PCT Applicant's Guide Netherlands (Kingdom of the)

Applicable as from 1 January 2024

(published on 1 December 2023)

Summary of latest changes in this version
GENERAL INFO: Contact details
RO: RO fees, Agent, RO competency

Consult the full list of the changes

Previous version(s): You can consult previous versions of the document. The only applicable version is the current version.
15 Sep 2023, Current Version

Useful information

The PCT Applicant’s Guide is updated almost every week with information received by the International Bureau.

In case of question, please contact the Office or the International Bureau: pct.guide@wipo.int.

List of abbreviations used in this document:

Office: Netherlands Patent Office

List of currencies used in this document:

EUR (Euro)

Countries and Offices information:

The list of acronyms used for Offices is no longer shown as it has been integrated in the mouseover functionality for each ST.3 code shown in this document.
Refer to List of WIPO Standards, Recommendations and Guidelines formerly Annex K, List of country names and two-letter codes. It includes a list of short names and two-letter codes accepted for use in indicating States, other entities and intergovernmental organizations and their Offices in documents relating to international applications under the PCT. The list is as set out in WIPO Standard ST.3.
Also refer to PCT Contracting States formerly Annex A.

Office profile

For more technical information about the Office, refer to ePCT Office profile.

PCT Reservations, Declarations, Notifications and Incompatibilities

The Office does not have any reservations, declarations, notifications or incompatibilities.
Refer to the full list.

Office Closed dates

The Office is closed weekly on Saturday and Sunday

Additional closed dates can be consulted on the Office Closed dates page

International Phase

Annex B - Information on Contracting States or Intergovernmental Organization

Contracting State:

Netherlands (Kingdom of the)

Two-letter code:

Name of Office:

Netherlands Patent Office

Location:

Prinses Beatrixlaan 2
2595 AL Den Haag
Netherlands (Kingdom of the)

Mailing address:

P.O. Box 10366
2501 HJ Den Haag
Netherlands (Kingdom of the)

Telephone:

(31-88) 042 66 60

E-mail:

octrooicentrum@rvo.nl

Website:

http://www.rvo.nl/octrooien

Facsimile:

None

Does the Office accept the filing of documents by facsimile or the like means (PCT Rule 92.4)?

Does the Office send notifications via e-mail in respect of international applications?

Would the Office accept evidence of mailing a document, in case of loss or delay, where a delivery service other than the postal authorities is used (PCT Rule 82.1)?

Is the Office prepared to allow applicants to make applications available to the WIPO Digital Access Service for Priority Documents (DAS) (PCT Rule 17.1(b-bis)?

Yes, the Office is prepared to allow applicants to make international and national applications available to the WIPO DAS

Competent receiving Office(s) for international applications filed by nationals or residents of this State:

EP,

IB,

Does national legislation restrict the filing of international applications with foreign Offices?

Refer to the Office

Competent designated (or elected) Office(s) for this State:

Refer to corresponding National Phase.

Types of protection available via the PCT:

European patents

Availability under the national law for an international-type search (PCT Article 15):

Article 34(2) of the Patents Act 1995 and

Article 6(3) of the Patent Rules 1995

Provisional protection after international publication:

Designation for the purposes of a European patent:

(1) International application published in one of the EPO official languages: compensation reasonable in the circumstances, on condition that any national requirements relating to the translation of the claims in the application have been met.

(2) International application published in a language which is not an EPO official language: the protection referred to in (1) does not become effective until the EPO publishes the international application supplied to it in one of its official languages.

Information of interest if this Contracting State is designated (or elected)

Are there special provisions concerning the deposit of microorganisms and other biological material?

For a European patent

Refer to Annex B(EP)

Annex C - Receiving Office

Competent receiving Office for nationals and residents of:

Netherlands (Kingdom of the)

Language in which international applications may be filed:

If the language in which the international application is filed is not a language of publication and no translation is required for the purposes of international search (PCT Rule 12.3(a)), the applicant will have to furnish a translation of the application into English, French or German (PCT Rule 12.4(a))

Dutch,

English,

French,

German

Language accepted for language-dependent free text in the sequence listing:

Same language as the international application (Dutch, English, French or German)

Language in which the request may be filed:

English,

French,

German

Number of copies required by the receiving Office if application filed on paper:

Does the receiving Office accept the filing of international applications in electronic form?

Yes, the Office accepts electronic filing via EPO Online Filing. Offline filings may be furnished on CD-R.

For the relevant notifications by the Office, refer to PCT Gazette No. 11/2005, pages 7068 et seq., and Official Notices (PCT Gazette) dated 27 September 2018, page 300 and 1 December 2022, page 322.

Where the international application is filed in electronic form in accordance with and to the extent provided for in Part 7 and Annex F of the Administrative Instructions, the total amount of the international filing fee is reduced (refer to “Fees payable to the RO”).

Where the international application contains a sequence listing as a separate part of the description, this should be furnished in accordance with Annex C of the Administrative Instructions, that is, in compliance with WIPO Standard ST.26 XML format; no fees are due for sequence listings filed in this format.

Does the receiving Office accept requests for restoration of the right of priority (PCT Rule 26bis.3)?

Yes, the Office applies the “due care” criterion to such requests

Competent International Searching Authority:

Competent International Preliminary Examining Authority:

Fees payable to the RO:

Transmittal fee:

50 EUR

International filing fee:

1,381 EUR

This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).

Fee per sheet in excess of 30:

16 EUR

Reductions (under Schedule of Fees, item 4):

Electronic filing (the request in character coded format):

208 EUR

Electronic filing (the request, description, claims and abstract in character coded format):

311 EUR

Search fee:

Refer to
Annex D(EP)

Fee for priority document (PCT Rule 17.1(b)):

9 EUR

Fee for requesting restoration of the right of priority (PCT Rule 26bis.3(d)):

161 EUR

Is an agent required by the receiving Office?

Who can act as agent?

Any registered patent attorney or any registered lawyer. A list of professional representatives in the Netherlands (Kingdom of the) is available in the Office.

Waiver of power of attorney:

Waivers of powers of attorney do not apply (PCT Rule 90.4(e) and 90.5(d)) where the agent or common representative submits any notice of withdrawal during the international phase (PCT Rule 90bis.1 to 90bis.4, also refer to International Phase, paragraph 11.048).

Has the Office waived the requirement that a separate power of attorney be submitted?

Yes

Particular instances in which a separate power of attorney is required:

None

Has the Office waived the requirement that a copy of a general power of attorney be submitted?

Yes

Particular instances in which a copy of a general power of attorney is required:

None

National Phase

The Office closed the national route

Refer to National Chapter(EP)

Processing

WIPO - PCT Applicant's Guide NL - Netherlands (Kingdom of the)
Netherlands Patent Office

Useful information

International Phase

Annex B - Information on Contracting States or Intergovernmental Organization

Annex C - Receiving Office

National Phase

Processing

WIPO - PCT Applicant's Guide NL - Netherlands (Kingdom of the) Netherlands Patent Office

Error Information Warning Confirmation

WIPO - PCT Applicant's Guide NL - Netherlands (Kingdom of the)
Netherlands Patent Office