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, the rights can apply retroactively from the filing date of the application. This means that once the patent is granted, the holder can claim 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.