to outsmart them.

Conclusion

To really benefit from patent monitoring, the available information should be updated regularly. It is best to do this regularly to keep up with the competition. So don't wait until your competitors are too far ahead and start monitoring their patent activities. This will help you stay ahead in innovation and not just a follower. Need help with patent monitoring? The experts from Custos IPC are happy to help! Check our contact page for the relevant contact details.

Question 14

What is in-house IP management?

Bas Hekman · Accepted Answer

In general, IP management is a strategic process that looks at the business value of your intellectual property and the protection it (still) offers you. In doing so, you take into account not only patents, but also trademarks, designs, copyrights and trade secrets. The process starts with recognising valuable innovations and creations within your company. This does not always turn out to be easy. That is why our in-house IP management cooperation is characterised by the direct physical presence of one of our IP experts on site. In this way, the expert is present as a sounding board for the ongoing innovation processes. By regularly and structurally discussing ongoing innovations within your business strategy, you self-confidently steer your own IP strategy and associated investments. And that is always tailor-made. What is often forgotten, for instance, is the possibility of granting licences to other parties, entering into joint ventures or developing products and services yourself on the basis of their IP. So a good strategy always includes developments by your competitors. Through strategic partnerships and licence agreements, you can increase your market share as an organisation without building up extra production capacity yourself. Enforcement and monitoring are also essential parts of IP management. You should be aware that you need to actively protect your rights by keeping a close eye on the competition and conducting regular market research. By monitoring your competition, you can also recognise trends and spot any threats in time. Maintaining your IP rights is also important because they often have a limited duration. Regularly evaluating your IP portfolio is like the MOT of your car. The key question here is "What still has value for my business, and what does not?". This helps to use your financial resources efficiently and maximise the value of your portfolio. In other words, sound IP management is essential for companies that depend on their creativity and associated innovations. Want to know more? On our services page is to read more about these and other propositions. Any questions? Contact please feel free to contact us. We are here to help you. We like to do that and do it well!

Question 15

What is the validity period of a patent?

Bas Hekman · Accepted Answer

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 can 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 in order to preserve 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 further! Our contact details are here find.

Question 16

Is there a global patent?

Bas Hekman · Accepted Answer

A question regularly asked is whether there is a worldwide patent. No, there is no patent that is automatically valid around the world. A patent is granted country by country and is valid only in the country in which it is granted. However, there are some international/regional systems that can facilitate the process of patent protection in multiple countries. An international PCT (Patent Cooperation Treaty) patent application is an example of this, where you can initially apply for a patent for all participating countries, which there are currently 157. However, at the end of the PCT procedure, you still have to make a choice in which countries you eventually want to get a granted patent. So an international PCT patent application does not offer a worldwide patent, but it simplifies the application process and gives you more time to decide in which specific countries you ultimately want to obtain a patent. We are happy to assist you with all your intellectual property questions. Custos IPC is active in the Netherlands and has global partners we work with. You can read about what we do for various clients on our services page. Through our contact page find out all the relevant details to contact us.

Question 17

What is the difference between a patent or patent?

Bas Hekman · Accepted Answer

A simple question, yet one that is asked with some regularity. The answer to this question is a short and simple one, namely: nothing. There is no difference between a patent and a patent. In the Netherlands, the word patent is the official term for the exclusive right to an invention. Dutch legislation therefore refers to patents and not patents. In the English language, this right is called a patent. Over time, this term has been "Dutchified" and crept into the Dutch language. The terms patent and patent are now often used interchangeably, but really just mean the same thing. So there is no difference. Do you have any other questions about patents and are not answered in the FAQ, please send us a message to info@custos-ipc.nl or call us on one of our phone numbers listed on the contact page stand.

Question 18

What is the Innovation Box?

Bas Hekman · Accepted Answer

The innovation box is a tax incentive scheme for all companies paying corporate taxes. The scheme is designed to encourage companies to invest in research and development (R&D). By applying a lower tax rate to profits arising from innovative activities, it makes it more financially attractive for companies to innovate. Profits eligible for the innovation box are taxed at an effective rate of 9%, instead of the regular, higher, corporate tax rate. This can generate significant tax savings for companies investing in R&D.

