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 The application will not be published and your competitors or other parties will not have access to your invention.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 undisclosed period is important for the applicant as 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 becoming immediately known.

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 remains secret for a period of 18 months. After this period, the application is published and thus the content becomes public, but the protection can work back to the filing date, if the patent has been granted.

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