Collective Memory

Welcome to the Collective Memory, the knowledge base of Custos IPC - the cooperative patent office. In this Collective Memory you can read all kinds of articles related to Intellectual Property in general and patents in particular. Ranging from short facts to in-depth long reads. Written by our IP Experts.

Hopefully you will get answers to the questions you have and these articles will contribute to your awareness about IP. If this is not (entirely) the case, please contact contact with us. We will be happy to help you!

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I have a patent, now what?

Patents are valid everywhere in the world and if you have a patent, you get rich.... This is a misconception that is widespread. If only that were true!

How long does it take to obtain a patent?

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.

Can I protect my invention in multiple countries?

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 offers protection only in the country in which it was applied for and granted.

Who is monitoring whether someone is infringing my patent?

When your patent is granted, it is often a great milestone that should be celebrated. After all, your patent gives you exclusive rights to your invention. No one else may use, manufacture, sell or import the invention without your permission. But, how do you enforce your rights?

From when is a patent valid?

This is a frequently asked question to us. Fortunately, there is a simple answer: a patent is valid from the moment it is granted by the patent granting authority.

Is it difficult to get a patent?

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.

Applying for a patent, how do I do it?

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.

Which inventions are not eligible for a patent?

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.

Is there a European patent?

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....

What is a patent?

A patent is an exclusive right granted to an inventor or company for an invention. This exclusive right gives the holder of the patent the sole right to commercially exploit the invention for a specified period of time.

Will my patent remain a secret?

In short: 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.

What is a unitary patent?

The unitary patent is a relatively new phenomenon in our field. It has been discussed 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 importance of patent monitoring of your competitors

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.

What is in-house IP management?

In general, IP management is a strategic process that looks at the business value of your intellectual property and the protection it (still) affords you. In doing so, you consider not only patents, but also trademarks, designs, copyrights and trade secrets.

What is the validity period of a patent?

The term of validity of a patent depends on the type of patent as well as the country in which it was granted, but in most cases a patent is valid for a period of 20 years from the filing date of the application.

Is there a global patent?

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.

What is the Innovation Box?

The innovation box is a tax incentive scheme for all companies that pay corporate taxes. The scheme is designed to encourage companies to invest in research and development (R&D).

Why should I apply for a patent?

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.

When is patent infringement?

To know whether a patent is infringed, Article 69 of the European Patent Convention (EPC) is consulted. Protocol (Section 3.7.2) of Article 69 reads, “The scope of protection of the European patent shall be determined by the claims.

Want to know more? Be sure to let us know!