That's a question we get asked a lot. Fortunately, there's 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 Netherlands Patent Office (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).

However, this changes as soon as the Examiner determines that the application is a patentable invention. After all, the invention is patentable and will be granted. The grant date is the moment at which the patent becomes effective and the invention will be officially protected against infringement by competitors. From this moment on, 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, calculated from the date of filing the application. In order to maintain the validity of the patent during this period, the patent holder must pay annual maintenance fees. If these payments are not made, the patent will expire prematurely. The patent holder will then lose 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.