WORLD TRADE 
ORGANIZATION 
Council for Trade-Related Aspects 
of Intellectual Property Rights IP/N/IINLD/P/l 
28 January 1997 
(97-0264) 
Original: English 
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
Netherlands 
The present document reproduces! the following laws and regulations as notified by 
the Netherlands under Article 63.2 of the Agreement (see document IP/N/1/NLD/1/Rev.l): 
Patent Act 1995, Stb. 1995, 51 2 
Act of 14 December 1995, Stb. 1995, 668 24 
1 In English only IP/N/l/NLD/P/l 
Page 2 
INDUSTRIAL PROPERTY 
A.ND COPYRIGHT -JULY/AUGUST 1995 
(This text rcplaas tire one rm.'l·iously puhlislred Ulld!.'1' tile same code /lumher.1 
NETHERLANDS 
Patents Act of the Kingdom 1995* 
(of December 13, 1994) 
TABLE OF CONTENTS**' 
Chapter I: General Provisions •.••••••.•••.•.••••••••• 
Chapter 2: Processing of Patent Applications 
Pan I: General Provisions .•..•••••.•.•••••••••••• 
Pan 2: Grant of Patent ••••••.••.•••.•.••.•.••••. 
Pan 3: Maintenance of Secrecv of the Contents of Patent 
Applications ••••••. : ••••••••.•••.••.•••• 
Pan 4: Conversion of European Patent Applications .....•. 
Chapter 3: Provisions Governing European Patents and Commu· 
nity Patents •••••••••.••..••.•••••••.••• 
Chapter 4: Legal Effects of the Patent 
Pan I: Rights and Obligations of the Patent Proprietor ••••. 
Pan 2: Annual Fee and Expiry of Patent •••.•••••••••. 
Pan 3: The Patent as an Object or' Property •.•••••.•••. 
Pan 4: Enforcement of the Patent •••.••••••••••••••• 
Chapter 5: Invalidation and Claiming Entitlement to the Patent •. 
Chapter b: Disputes Concerning Patent Rights •.••••...•••• 
Chapter 7: Supplementary Protection Certificates ••••••••••• 
Chapter H: Special Provisions for the Netherlands Antilles ..•.• 
Chapter~: Transitional and Final Provisions •.••.•••.•••.. A.rticles 
I . I~ 
15 -23 
24·39 
40 -46 
47 --H; 
49 -52 
53 -1i0 
61 ·63 
64·69 
70·74 
i5 -79 
80 -89 
90 -98 
99 -lOO 
101 -114 INDUSTRIAL PROPERTY 
LAWS AND TREATIES 
Chapter I 
General Provisions 
Art. J. In this Act of the Kingdom :md the Rules based 
on it: "Communit)' Patent Convention" shall mean the 
Convention for (he European Potent for the Common 
~1arket signed in Luxembourg on December 15. 1989 
tTrb. I990. 121): 
"European Patent Convention" shall mean the Conven­
tion on the Grant at European Patents signed in Munich 
on October 5. 1973 (Trb. 1975. 108 and 1976. 101): 
"Dutch title: Rijksoctrooiwet 1995. 
Elllry illlo force: April I. 1995. except for provisions 
relating to extension of priority rights and the criterion for a non­
\'oluntary license: January I. 1996. 
Source: Communication from the Netherlands authorities. 
Nme: This te:t.I is based on an official En!!lish translation 
furnished by the Netherlands authorities and prepared by Kluwer 
Law International in cooperation with Nederlandsch Octrooi­
bureau. 
~* Added by WIPO. 
:--':L "Europ<:~1II P~Il"'-lll" shall mean a patent granted under 
the European Patent Convention. insofar as it has been 
granted for the Kingdom and is not a Community Patent; 
"Community patent" shall mean a patent as referred to 
in Article 2 of the Community Patent Convention: 
"European patent application" shall mean an applica­
tion for a European patent as referred to in the European 
Patent Convention: 
"Patent Cooperation Treaty" shall mean the Patent 
Cooperation Treaty signed in Washington. D.e. on June 19. 
1970 (Trb. 1973. 20); 
"Office" shall mean the Industrial Property Office as 
referred to in Article 4 of the Act of April 25. 1963 
(Stb.221): 
NETHERLANDS -Text 2-001. page 001 INDUSTR[AL PROPERTY 
AND COPYRIGHT -JULY/AUGUST [995 
"patent register" shall mean the register referred to in 
Article 19 of this Act: 
"The Minister" shall mean the Dutch Minister of 
Economic Affairs: 
"natural resources" shall mean the mineral and other 
non-living resources from the seabed and substratum. as 
well as li"Ving organisms of the sedemary type. i.e .. organ­
isms that at the moment they can be harvested are 
stationarY either on or under the seabed. or cannot move 
except i~ constam physical comact with the seabed or 
substratum. 
Ar(. ':.-1. Invemions that are new. that involve an 
inventive step and that are susceptible of industrial appli­
cation shall be patentable. 
2. The following inventions shall not be regarded as 
inventions within the meaning of the first paragraph: 
a. discoveries. as well as sciemific theories and mathe­
matical methods: . 
b. aesthetic creations: 
c. schemes. rules and methods for perrorming mental 
acts. playing games or doing business. as well as 
computer programs: 
d. presentations or inrormation. 
3. The second paragraph applies only insofar as it 
concerns the subject maller or activities referred to as 
such. 
Ar(.3. No patent shall be issued for: 
a. inventions the publication or exploitation of which 
would be contrary to public order or morality: 
b. plant or animal varieties. or essentially biological 
processes for the production of plams or animals 
and the products thereof. with the exception of 
microbiological processes unless these are prohib­
ited by or pursuant to the Act on Health and 
Welfare of Animals. 
Art. 4.-1. An invention shall be considered to be new 
if it does not form part of the state of the art. 
2. The state of the art shall comprise everything made 
:lvailable to the public by means of a written or oral 
description. by use or in any other way before the date of 
filing of the application. 
3. The state of the art shall abo \.:omprise the contents 
of previously filed applicaliolh tlt.1I Itave been entered in 
the patent register pursuant to Anicle 31 on or after the 
date referred to in paragraph Cl. :lbove. 
4. The state of the art shall also comprise the contents 
of European patent applications and of international appli­
cations as referred to in Anicle 158(1) and (2) of the 
European Patent Convention. the date of tiling of which. 
pursuant to Anicle 54(:2) and 13) of said Convention. 
precedes the date referred to in paragraph (2). above. and 
:\ETHERLANDS -Text 2-00 I. p:tge 002 IP/NIlINLDIPI 1 
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INDUSTRIAL PROPERTY 
LA WS AND TREATIES 
which have been published pursuant to Anicle 93 of said 
Convention or Anicle 21 of the Patent Cooperation Treaty 
on or after that date. provided that the Kingdom has been 
designated in the published application. 
5. Notwithstanding the provisions of paragraphs (l) 
to (4). substances or compositions included in the state of 
the an may be patented when they are intended for use in 
one of the methods referred to in Anicle 7(2) provided 
that said use for any method referred to in that paragraph 
is not included in the state of the an. 
