Renew a patent validated in the Netherlands through the European Patent Office (EPO):
If your patent is a European patent that was granted by the European Patent Office and then validated in the Netherlands, you can maintain the patent by paying an annual maintenance fee to the EPO. The first renewal fee of a patent application is due on the second anniversary of the patent's filing date and thereafter, renewal fees are due on an annual basis. Once a patent is granted by the EPO and validated in the Netherlands, the renewal fee is paid to the Patent Office of Netherlands. For more information on renewal fees related to the EPO, please visit another one of our articles at this link, here.
For example, if the filing date of a patent is 2017-06-15, and grant date is 2023-04-25, you will have to settle the renewal fee with the EPO starting from 2019-06-30 onwards until 2022-06-30. From 2023 onwards, you will have to settle the renewal fee with the Patent Office of Netherlands.
Renew a national patent with the Patent Office of Netherlands:
In order to maintain a patent application in the Netherlands, a renewal fee must be paid to the Patent Office of Netherlands on an annual basis. The first renewal fee of a patent application is due from the third anniversary (Year 4) of the filing date upon the publication of the grant of the patent. Renewal fees in the Netherlands are always due on the last day of the month anniversary of the filing date of the application.
For example, if the filing date of a patent is 2017-04-12, and the grant date of the patent is 2019-01-10, the renewal due date of Year 4 will fall on the anniversary of the patent’s filing date on 2020-04-30 (last day of the anniversary month). The next annuity for Year 5 will be due renewal on 2021-04-30 (from the anniversary of the patent’s filing date).
In the Netherlands, there’s one other type of intellectual property called as designs. At PatentRenewal.com, we have all the necessary tools and procedures to ensure that both types can be renewed through us.
Intellectual Property Type #2 - Designs in Netherlands
A design in the Netherlands is valid for 25 years, from the filing date. The renewal fees must be paid after the fifth, tenth, fifteenth, and twentieth year. Initially, the design is protected for five years. In order to maintain this protection beyond the initial 5 year period, you have to pay the renewal fees twelve months prior to the end of the corresponding period of validity. Renewal fees are required for each registered design, even if they are designs of a multiple application. If the maintenance fee is not paid by the due date, an additional 6-month grace period is given in order for the settlement to take place.If you fail to pay the full amount within the provided time frame, the design protection will lapse.
Starting from the 3rd anniversary of the filing date upon the publication of the grant of patent, patent renewal fees need to be paid every year. For further clarification, please refer to the cost breakdown below.
National patent: The first renewal fee of a patent application is due from the third anniversary (Year 4) of the filing date upon the publication of grant of the patent.
For example, if the filing date of a patent is 2017-04-12, and the grant date of the patent is 2019.01.10, the renewal due date of Year 4 will fall on the anniversary of the patent’s filing date on 2020-04-30 (last day of the anniversary month).
Patent validated in the Netherlands through the European Patent Office (EPO): The first renewal fee of a patent application is due on the second anniversary of the patent's filing date and thereafter, renewal fees are due on an annual basis. Once a patent is granted by the EPO and validated in the Netherlands, the renewal fee is paid to the Patent Office of Netherlands.
For example, if the filing date of a patent is 2017-06-15, and the grant date is 2023-04-25, you will have to settle the renewal fee with the EPO starting from 2019-06-30 onwards until 2022-06-30. From 2023 onwards, you will have to settle the renewal fee with the Patent Office of Netherlands starting from Year 7.
National patent: Prior to grant, a patent application is in its filing stage. You will only start paying renewal fees in the Netherlands when the patent becomes granted. The first renewal fee of a patent application is due on the 3rd anniversary of the filing date upon the publication of the grant of the patent.
Patent validated in the Netherlands through the European Patent Office (EPO): Prior to grant, the patent application is in its filing stage with the EPO. You can begin paying the renewal fees to the EPO from the second anniversary of the patent's filing date and thereafter, renewal fees are due on an annual basis. However, once the patent has been granted and validated in the Netherlands, the renewal fee is thereafter paid to the Patent Office of the Netherlands.
The payment window opens six months before the renewal fees are due. No renewal fees can be settled prior to this window opening. This rule is applicable to both national patents as well as to an EP patent in the Netherlands.
For example, if a renewal due date of a patent falls on 2021-07-31, the payment window to pay the renewal fee will open from 2021-02-01.
National patent: Yes, it is possible to renew a patent in the Netherlands after the renewal due date deadline. If you fail to pay the renewal fee in due time, the patent will move into a 6-month grace period whereby the renewal fees can still be settled. You will incur a surcharge fee of 50% in addition to the original renewal fees for the corresponding year. Failure to pay this fee within the grace period, will result in the patent being lapsed. Once the patent lapses, you cannot apply for it again.
Patent validated in the Netherlands through the European Patent Office (EPO): The same rule which applies to a national patent for missing a renewal deadline also applies to an EP patent in the Netherlands.
It is not mandatory to make use of a local agent or representative when renewing a patent in the Netherlands. The Patent and Trademark Office of the Netherlands accepts wire transfers. The bank transfer should be accompanied by the purpose of payment.
In order to maintain a patent in the Netherlands, renewal fees need to be settled annually. By settling the renewal fees, the patent is guaranteed to last for a maximum of 20 years from the filing date. This rule is applicable to both national patents as well as to an EP patent in the Netherlands.
