In short: No. However, when you have a patent application. remains confidential for a certain period of time. In most countries, including the Netherlands and the member states of the European Patent Convention, this period is 18 months. This means that your invention will not be disclosed to anyone else during this period. The application will not be published and your competitors or other parties will not have access to your invention.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.

After the 18 months have elapsed, the patent application. will be 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 the grant, the protection can be retroactive to the filing date of your application. This means that when you patent is ultimately granted, you have rights from the moment the application is submitted, and not just from the date of granting.

It is therefore good to know that your patent application will remain confidential for a period of 18 months. After this period, the application will be published and its contents will become public, but the protection of the patent can be backdated to the date of filing, if the patent is granted.

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