Ar(. 5.-1. For the purposes of Article 4 the disclosure 
of an invention shall be disregarded if it occurred no 
earlier than six months prior to the filing of the patent 
application as a direct or indirect consequence of: 
a. an evident abuse in relation to the applicant or his 
legal predecessor. or 
b. the fact that the applicant or his legal predecessor 
displayed the invention at an official. or officially 
recof!nized. international exhibition within the terms 
of ~he Convention on International Exhibitions 
signed in Paris on November 22. 1928. and last 
re~ised by the Protocol of November 30. 1972 
(Trb. 1973. 100). on condition that the applicant 
declares. upon filing his application. that the inven­
tion has been so displayed and submits proof 
thereof within a period set by administrative order 
and in accordance with provisions set by adminis­
trative order. 
2. Official recoenition of exhibitions in the Nether­
lands shall be acc;rded by the Minister. Recognition of 
exhibitions in the Netherlands Antilles shall be accorded 
by the Government of the Netherlands Antilles. 
Art. 6. An invention shall be deemed to be the result 
of inventive activity if. having regard to the state of the 
an. it is not obvious to a person skilled in the art. Docu­
ments as referred to in Anicle 4(3) and (4) belonging to 
the state of the an shall not be taken into consideration in 
assessing inventive activity. 
Ar(. 7.-1. An invention shall be considered susceptible 
of industrial application if it can be made or used in any 
tield of industry. including agriculture. 
2. Y1ethods for treatment of the human body or animal 
body whether through surgery or medical treatment and 
diagnostic methods practiced on the human or animal 
bodv shall not be regarded as inventions that are suscep­
tibl~ of industrial application within the meaning of the 
preceding paragraph. This provision does not apply to 
products. particularly substances or compositions. for use 
in any of these methods. 
Ar(.8. Without prejudice to Anicles 11. 12 and 13. the 
applicant shall be deemed to be the inventor and in that 
capacity to be the person entitled to the patent. 
NL JP IN I lINLD/P 11 
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INDUSTRIAL PROPERTY 
AND COPYRIGHT -JULY/AUGUST 1995 
Art. 9.-1. A person who has duly filed an application 
for a patent or for a utility certificate or for the protection 
of a utility model in any of the countries members of the 
International Union for the Protection of Industrial Prop­
erty' and in accordance with the laws in force in that 
country or in accordance with treaties concluded between 
two or more of the aforementioned countries. shall enjoy a 
right of priority within the Netherlands and the Nether­
lands Anti1!es during a period of 12 months from the 
filing date of the application with regard to obtaining a 
patent for the subject matter in respect of which the 
protection referred to above has been applied for. The 
foregoing shall apply II1l1faris IIlIllQndis to a person who 
has applied for an inventor's certificate if the relevant 
legislation provides an option regarding the grant of such 
a certificate or of a patent. 
2. An application within the meaning of paragraph (I) 
shall be understood to mean any application of which the 
date of filing can be ascertained. regardless of the subse­
ljuent fate of the application. 
3. If the person entitled to do so has filed more than 
one application for the same subject matter. only the tirst 
application shall serve as a basis for claiming a right of 
priority. :-';~vertheless. a subsequent application for protec­
tion in thc same countl'\' mav sel'\'e as a basis for claimin~ 
a right of priority. pro~'ided·that. on the filing date of th~ 
subsequent application. the previous application has been 
withdrawn. abandoned or refused without being open to 
public inspection and without leaving <lny rights 
outstanding. <lnd provided it h<ls not served as a b<lsis for 
claiming a right of priority. If a right of priority based on 
a later application is invoked. the first application may not 
thereafter sel'\'e as a basis for claiming a right of priority. 
-+. For the purposes of Articles -)(2). (3) and (4) and 
.-\rticle 6. the ellect of the right of priority shall be that 
the application for which this right exists shall be deemed 
to have been filed on the date of filing of the <lpplication 
that confers the right of priority. 
5. The applicant may claim multiple rights of priority. 
even if the rights onginated in different countries. The 
application for which one or more rights are claimed may 
also include elements for which no rights were claimed in 
the claims formulated in the application upon which his 
claim to right of priority is based. provided that the docu­
ments of the latter application refer to the product in ques­
tion or the process in question with sufficient :lccuracy. 
6. A person wishing to avail himself of the right of 
priority shall claim it in writing upon filing the application 
or within three months thereafter. statin!! the dme of filing 
of the application upon which his clai~ is hased and als~ 
the country in which or for which it was filed: within 16 
: Before the end of 1995. this will be amended to include 
countries paoy to the World Trade OrganiZ<ltion. 
:,\L INDUSTRIAL PROPERTY 
LAWS AND TREATIES 
months after tiling the application upon which his claim is 
based. he must submit to the Office the number of that 
application and a copy of it in Dutch. French. German or 
English. or a translation of the application upon which his 
claim to right of priority is based in one of these 
languages and. if he is not the person who filed the appli­
cation serving as a basis for the priority claim. a document 
establishing his rights. 1l1e Office may require that the 
translation referred to in the previous sentence be certified. 
7, The right of priority shall be lost if the conditions 
of paragraph (6) are not met. 
Arr. /0.-1. Where for a patent granted pursuant to this 
Act the right of priority of a patent application filed previ­
ously pursuant to this Act is claimed. the patent granted 
on said application has no legal consequences insofar as it 
concerns the same invention as the first-mentioned patent. 
2. Claims to establish the absence of legal conse­
quences as referred to in the tirst paragraph may be 
brought by any person. 
3. Article 75(4}. (8). first sentence. and (9) shall apply 
I1Il1foris l1Iutandis. 
AI'£. f f. 1l1e applicant shall not be entitled to a patent 
insofar as the contents of his application have been 
obtained unlawfully from subject matter made or applied 
by another person or from descriptions. drawings or 
models belonging to another person without that person's 
consent. The latter person shall remain entitled to a patent 
to the extent that the subject matter thus unlawfully 
obtained is patentable. For the purposes of Article 4(3) 
and (4), the application filed by tb!:. person who has so 
obtained the subject matter shall not be taken into consid­
eration for the subject matter of an application filed by the 
person from whom the aforementioned subject matter has 
been so taken. 
AI". f:! .-1. Where the invention for which a p3lent 
application has b(;en filed has been made by a person 
employed in the service of another person. the employee 
~hall be entitled to the patent unless the nature of the 
service entails the use of the employee's special knowl­
edge for the purposes of making inventions of the same 
kind as that to which the patent application relates. Should 
the latter be the case. the employer shall be entitled to the 
patent. 
2. Where the invention for which a patent application 
has been filed has been made by a person who performs 
services for another in the context of a training course. the 
person for whom the services are performed shall be en­
titled to the patent unless the invention has no connection 
with the subject of the services. 
3. Where the invention has been made by a person 
carrying out research in the service of a university, college 
:--":ETHERLA:\OS -Text 2-001. page 003 INDUSTRIAL PROPERTY 
AND COPYRIGHT -JULY/AUGUST 1995 
or research establishment. the university.' college or 
research establishment shall be entitled to the patent. 
4. For the purposes of Article 4(3) and (4). an applica­
tion filed by a person not having a right to a patent shall 
be disregarded in respect of the subject matter of an appli­
cation filed by the employer referred to in the first para­
graph. last sentence. or by a person providing the oppOrtu­
nity to perform the services referred to in the second para­
graph. 
5. The provisions of paragraphs (1). (2) and (3) may 
be departed from by written agreement. 
