The period of validity of a patent depends on the type of patent and the country in which it is granted, but in most cases a patent is valid for a period of 20 years from the date of filing the application. This means that during this period, the patent holder has the exclusive right to commercially exploit the invention and can prohibit others from using, manufacturing, selling, or importing the invention without their consent.

In the Netherlands, this 20-year term also applies. However, for patents on pharmaceuticals or plant protection products, the validity period can be extended by up to five years under certain circumstances by means of the supplementary protection certificate (ABC). This extends the period during which a drug or other regulated product is protected to compensate for the time lost during renewal proceedings. These processes often take a very long time, so the operating time would be relatively short at normal duration.

It is important to note that a patent does not automatically remain valid for the entire 20-year term. Patent holders must pay an annual maintenance fee to keep the patent valid. In the Netherlands, this annual payment begins on the third anniversary of the patent application.. If these fees are not paid on time, the patent may lapse and the patent holder will lose all rights to the invention.

In addition, a patent can lapse, or be declared invalid, if it is shown that the patent does not meet the legal requirements. For example, if it is shown that the invention was not new and/or inventive. In such cases, a court or the patent granting authority (e.g. the European Patent Office in opposition proceedings) may decide to declare the patent invalid in whole or in part.

It is also important to note that patentees themselves must actively monitor the validity of their patents to maintain their rights throughout their term.

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