The short answer: No, patent and patent mean exactly the same thing. Both terms refer to the exclusive right to a technical invention for up to 20 years. The only difference is in the origin of the words and where they are used.
Linguistic: No Difference
- Patent = Dutch/official term (used in Dutch legislation)
- Patent = International/English term (used worldwide)
- Meaning = Identical: exclusive right to technical invention
Why Two Different Terms?
Historical Background
Patent comes from the French verb ‘octroyer’ meaning ‘to permit’, ’to authorise’ and ‘to grant’. This perfectly matches the Dutch name for the exclusive right to an invention.
Patent is derived from Latin and means ‘open letter’. Patent rights used to be recorded in royal documents that were available for all to see - the so-called ‘letters patent’.
Modern Practice
In the Netherlands, we use both terms interchangeably:
- Legal/official: “Patent” (National Patent Act, official documents)
- International/business: “patent” (especially in English-language communications)
- Daily use: Both allowed and understood
Well Difference: Between Countries
Although the terms mean the same thing, there are do differ between patents in different countries:
Netherlands vs Other Countries
| Aspect | Netherlands | United States | Germany |
| System | Registration patent | Examination patent | Geprüft patent |
| Research | Optional | Mandatory | Mandatory |
| Duration | Max 20 years | Max 20 years | Max 20 years |
| Extension | Automatic | After approval | After approval |
Key Differences by Country
Netherlands - Registration System:
- Any patent will be granted (no substantive review beforehand)
- Approachable and cheap
- Risk: patent may later be invalidated
- Best first step for international protection
United States - Examination System:
- Extensive prior research
- Only strong patents will be granted
- High cost but more security
- “First-to-file” system since 2013
Europe - Hybrid System:
- Combining research and flexibility
- European patent valid in selected countries
- From 2023: Unitary patent for 18 EU countries
- Cost-efficient for multiple countries
Practical implications for Entrepreneurs
When To Use Which Term?
Use “Patent” when:
- You're talking about Dutch law
- Contact with Dutch authorities (RVO, Octrooicentrum)
- Formal documents in the Netherlands
- Dutch tax benefits (Innovation Box)
Use “Patent” when:
- International communication
- Contact with foreign partners
- European or worldwide applications
- Technical documentation
Business Impact
For Dutch entrepreneurs, this means:
- Start Dutch - Capturing your idea (from €7,000)
- Within 12 months - Decision on international expansion
- Strategic choice - European, global or selective countries
- Cost planning - From €7K (NL) to €50K+ (worldwide)
Frequently Asked Questions
Should I say patent or patent in conversation with Custos IPC?
Both terms are fine! We understand exactly what you mean. In our daily practice, we use both terms interchangeably, depending on the context.
What term does Google/search engines use?
Both! In the Netherlands, people search on both “patent” and “patent”. Google understands that they are synonyms and shows relevant results for both terms.
What does Custos IPC recommend for startups?
Start with a Dutch patent application (low cost, quick protection). Within a year, you can then strategically choose international expansion based on your business development.
Dutch legislation: why “Patent” Is Official
State Patent Act 1995
Dutch law consistently refers to “patents”:
- Patents on inventions
- Netherlands Patent Office
- Patent Attorneys
- Patent law
Innovation box Tax benefit
In Dutch tax law:
- “Patents” entitle to 9% tax vs 25.8% normal
- Applies to Dutch and foreign patents
- Strategic planning required from R&D phase onwards
Tip: In Innovation Box planning, it does not matter whether you say “patent” or “patent” - what matters is the underlying rights and how you optimise them for tax purposes.
International Context
European Level
- European Patent Office (EPO) speaks of “patents” in international communications
- Dutch translations use “patent”
- Unitary patent since 2023 is officially a “patent” with uniform effect
Worldwide
- WIPO (World Intellectual Property Organization) uses “patents”
- PCT (Patent Cooperation Treaty) = international “patent” application
- National implementations use local terms
Conclusion: practical advice
For Entrepreneurs
- Don't worry about which term you use
- Focus on protection of your innovation, not on terminology
- Start locally (Dutch patent) and strategically build out
- Think international from day 1, but invest in phases
For IP Strategy
- Dutch patent = excellent, cost-effective first step
- International patents = next stage for market expansion
- Combination = optimal protection with controlled costs
Custos IPC Approach
We help you navigate the complexities of national and international patent/patent strategy. Whether you talk about “applying for your patent” or “obtaining a patent” - we understand your needs and recommend the best route for your innovation.
Next Steps
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About the author: This article was prepared by the expert team of Custos IPC, specialising in Dutch and international patent/patent applications. With years of experience, we help entrepreneurs protect their innovations in the best possible way.
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