6. Where the inventor cannot be deemed to have been 
compensated. in the salary he earns or the pecuniary 
allowance he receives or in any extra remuneration he 
receives. for not having been granted a patent. the person 
who is entitled to the patent on the basis of para­
graphs ( 1). (2) and (3) shall be obliged to' award him equi­
table remuneration related to the pecuniary importance of 
the invention and the circumstances under which it was 
made. Any right of the inventor to claim under this provi­
sion shall lapse after the expiry of three years from the 
date of the grant of the patent. 
7. Any stipulation departing from the sixth paragraph 
shall be void. 
Art. 13. Where an invention has been made by two or 
more persons working together by agreement. they shall 
have a joint right to a patent. 
Art. 14.-1. Any person who has made an invention for 
which a patent application has been filed. but who cannot 
claim any title to a patent under Article 11(1), (1) or (3) 
or under an agreement concluded with the applicant or his 
predecessors in title. shall have a right to be mentioned as 
the inventor in the patent. 
2. Any stipulation departing from the provisions of the 
preceding paragraph shall be void, 
Chapter .2 
Processing of Patent Applications 
Part I 
General PrOl'isiOlls 
Art. 15. The Office is an institution of the Netherlands. 
It shall serve. with respect to patents. as the central office 
for the Netherlands and the Netherlands Antilles pursuant 
to Article 12 of the Paris Convention for the Protection of 
Industrial Property of March 20. 1883. as revised at Stock­
holm on July 14. 1967 (Trb. 1969. l~~). 
Art. 16. If the Office is closed on the last day of any 
time limit to be observed under this Act by or vis-a.-vis 
:\ETHERLANDS -Text 2-001. page 004 IP/NIlINLD/P1 1 
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INDUSTRIAL PROPERTY 
LAWS AND TREATIES 
the Office. that time limit shall be extended for the 
purposes of this Act to the end of the first day thereafter 
on which the Office is open. 
Art. 17.-1. The Office shall act as a receiving Office 
within the meaning of Article 2(xv) of the Patent Coope­
ration Treaty and shall exercise its functions in that 
capacity in accordance with the provisions of said Treaty. 
2. Inasmuch as the Patent Cooperation Treaty permits. 
the amount and the due date of the fees that can be levied 
under the Patent Cooperation Treaty and the Regulations· 
under it shall be set by administrative order. Furthermore. 
additional regulations may be laid down by administrative 
order concerning the subject matter in respect of which the 
receiving Office is empowered to make provision by 
virtue of the aforementioned Regulations. 
Art. 18. The designation or. in appropriate cases. the 
election of the Kingdom in an international application as 
referred to in Article 2(vii) of the Patent Cooperation 
Treaty shall be deemed to be a request by the applicant to 
be granted a European patent. 
Art. 19.-1. The Office shall maintain a register in 
which. by virtue of this Act. particulars concerning patent 
applications and patents are recorded. 
1. The register shall be open for inspection by any 
person free of charge. 
3. Additional regulations may be set by administrative 
order with respect to this register. These may provide that 
the registration of given particulars is dependent upon the 
payment of an amount by the individual requesting regis­
tration. 
4. In return for payment of amounts to be set by 
administrative order. any individual may request written 
information on or certified extracts from the patent register 
or documents relating to a patent application or patent 
registered in the patent register. as well as copies of the 
latter documents. 
Art. ':0.-1. All particulars recorded in the patent 
register shall also be reported in a Journal to be published 
periodically by the Office. 
1. Additional regulations mav be fixed bv administra­
tive order with resp-ect to the p~ovisions of the first para­
graph. 
Art. 21.-1. From the moment the patent application is 
recorded in the patent register any person can inspect free 
of charge all documents pertaining to the application or 
the patent granted as a result of such application that the 
Office has received or has sent to the applicant or to third 
parties in the context of the provisions of this Act. As 
soon as possible, but not before the application is entered 
NL IP/NIlINLDlP1l 
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INDUSTRIAL PROPERTY 
AND COPYRIGHT-JULY/AUGUST 1995 
in the patent register. the Office shall give notice of these 
documents in the 10umal referred to in Article 20. 
2. Documents penaining to an application that has not 
yet been entered in the patent register may only be 
inspected with the consent of the applicant. It shall. 
however. be possible to inspect such documents without 
the consent of the applicant if the person in question 
shows that the applicant has invoked the rights under the 
application against the person in question. This provision 
does not penain to the patent applications referred to in 
Pan 3 of this Chapter. 
3. The declaration of the inventor stating that he does 
not wish to be recorded as the inventor in the patent may 
not be inspected. 
Arc. 22. Persons entitled to act as authorized represen­
tatives before the Patent Office may act as authorized 
representatives for the applicant before the Office. The 
provisions of Anicle 18A of the Patents Act of the 
Kingdom <last amended in 1987) and provisions there­
under shall also apply to professional representation before 
the Office. 
Art. 23.-1. If. despite taking all due care required by 
the circumstances. the applicant for or proprietor of a 
patent or the proprietor of a European patent has not been 
able to observe a time limit with respect to the Office or 
the office referred to in Anicle 99. he shall. at his request. 
have his rights reestublished by the Office. if failure to 
observe the time limit pursuant to this Act has directly led 
to the loss of any right or means of redress. 
2. The first paragraph shall not apply to failure to file 
the patent application within the time limit stipulated in 
Anicle 9( I) or to failure to comply with the time limit 
referred to in paragraph (3). below. 
3. The request shall be filed as soon as possible. but in 
any case not more than a year after expiry of the time 
limit that was not observed. The omitted act is to be made 
good together with the request. If the applicant is not resi­
dent in the Kingdom. he shall elect domicile with an 
authorized representative. An amount to be set bv adminis­
trative order is to be paid upon filing the request: 
4. The Office shall record the reestablishment in the 
patent register. 
5. Anv person remains authorized notwithstanding the 
patent to' continue the acts stipulated in Anicle 53( 1) 
where said person has. in or for his business. commenced 
manufacture or application of that for which as a result 
of the reeslablishment a patent is in force. or has com­
menced implementation of his decision to do so in or for 
his business within the Netherlands or the Netherlands 
Antilles or where a European patent is concerned. within 
the Netherlands. in the period between the loss of rights or 
means of redress and the reestablishmenl. Anicle-55(2) 
and (3) shall apply mlllaris muralldis. INDUSTRIAL PROPERTY 
LA WS AND TREATIES 
Part 2 
Grant of Patent 
Art. 24.-1. An application for a patent must be filed 
with the Office in writing and must: 
a. contain the name and address of the applicant: 
b. contain the name and place of residence of the 
inventor unless. according to a written declaration 
attached to the application. he does not wish to be 
recorded on the patent as the inventor; 
c. contain a request for the grant of a patent: 
d. contain a concise indication of the subject matter of 
the invention: 
e. be accompanied by a description of the invention 
containing, in one or more claims at the end. a 
definition- of the subject matter for which exclusive 
rights are being sought: 
f. be accompanied by an abstract of the description. 
2. The abstract is only intended to serve as a source of 
technical information: i( specifically may not serve for 
interpreting the scope of the protection requested or for 
the application of Anicle 4(3) or Article 75(2). 
