NL - Netherlands
Netherlands Patent Office

Valid from 1 January 2023

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
List of related countries and Offices used in this document:
EP: European Patent Office (EPO)
IB: International Bureau of WIPO
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).
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
Two-letter code:
NL
Name of Office (original language):
Octrooicentrum Nederland
Name of Office:
Netherlands Patent Office
Location:
Prinses Beatrixlaan 2
2595 AL Den Haag
Netherlands
Mailing address:
P.O. Box 10366
2501 HJ Den Haag
Netherlands
Telephone:
(31-88) 042 66 60
E-mail:
octrooicentrum@rvo.nl
Website:
Facsimile:
None
Does the Office accept the filing of documents by means of telecommunication (PCT Rule 92.4)?
No
Does the Office send notifications via e-mail in respect of international applications?
No
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)?
No
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, 
NL
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.
EP
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?
No
For a European patent
Refer to Annex B(EP)

Annex C - Receiving Office

Competent receiving Office for nationals and residents of:
Netherlands
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:
The Office has not specifically notified the International Bureau of the language that it accepts under PCT Rule 12.1(d).
Same as above
Language in which the request may be filed:
English, 
French, 
German
Number of copies required by the receiving Office if application filed on paper:
1
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 receiving Office”).
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. If the receiving Office does not accept international applications in electronic form in such format, the international application will be transmitted to the International Bureau as receiving Office (PCT Rule 19.4(a)(ii-bis)).
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:
EP
Competent International Preliminary Examining Authority:
EP
Fees payable to the receiving Office:
Transmittal fee:
50 EUR
International filing fee:
1,378 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):
207 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?
No
Who can act as agent?
Any registered patent attorney or any registered lawyer. A list of professional representatives in the Netherlands 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
V. 1 printed on 24 Mar 2023
1.4 #39 - 2023-03-21T14:25:39.551+01:00