Patent application

That depends on several factors. At its core, your invention must be new, inventive and technically applicable. With a thorough assessment, we quickly map out whether patent protection is possible and strategically useful.

The duration of a patent procedure differs per situation, but in general the following applies:

• Granting of the patent: depending on the type of patent and the procedure chosen, this takes an average of 2 to 5 years.

• Filing of the application: a patent application can be filed immediately after drafting. The assessment date is set upon submission.

• Initial assessment: You will usually receive an initial report from the patent granting authority on the patentability of your invention within 6 to 10 months of filing.

The cost varies depending on where and how comprehensively you want protection:

Netherlands / Belgium (national patent)

• A Dutch or Belgian patent application often costs several thousand euros, depending on the complexity.
• In addition, there are official fees for submission and examination (e.g. approx. €80-€120 submission fee and €100-€794 for novelty research).
• Annual conservation fees will be added later.

European patent (EPO)

• A European patent application is usually more expensive than a national application; Total cost of granting is often in the tens of thousands of euros, depending on the chosen countries, translations and maintenance.
• For a European patent, there is also the possibility to have the patent granted centrally (instead of per country), in which case the renewal costs are lower, but here too you pay fees during the term.

Important: these are estimates. The final cost depends on the complexity of your invention and your international strategy.

In addition to the application fee, you also have to take into account annual renewal fees to keep the patent valid, up to a maximum of 20 years. These fees vary from country to country, usually start at a few hundred euros per year and increase as the term of the patent progresses.

Without a patent, action is often difficult. With a granted patent, you can take action, for example by:

• formally address the infringer
• to demand a ban on further exploitation
• claim damages

Therefore, a timely patent strategy is crucial. Possible infringement scenarios can also be taken into account before it is granted. For example:

possibly take effective action after granting if the infringement has not yet been stopped.

Amendments to the text to make the infringement even clearer

warning the infringer on the basis of the patent application; and

Octrooi: suitable for technical, commercially valuable inventions that can be copied or overtaken by third parties. A patent gives an exclusive right, but requires disclosure.

Confidentiality: suitable for knowledge and innovation that is not easy to trace (e.g. processes or algorithms) and can remain secret for a long time. There is no exclusive right, but there is protection as long as the information remains secret.

In practice, a combination of both is most effective: patents for nuclear technology, secrecy for know-how around it.