3. The application and the description of the invention 
should be written in Dutch and signed by the applicant or 
the person appointed as his representative by written 
authorization. 
4. The application. the description of the invention. the 
drawings and the abstract shall also meet the other formal 
regulations laid down by administrative order. 
5. Proof confirming that an amount equal to the rate 
set by administrative order has been paid to the Office 
should be submitted with the application. 
Arr. 25.-1. The description of the invention must be 
clear and complete: the definition given in one or more 
claims at the end should be precise. The description 
should. if necessary, be accompanied by corresponding 
drawings and be of such a nature as to enable a person 
skilled in the art to understand and carry out the invention 
on the basis of that description. 
2. If an invention involving a microbiological process 
or a product made using such a process involves the use 
of a microorganism that is not accessible to the public. a 
culture of the organism shall also be deposited at an insti­
tution designated by or by vinue of an administrative 
order no later than the date of filing and shall comply with 
the requirements stipulated by administrative order 
regarding the identification and availability of the microor­
ganism. 
Arc. 26. If the applicant's place of residence is not in 
the Kingdom. he shall be required to elect domicile in the 
:"Jetherlands with an authorized representative as referred 
to in Anicle 22. 
:"JETHERLANDS -Text 2-001. page ()()5 INDUSTRIAL PROPERTY 
AND COPYRIGHT- JULY/AUGUST 1995 
Art. 27. Each application for a patent shall relate to 
one invention only or to a group of related inventions so 
linked as to fonn a single general inventive concept. 
Further regulations in this matter may be laid down by 
administrative order. 
Art. 28.-1. The applicant may divide a previously filed 
application by filing a separate application for a part of 
the contents. Except for the purposes of Article 30( I ). 
Article 31(3) and Article 32(1), this application shall be 
deemed to have been filed on the date of filing of the 
original application. 
2. The applicant may change the description. claims 
and drawings of the application already filed. 
3. The subject matter of the divisional or amended 
application must be covered by the contents of the original 
application. 
4. The division or amendment may be made up to the 
time at which the patent application is to be entered in the 
patent register in accordance with Article 31( 1) or (2). 
S. If the applicant has requested a search of the state 
of the art pursuant to Article 32. the division or amend­
ment may be made up to two months after dispatch of the 
notice referred to in Article 34(4) if this time limit expires 
after the time limit referred to in the fourth paragraph. 
This time limit may be extended once by two months by 
the Office at the written and reasoned request of the appli­
cant. 
Art. 29.-1. The date of filing shall be the date on 
which the following are submitted: 
a. a request for the grant of a patent: 
b. particulars identifying the applicant: 
c. a description of the invention and one or more 
claims. even if they fail to comply with the provi­
sions of Article 24 or provisions thereunder. 
., The Office shall record the date referred to in the 
first paragraph and assign a serial number to the applica­
tion and shall notify these to the applicant as soon as 
possible by post or hand delivery. 
3. If the Office is of the opinion that the filed docu­
ments do not meet the requirements of the first paragraph. 
then the Office shall refuse to record the date referred to 
in the first paragraph. It shall notify the applicant of its 
decision and the reasons for it as soon as possible by post 
or hand delivery. 
Art. 30.-1. If the provisions of Articles 24 and 26 and 
provisions thereunder are not complied with or disclosure 
of the invention to the public would be contrary to public 
order or morality. the Office shall notify the applicant of 
this in writing within one month of the date of filing 
referred to in Article 29(1) or. in the case of a divisional 
application. within one month of the date on which the 
~ETHERLANDS -Text 2-001. page 006 IP/N/lINLD/P/l 
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INDUSTRIAL PROPERTY 
LAWS AND TREATIES 
divisional application was filed. together with a statement 
of the provisions that have not been complied with. 
2. If the shortcomings are not remedied within three 
months after dispatch of the notice referred to in the first 
paragraph or if the applicant makes it known before then 
that he does not wish to remedy them. the Office shall 
decide not to process the application. The Office shall 
infonn the applicant of its decision and the reasons for it 
by post or hand delivery as soon as possible. 
Art. 3 J .-1. The Office shall enter a patent application 
in the patent register as soon as possible after the expira­
tion of 18 months: 
a. following the date of filing referred to in Arti­
cle 29(1). or. 
b. if it concerns an application for which one or more 
rights of priority have been claimed. after the first 
date of priority. 
2. At the written request of the applicant. registration 
shall take place at an earlier date. 
3. A divisional application as referred to in Article 28 
shall be registered as soon as possible after its filing, 
although not prior to the registration of the original appli­
cation. 
Art. 32.-1. Within 13 months of: 
a. the date of filing referred to in Article 29(1), or, 
b. if the application is one for which one or more 
rights of priority have been claimed. after the first 
date of priority. 
the applicant may request the Office to perform a search 
of the state of the art with respect to the subject matter of 
the patent application prior to the grant of the patent. 
2. If a divisional application as provided for in Arti­
cle 28 is involved. then the request referred to in the first 
paragraph may be made within 13 months of the date of 
filing of the original application provided for in Arti­
cle 29( I ) or within two months after the filing of the divi­
sional application. if the resulting date is later. 
3. The request shall be filed in writing with the Office, 
accompanied by proof that a payment has been made to 
the Office in accordance with the rate set by administra­
tive order. If this proof is not submitted within the time 
limit stipulated in the first paragraph then the request shall 
not be processed. 
4. As soon as possible after the patent application has 
been entered in the patent register. the Office shall record 
the request referred to in the first paragraph in the patent 
register. 
Art. 33.-1. If the applicant has not made said request 
within the time limit stipulated in Article 32(1) or has 
infonned the Office in writing that he will not make such 
NL IP/NIlINLD/PI1 
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INDUSTRIAL PROPERTY 
AND COPYRIGHT -JULY/AUGUST 1995 
a request. the Office shall grant the patent as soon as the 
patent application has been entered in the register and 
shall record the grant in the register. 
2. The patent shall relate only to the invention or 
group of inventions referred to in Article 27 that is 
mentioned first in the claims. 
3. The patent shall be granted by signing and affixing 
the date to the application in the form in which it was 
filed or amended pursuant to Article 28 or 30(2). 
4. The Office shall issue the specifications and draw­
ings attached to the application in the form of a patent 
specification and supply a certified copy to the applicant. 
5. A patent granted by virtue of this Article shall 
remain in force. baning earlier lapse or invalidation by the 
court. until the expiry of six years from the date of filing· 
referred to in Article 29( I). 
ArE. 34.-1. A search of the state of the art as provided 
for in Article 32( 1) shall be conducted by the Office. if 
necessary with the assistance of the European Patent 
Office referred to in the European Patent Convention. 
2. If the applicant so requests. the Office shall cause 
the application to be subjected to an international search 
as provided in Article 15(5)(a) of the Patent Cooperation 
Treaty. Such a search shall be deemed to be a search of 
the state of the art as referred to in Article 32( I ). 
3. If it is apparent from the search that the application 
filed does not comply with the provisions of Article 27 
and provisions thereunder. it shall be carried out with 
respect to the element of the application relating to the 
invention or group of inventions referred to in Article 27 
that is mentioned first in the claims. 
4. The Office shall notify the applicant in writing of 
the results of the search of the state of the art. 
