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Filling Timelines
The time limit to claim priority is 12 months from the priority date. Restoration of this term is possible under stringent requirement and is not granted often.
Design Patents in the Netherlands must be obtained through a Benelux Design registration with the Benelux Office for Intellectual Property (BOIP), which provides protection in Belgium, the Netherlands, and Luxembourg.
Required Documents
Signed POA, inventor declaration, assignment and Original certified copy of priority, if applicable.
Signed POA, inventor declaration, assignment and Original certified copy of priority, if applicable. A drawing set of the different views of the design.
Examination
There is no substantive examination for Invention Patents. Only formal examination is conducted.
There is no substantive examination for Benelux Designs. Only formal examination is conducted.
Maintenance
The validity of a patent in the Netherlands is 20 years from the filing date. The first annuities should be paid after a patent is granted starting from the 4th year of the date of filing, on the last day of the month of filing.
Once registered, a Benelux design is initially valid for five years from the application date and may be renewed every five years, up to a maximum duration of 25 years.
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A standard patent application process in the Netherlands can take between 2 and 3 years from the filing date. However, an accelerated examination can be requested. Contact us for additional information.
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