Conditions Innovation box

By using the innovation box, you as a company can significantly reduce the effective tax burden, making more capital available for further investment in R&D and innovation. To be eligible for the innovation box, your company must meet specific conditions. First of all, there must be a direct, demonstrable, link between the costs incurred for the development of the innovative product and the profits derived from it. This is the so-called Nexus approach. The Inland Revenue distinguishes between smaller and larger taxpayers. The limit is at 50 million turnover and 7.5 million annual profits. For smaller taxpayers, a WBSO declaration (Wet Bevordering Speur- en Ontwikkelingswerk) is required as an entry ticket to use the innovation box Larger taxpayers must have a second ticket in addition to the WBSO declaration. This can be software software developed in-house, or a patent.

Collaborate

To achieve optimal results, cooperation is highly desirable. Custos IPC works closely with several strategic partners, see below our services page. Thus, knowledge in the field of subsidies and taxation is combined with knowledge in the field of intellectual property. If you want to know more about the ins and outs of the possibilities of the innovation box for your company, just let us know. We will be happy to find out for you! Check our contact page for the appropriate contact details.

Question 19

Why should I apply for a patent?

Bas Hekman · Accepted Answer

There are several reasons for applying for a patent. A patent gives you exclusive rights to your invention, preventing others from simply using, selling or manufacturing your innovation without your permission. This allows you to recoup all the time, effort and investment you have put into developing the product. At first, patents often seem expensive, but if you compare the cost with the total cost often involved in developing a new product, it is often only a very small part of it. In addition, patents can be an important part of a company's value. Having a strong patent portfolio can make your company more attractive to investors and potential partners. It shows that your company has valuable intellectual property rights, which can highlight its growth potential and stability. Also, the patent portfolio contributes to the company's image. A patent can also generate income directly. By issuing a licence, you can grant another person permission to make or sell the patented product, on payment of licence fees. This can be very lucrative if the patented is widely applicable in different sectors. Selling a patent is also an option. This can be a source of income or used strategically to enter into collaborations. Having a patent can make it easier to obtain funding for research and development, as it can be interesting for investors and grant makers to invest in intellectual property that qualifies for patent protection. Finally, when large taxpayers want to use the innovation box, a patent can act as a second ticket. More information on this can be found here. You read it, plenty of reasons to apply for a patent. If you have an invention, or want intellectual property advice, contact us. A simple e-mail to info@custos-ipc.nl suffice. Should you prefer telephone contact, please check our contact page.

Question 20

When is patent infringement?

Bas Hekman · Accepted Answer

To know whether a patent has been infringed, Article 69 of the European Patent Convention (EOV) consulted. Protocol (para 3.7.2) of Article 69 reads: 'The scope of protection of the European patent is determined by the claims. Nevertheless, the description and drawings serve to explain the conclusions'. Several types can be distinguished, namely:

Literal infringement: this occurs when someone applies the invention, i.e. all the features, from the independent claim(s) of a patent.
There is equivalent infringement when means that do not read literally under the text but can be considered equivalent achieve the same result. In these situations, explanations may vary from country to country.
There is indirect infringement in supplying an essential element of the invention if it is known or obvious in the circumstances that those means are suitable and intended for that application.

Need advice? Drop us a line at info@custos-ipc.nl or consult our contact page for the relevant phone numbers.

Question 21

What are the requirements for granting a patent?

Bas Hekman · Accepted Answer

The requirements for granting a patent are:

Novel - nowhere in the world is the invention publicly known before the filing date of the patent application
Inventive - the invention is not obvious based on the prior art
Industrially applicable - the invention can actually be made
Reproducible - the invention can be reproduced

As an inventor, you often think that your idea is unique, and therefore new and inventive. Should you want to be sure that this is true, it is possible to have a study done. On our services page you can read more about this. If you want to know whether your invention meets all the requirements to be granted a patent, please contact us. We will be happy to help you further. Our contact details can be found via this link.

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