5. If the third paragraph applies. the Office shall state 
this in the notification provided for in paragraph (4). 
providing reasons there for and specifying the invention or 
group of inventions regarding which the search was 
conducted. 
Art. 35.-1. If the Office is of the opInIOn that the 
search of the state of the art cannot be conducted owing to 
lack of clarity of the claims in the application. it shall so 
inform the applicant in a reasoned. written statement as 
soon as possible. 
2. If the shortcomings are not remedied within two 
months of the dispatch of the notice referred to in the first 
paragraph. or if the applicant makes it known before then 
that he does not wish to remedy them. the Office shall 
decide not to process the application. The Office shall 
inform the applicant of its decision and the reasons for it 
by POSt or hand delivery as soon as possible. INDUSTRIAL PROPERTY 
LAWS AND TREATIES 
Art. 36.-1. If the applicant has requested a search of 
the state of the art as provided in Article 32(1}, the Office 
shall grant the patent as soon as the patent application has 
been entered in the register, but not earlier than two 
months or-if Article 28(5), second sentence, applies-four 
months after the dispatch of the notification referred to in 
Article 34(4). It shall record this in the patent register. 
2. Article 33(3) and (4) shall apply. 
3. If Article 34(3) applies. the patent shall relate only 
to that invention or group of inventions referred to in 
Article 27 that is mentioned first in the claims. 
4. The report on the search of the state of the art shall 
be attached to the patent specification. 
5. A patent granted by virtue of this Article shall 
remain in force. barring earlier lapse or invalidation by the 
court. until the expiry of 20 years from the date of filing 
provided for in Article 29(1). 
Art. 37.-1. Any person may at any time request the 
Office in writing to conduct a search of the state of the art 
in respect of th~ subject matter of a patent granted by the 
Office. 
2. If the person making the request precisely states in 
the request to which specific part of the patent the request 
for a search applies. the search shall be conducted in 
accordance with the request. 
3. The request should be accompanied by proof that 
payment has been made to the Office in accordance with 
the rate set by administrative order. If this proof is not 
submitted. the request shall not be processed. 
4. The Office shall immediately notify the applicant of 
a request as referred to in the first paragraph and record 
the submission of the request as soon as possible in the 
register. 
5. Article 34(1). (3), (4) and (5) and Article 35(1) 
shall apply mutatis mwandis. 
Art. 38.-1. Anyone may provide the Office with infor­
mation on a patent application or the patent granted on it 
in a written statement. The Office shall then pass this 
information on to the applicant or the patent proprietor if 
it did not originate with said person in the first place. 
2. If the identification of the inventor as referred to in 
Article 24(1 )(b) is incorrect. or if a person other than the 
inventor declares that the inventor does not wish to be 
identified as such in the patent. then the applicant and 
inventor may jointly request the Office in writing to make 
the necessary corrections to the patent against payment of 
an amount to be set by administrative order. If applicable. 
the request must be accompanied by the written consent of 
the person wrongly designated as the inventor. 
NETHERLANDS -Text 2-001. page 007 INDUSTRIAL PROPERTY 
AND COPYRIGHT -JULY/AUGUST 1995 
Art. 39.-1. The withdrawal of a patent application 
entered in the patent register shall have no consequences 
for third panies as long as no legal claims have been 
finally and irrevocably decided in any legal proceedings 
that have been instituted concerning the application 
according to documents registered in the patent register. 
2. Where a person other than the applicant is entitled 
to the patent or has a joint right to the patent by vinue of 
an irrevocable judgment in legal proceedings as referred to 
in paragraph (1), the withdrawal shall be deemed not to 
have occurred. 
3. The Office shall record the withdrawal in the patent 
register. 
Part 3 
Maintenance of Secrecy of the 
Contents of Patent Applications 
Art. 40.-1. If the Office is of the opinion that the 
secrecy of the contents of a patent application may be in 
the interest of the defense of the Kingdom or its allies. it 
shall notify the applicant thereof as soon as possible, but 
no later than three months from the date of filing of the 
application. The Minister of Defense may give directions 
to the Office on whether or not there is such an interest. 
2. At the same time as the notification is sent. the 
Office shall send a copy thereof and of the description and 
drawings pertaining to the application to the aforemen­
tioned Minister. 
3. Where paragraph (1) applies, the entry of the appli­
cation in the patent register shall be suspended. 
Art. 41.-1. Within eight months of the filing of a 
patent application as referred to in Anicle 40. the Minister 
of Defense shall notify the Office whether the contents of 
the application are to be kept secret in the interest of the 
defense of the Kingdom or its allies. 
2. Notification in the affirmative under paragraph (l) 
shall have the effect of suspending the entry of the appli­
cation in the patent register for a period of three years 
from the date of notification of said decision. Notification 
in the negative shall terminate such suspension. The 
absence of any notification shall be treated as a notifica­
tion in the negative. 
3. The aforementioned Minister mav extend the term 
of suspension within six months preceding its expiry for 
periods of three years at a time by notifying the Office 
that the contents of the application are to be kept secret in 
the interest of the defence of the Kingdom or its allies. 
4. The aforementioned Minister may at any time notify 
the Office that the contents of the application need no 
longer be kept secret. Such a notification shall terminate 
the suspension. 
:--lETHERLANDS -Text 2-001. page 008 IP/NI 1 INLD/PI 1 
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INDUSTRIAL PROPERTY 
LAWS AND TREATIES 
5. The Office shall inform the applicant without delay 
of any notification under paragraph (1), (3) or (4). The 
Office shall also inform the applicant without delay of the 
absence of any notification as referred to in paragraph (I) 
or (3). 
6. For as long as the suspension has not been termi­
nated the Office shall send the aforementioned Minister, at 
his request, copies of all the relevant docwnents 
exchanged between the Office and the applicant. 
7. If the suspension ends, the application shall never­
theless not be entered in the patent register until a period 
of three months has elapsed, unless the applicant requests 
otherwise. 
Art. 42.-1. Any person whose patent application has 
become subject to Anicles 40. 41 or 46 shall, at his 
request. be awarded compensation by the State for any 
damage he has sustained through the enforcement of these 
Articles. 
2. The amount of the compensation shall be deter­
mined on the termination of the suspension. If, however. 
the term of suspension has been extended by virrue of 
Article 41(3), the amount of the compensation shall be 
determined. at the request of the applicant. in installrnents, 
the first relating to the period prior to the commencement 
of the first extension. the next to the period between two 
successive extensions and the last to the period from the 
commencement of the last extension to the termination of 
the suspension; the amounts shall be determined upon 
expiration of the relevant periods. 
3. The amount of the compensation shall be deter­
mined. if possible, by mutual consent between the 
Minister of Defense and the applicant. If no agreement has 
been reached within six months from the date of the 
expiry of the period to which the compensation relates. 
Anicle 58(6), first sentence. shall apply mutatis mutandis. 
Art. 43.-1. If an applicant requests that the contents of 
a patent application be kept secret in the interest of the 
defense of some other State. or if the government of that 
State makes such a request. the Office shall, provided the 
applicant has stated in writing that he renounces any 
compensation for damages he might sustain by reason of 
the enforcement of this Anicle. send without delay a copy 
of that request and of the specification and drawings 
penaining to the application as well as the aforementioned 
statement of renunciation to the Minister of Defense. In 
such a case. the entry or the application in the patent 
register shall be suspended. In the absence of a statement 
of renunciation. the Office shall notify the aforementioned 
Minister thereof without delay. 
2. Within three months following the date of filing of 
the request. the aforementioned Minister may notify the 
Office that the contents of the application are to be kept 
secret in the interest of the defense of the State concerned. 
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provided that he has ascenained that secrecy has been 
imposed on the applicant by that State and that the appli­
cant was given permission by the same State to file an 
application the subject matter of which has been made 
secret. 
3. A notification by vinue of paragraph (2) shall result 
in the entry of the application in the patent register being 
suspended until the aforementioned Minister notifies the 
Office that the contents of the application need no longer 
be kept secret. Absence of the aforesaid notification shall 
end the suspension. 
4. Article 41(6) and (7) shall apply nlllcacis mUlandis 
with regard to an application as referred to in paragraph ( I ). 
ArC. 44.-1. Where the Minister of Defense is of the 
opinion that it is in the interest of the defense of the 
Kingdom for the State to use. put into practice or cause to 
be used or to be put into practice the SUbject matter of a 
patent application to which Anicle 40. 41 or 43 has been 
applied. he mav take measures to that effect after notifving 
the applicant -thereof. The notification shall comain ; 
precise account of the acts that the State must perform or 
cause to be performed. 
2. The State shall compensate the applicant for the use 
or the putting into practice of the subject matter of the 
application pursuant to paragraph ( 1 ). 
3. The amount of this compensation shall be fixed. if 
possible. by mutual consent between the aforementioned 
Minister and the applicam. If no agreement has been 
reached within six months following the date of the notifi­
cation referred to in paragraph (I). Article 58(6). first 
sentence. shall apply mwatis mutandis. 
Arr. 45. If the State itself is the owner of a patent 
application and if the Minister of Defense notifies the 
Office that its contents are to be kept secret in the interest 
of the defense of the Kingdom or its allies. the entry of 
the application in the patent register shall be suspended 
until the aforementioned Minister notifies the Office that 
the contents of the application need no longer be kept 
secret. 
Art. 46.-1. A European patent application whose 
applicant knows or should reasonably know that the 
contents thereof should be kept secret in the interests of 
the defense of the Kingdom or its allies shall be filed with 
the Office. 
2. The Office shall without delay send a copy of the 
specification and drawings penaining to the application to 
the Minister of Defense. 
3. Within a period not exceeding three weeks before 
expiration of the time limit referred to in Article 77(3) of 
the European Patent Convention. the Minister of Defense 
shall notify the Office whether the coments of the applica-INDUSTRIAL PROPERTY 
LAWS AND TREATIES 
lion shall be subject to secrecy in the interest of the 
defense of the Kingdom or its allies. 
4. If notification under paragraph (3) has been effected 
in the negative or if no notification has been effected at 
all. the Office shall forward the European patent applica­
tion to the European Patent Office referred to in the Euro­
pean Patent Convention with due observance of the time 
limit referred to in Article 77(3) of said Convention. 
5. The Office shall inform the applicant without delay 
of any notification by vinue of paragraph (3) or of the 
absence thereof. 
Part 4 
Conversion of European Parent Applications 
Art. 47. A European patent application which complies 
with the provisions of Article 80 of the European Patent 
Convention and is deemed to have been withdrawn under 
Article 77(5) of said Convention and which has been filed 
at the Office as an annex to a regular request for conver­
sion to a patent application in the Kingdom. hereinafter 
referred to as a converted application. shall be deemed to 
be a patent application as referred to in Article 24, 
directed to the Office and filed at the Office. A request for 
conversion shall be regular if it has been filed. and has 
been transferred to the 'Office. in due time with due obser­
vance of the provisions of Part VIII. Chapter I. of the 
European Patent Convention. 
Art. 48.-1. The date of delivery to the Office, together 
with a serial number. shall be noted on the converted 
application. The Office shall infonn the applicant of this 
as soon as possible. 
:!. Proof of payment for the converted application as 
~pecified in Article 24(5) shall be fumished within a 
period of three months from the date of filing referred to 
in paragraph (I). If the European patent application has 
not been filed in Dutch. a translation into Dutch of the 
original documents of that application shall be filed within 
the same period. The translation shall form part of the 
converted application: it shall be certified at the request of 
the Office within a time limit to be stipulated by the 
Office. If the provisions of this paragraph have not been 
complied with in due time. the Office shall give the appli­
cant one opportunity to remedy this deficiency within a 
period to be stipulated by the Office. If the applicant does 
not remedy the deficiency within this time limit, the 
Office shall decide not to process the application. The 
Office shall notify the applicant of this decision and the 
reasons for it by post or hand delivery as soon as possible. 
3. The formal requirements imposed by or by virtue of 
Articles 24 and 26 shall not apply to the converted appli­
cation if and to the extent that the v differ from or are 
supplementary to the provisions of 'the European Patent 
NETHERLANDS -Text 2-001. page 009 INDUSTRIAL PROPERTY 
AND COPYRIGHT -JULY/AUGUST 1995 
Convention or provIsIons thereunder: in such cases the 
latter provisions shall apply to the convened application. 
4. As soon as the applicant has complied with the 
provisions of paragraph (2). the Office shall determine 
whether the application satisfies the provisions of Ani­
cles 24 and 26 or provisions thereunder or. if applicable. the 
provisions of the European Patent Convention as referred 
to in paragraph (3). If this is not the case. or if making the 
invention public is contrary to public order or morality, 
the Office shall so inform the applicant in writing as soon 
as possible. stating the requirements that have not been 
complied with. Anicle 30(2) shall apply mraatis mutandis. 
5. For the application of Anicles 31 (l), 32(1), 33(5), 
36(5) and 61(1) to the convened patent application. "the 
date of filing referred to in Anicle 29(1 l." should read: the 
date of filing of the application pursuant to Anicle 80 of 
the European Patent Convention in consideration of Ani­
cles 61 or 76 of that Convention. 
6. The entry in the patent register referred to in Arti­
cle 31 shall not be made until it has been ascertained that 
the requirements of paragraph (4) have been satisfied or 
that deficiencies in this respect have been remedied. 
Chapter 3 
Provisions Governing European Patents 
and Community Patents 
Art. 49.-1. In conformity with the provisions of this 
Act. European patents shall have the same effect in the 
Netherlands and shall be governed by the same legal 
provisions and have the same legal consequences as 
patents granted under Anicle 36 of this Act from the date 
on which the mention of the grant is published in accor­
dance with Article 97(4) of the European Patent Conven­
tion. Community patents in the Netherlands shall from that 
date be governed by the same legal provisions and have 
the same legal consequences as patents granted under 
Article 36 of this Act only insoiar as that follows from the 
Community Patent Convention. 
2. Barring earlier lapse or invalidation by the coun. a 
European patent shall remain in force for a period of 20 
years from the date of filing oi the European patent appli­
cation that led to the European patent concerned pursuant 
to Article 80 of the European Patent Convention. in accor­
dance with Articles 61 or 76 of that Convention. 
3. Where the provisions of Articles 55(1), 57(4) and 
77(1) govern European patents. the date of filing shall be 
deemed to be the date of filing of the European patent 
application which resulted in the grant of the European 
patent pursuant to Article 80 of the European Patent 
Convention. in accordance with Articles 61 or 76 of that 
Convention. 
:.iETHERLANDS -Text 2-001. page 010 IP/NI1/NLDIPI 1 
Page 11 
INDUSTRIAL PROPERTY 
LAWS AND TREATIES 
Art. 50.-1. A European patent shall be deemed, 
entirely or partly, not to have had the legal consequences 
referred to in Articles 53, 72 and 73 from the outset 
insofar as the patent is entirely or panly revoked during 
opposition proceedings. 
2. The retroactive force of the revocation shall not 
affect: 
a. a decision, which is not a temporary order, relating 
to acts that conflict with the exclusive rights of the 
patent proprietor. referred to in Article 53, or acts 
as referred to in Articles 72 and 73 which had 
become res judicata and had been enforced before 
the revocation: 
b. an agreement concluded prior to the revocation, 
insofar as it was also implemented prior to the 
revocation: however, in the interest of equity repay­
ment can be demanded in respect of payments made 
on the basis of this agreement to the extent justified 
by the circumstances. 
3. For the application of paragraph (2)(b), the conclu­
sion of an agreement shall be deemed to include the 
creation of a license in another manner provided for in 
Articles 56(2), 59 or 60. 
Art. 51.-1. The Office shall without delay enter in the 
patent register the publication. pursuant to Article 97(4) of 
the European Patent Convention. of the mention of the 
grant of a European patent. 
2. The Office shall without delay enter in the patent 
register any notice of opposition to a European patent, 
stating the date of filing of the opposition and the deci­
sions of the European Patent Office relating thereto. 
Art. 52.-1. Within a time limit to be set by administra­
tive order. any person to whom a European patent has 
been granted shall provide the Office with a translation 
into Dutch of the text in which the European Patent Office 
proposes the patent be granted. Furthermore. a fee shall be 
due. the amount thereof and the time limit within which it 
is to be paid being set by administrative order. The trans­
lation must be certified by a professional representative. 
The translation and the cenification thereof must satisfy 
formal requirements to be set by administrative order. 
2. If on receipt within the time limit referred to in 
paragraph (I) the formal requirements referred to in the 
last sentence of said paragraph have not been satisfied. the 
Office shall so notify the proprietor of the patent without 
delay. with a statement of the requirements that have not 
been satisfied and of the time limit within which the noted 
deficiencies may be remedied. 
3. On receipt of the translation in the proper form, the 
Office shall without delay enter it in the patent register. 
4. The European patent shall be deemed not to have 
had the legal consequences referred to in Article 49 from 
the outset if: 
NL IP/N/lINLD/P/1 
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INDUSTRIAL PROPERTY 
AND COPYRIGHT -JULY/AUGUST 1995 
a. within the time limit referred to in paragraph (1). 
the translation has not been received by the Office 
or the fee due by vinue of that paragraph has not 
been paid: or 
b. within the time limit referred to in paragraph (2), 
the stipulated requirements have not yet been satis­
fied. 
5. In the event of a situation provided for in para­
graph (4) arising. the Office shall without delay record the 
fact in the patent register. 
6. Paragraphs (1) to (5) shall apply mutatis mutandis if 
the European patent has been amended during opposition 
proceedings. 
7. The proprietor of the patent may at any time 
provide the Office with a corrected translation. for which a 
fee shall be due in an amount to be set by administrative 
order. Paragraph (I), third and fourth sentences. and para­
graphs (2) and (3) shall apply. 
8. From the moment the entry referred to in Arti­
cle 51 (1) is made in the patent register. all documents 
penaining to the European patent received by the Office 
or sent to the proprietor of the European patent or given to 
third panies within the context of the provisions of this 
Act shall be open to public inspection free of charge. The 
Office shall publish a mention of all these documents in 
the Journal referred to in Anicle 20 as soon as possible. 
but not before the time referred to in the first sentence. 
Chapter 4 
Legal Effects of the Patent 
Part 1 
Rights and Obligations of the 
Patent Proprieror 
Art. 53.-1. Subject to the provisions of Anicles 54 
to 60. a patent shall confer on its owner the exclusive right: 
a. to make. use. put on the market or resell. hire out 
or deliver the patented product. or otherwise deal in 
it in or for his business. or to offer. impon or stock 
it for any of those purposes: 
b. to use the patented process in or for his business or 
to use. put on the market. or resell. hire out or 
deliver the product obtained directly as a result of 
the use of the patented process. or otherwise deal in 
it in or for his business. or to offer. impon or stock 
it for any of those purposes. with the exception of 
any product excluded from the grant of a patent 
pursuant to Anicle 3. 
2. The exclusive right shall be determined by the 
contents of the claims in the patent specification. and the 
description and the drawings shall serve to interpret those 
claims. INDUSTRIAL PROPERTY 
LAWS AND TREATIES 
3. The exclusive right shall not extend to acts solely 
serving for research on the patented subject matter. 
including the product obtained directly as a result of using 
the patented process. The exclusive right shall likewise not 
extend to the preparation of medicines in pharmacies for 
immediate use in individual cases on medical prescription. 
or to acts related to medicines prepared in this manner. 
4. If a product as referred to in paragraph (1)(a) or (b) 
has been put on the market lawfully in the Netherlands or 
the Netherlands Antilles. or. where a European patent is 
concerned. in the Netherlands. or if it is put on the market 
lawfully in one of the Member States of the European 
Union or in another State that is pany to the Agreement 
concerning the European Economic Area by the patent 
proprietor or with his consent. the person who obtains or 
later holds the product shall not contravene the patent by 
using. selling. hiring out or delivering the product or by 
otherwise dealing in it in or for his business. or by 
offering. imponi~g. or stocking the product for any of 
those purposes. 
5. A product as specified in paragraph (1)(a) or Cb) 
which was manufactured by a business prior to the grant 
of a patent or. where a European patent is concerned. prior 
to the date of publication of the mention of the grant of 
the European patent in accordance with Anicle 97(4) of 
the European Patent Convention. may continue to be used 
on behalf of that business notwithstanding the patent. 
Art. 54. The exclusive right of the patent owner shall 
not extend to: 
a. the use. on board vessels of other countries. of the 
subject matter of the patent in the body of the 
vessel or in the machinery. rigging. tackle and other 
accessories thereof when such vessels are in the 
waters of the Netherlands or Netherlands Antilles 
temporarily or accidentally. provided that the use is 
for the actual needs of the vessel only; 
b. the use of the subject matter of the patent in the 
construction or operation of aircraft or land vehicles 
or of the accessories of such aircraft or land vehi­
cles belonging to other countries. when such aircraft 
or land vehicles are in the Netherlands or Nether­
lands Antilles temporarily or accidentally; 
c. acts specified in Article 27 of the Chicago Conven­
tion on International Civil Aviation of December 7, 
1944 (Stb. 1947. H 165). provided that those acts 
relate to aircraft of a State other than the Kingdom 
or Aruba-mentioned under (c) in that Anicle. 
Art. 55.-1. Any person who. in the Netherlands or 
Netherlands Antilles or. in the case of a European patent. 
in the Netherlands. has already manufactured or applied or 
corrunenced implementation of his intention to manufac­
ture or apply. in or for his business. the subject matter of 
a patent application filed by another on the filing date 
thereof or, if the applicant has a right of priority under 
NETHERLANDS -Text 2-001, page 011 INDUSTRIAL PROPERTY 
AND COPYRIGHT -JULY/AUGUST 1995 
Article 9( I) or Article 87 of the European Patent Conven­
tion. on the filing date of the priority application. shall. 
notwithstanding the patent. continue to have the right to 
perform the acts referred to in Article 53( I). this right 
being based on prior use. unless his knowledge was 
obtained from matter already made or applied by the 
applicant or from the applicant's descriptions. drawings or 
models. 
2. Paragraph (I) shall apply mlllatis mutandis to that 
part of the continental shelf contiguous to the Netherlands 
or Netherlands Antilles-or. in the case of a European 
patent. contiguous to the :\etherlands-in which the 
Kingdom has sovereign rights. but exclusivelv to the 
cxte~t that such acts ;re a;sociated with and performed 
during the exploration for or recovery of natural resources. 
3. The right referred to in paragraph (I) may only be 
assigned to other persons with said business. 
4. For the application of this Article to Community 
patents pursuant to Anicle 37 of the Community Patent 
Convention. "a European patent" should read: a Commu­
nity patent. 
Art. 56.-\. The right to perform acts prohibited to any 
person other than the proprietor of the patent by virtue of 
Article 53 may be acquired from the patent proprietor by 
means of a license. That right shall extend to all acts 
referred to in the aforementioned Article and shall remain 
in force as long as the patent has effect. except where a 
less extensive right has been granted under the license. 
:!. A license shall be created by an agreement. by an 
accepted testamentary disposition or. in accordance with 
Articles 57 and 58. by a decision taken by the Minister or 
bv a court decision that has become res judicata. A 
li~ense created by an agreement or an accepted testamen­
tary disposition shall have effect vis-a-vis third parties 
after the ownership thereoi has been entered in the patent 
register. For this entry a lee. to be set by administrative 
order. shall be due. 
3. Where the right to remuneration in respect of a 
license passes to another under Article 75(8) or Arti­
cle n( 4). the successor in title shall be entitled to a part 
of the total remuneration paid or to be paid for the license 
in proportion to the period during which the license should 
continue to have effect under normal circumstances. If the 
amount still to be paid by the licensee is insufficient to 
provide the successor in title with that which he is due. 
the latter may seek redress for the shortfall from his 
predecessor. 
Art. 57.-\. The Minister may. if he considers it in the 
public interest. grant a license under a patent. the contents 
of which shall be described precisely by him. to a person 
designated by him. Before giving his decision the Minister 
shall. unless this is incompatible with the urgency of the 
matter. ascertain whether the proprietor of the patent is 
\ETHERLANDS -Text 2-001. page 012 IPINI lINLDIP /l 
Page 13 
INDUSTRIAL PROPERTY 
LAWS AND TREATIES 
willing to grant the license voluntarily and on reasonable 
terms. To this end. he shall give the patent proprietor an 
opportunity to express his sentiments on the matter in 
writing and. at his request. also orally. The decision shall 
be accompanied by a statement of reason and shall be 
posted or hand-delivered to the proprietor of the patent 
and the licensee. In his decision. the Minister may impose 
upon the licensee the obligation to provide security within 
a certain time limit. The lodging of an appeal as referred 
to in Article 81 shall have staying effect. unless the deci­
sion of the Minister provides otherwise in view of the 
urgency of the matter. . 
2. If. after three years have elapsed since the grant of 
the patent. neither the proprietor of the patent nor any 
other person who has been granted a license operates an 
industrial establishment in the Kingdom or in another 
State to be designated by administrative order in which the 
product concerned is being made or where the process 
concerned is being applied in good faith and on a suffi­
cient scale. the patent proprietor shall be obliged to grant 
the license needed for operating such an establishment 
unless valid reasons are shown to exist for the absence of 
such an establishment. This obligation shall be effective 
against the proprietor of a European patent if. after three 
years have elapsed since the date on which the mention of 
the grant of the European patent was published in accor­
dance with Article 97(4) of the European Patent Conven­
tion. an industrial establishment as referred to above is not 
in operation in the Netherlands or in another State to be 
designated by administrative order. 
3. Paragraph (2) shall not apply if the patent proprietor 
or any other person who has been granted a license has an 
industrial establishment in operation in that part of the 
continental shelf contiguous to the Netherlands or Nether­
lands Antilles. or. wh~re a European patent is concerned, 
contiguous to the Netherlands in which the Kingdom has 
sover';:ign ri2hts. in which those acts referred to in that 
paragraph ar';: performed in good faith and on a sufficient 
scale. provided that such acts are associated with and 
performed during the exploration for or recovery of 
natural resources. 
4. The patent proprietor shall be obliged at any time to 
grant a license required for the working of a patent 
granted in respect of an application which has the same or 
a later date of filing or. where a right of priority exists for 
the application. the same or later priority date. insofar as 
the patent for which the license is requested represents a 
considerable advance:: the patent proprietor shall. 
however. only be obliged to grant a license required for 
the working of a European patent after the time limit for 
filing an opposition to the European patent has expired or 
after opposition proceedings thus instituted have been 
'According to the TRIPS Agreement: Ha considerable 
technical advance of considerable economic significance:' 
NL IP 1Nl lINLD/P 11 
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INDUSTRIAL PROPERTY 
AND COPYRIGHT -JULY/AUGUST 1995 
terminated. Such a license shall not extend further than is 
necessary for the application of the patented invention of 
the licensee. The latter shall be obliged to grant a recip­
rocal I icense under his patent [0 the proprietor of the other 
patent. 
Arr. 58.-1. If the license referred to in Article 57(2) 
or (4) is unjustifiably withheld. the license shall be granted 
by the court on a claim by the interested party. At the 
request of the claimant. the Office shall enter the writ in 
the patent register. 
2. If a patent is granted on the basis of this Act. the 
claimant's claim shall not be admitted if he does not 
append to his statement of claim the results of a report by 
the Office or the European Patent Office as referred to in 
the European Patent Convention concerning the state of 
the art with regard to the subject matter of the patent for 
which the license was claimed. 
3. The grant of a license claimed pursuant to Arti­
cle 57(4). first sentence. may be suspended with or 
without a time limit if. within two months after service of 
the writ in which the license is claimed. a claim for the 
invalidation of the patent for which the license is claimed 
has been submitted. 
4. In the specification of the license granted the court 
may derogate from the licensee's claims and can also 
require that the licensee provide security within a certain 
period. A license granted pursuant to Article 57(2) shall 
not be exclusive and shall not be transferable. even by 
sublicensing, otherwise than together with the part of the 
company in which the license is being worked. A license 
granted pursuant to Article 57(4), first or third sentence. 
shall not expire because the patent on which the license is 
granted has lapsed on expiry of the period referred to in 
Article 33(5) or Article 36(5) or has been successfully 
claimed. but shall expire where the patent is partially or 
entirely invalidated as a result of the claim referred to in 
the third paragraph. 
5. A decision as referred to in Article 57(1) or a court 
decision having become res judicara shall be entered in 
the patent register by the Office. If security is to be 
provided. the entry shall not be made before that require­
ment has been met. A fee, the amount of which shall be 
determined by administrative order. shall be due for the 
entry. The license shall only come into effect after the 
entry. but shall subsequently also have effect with regard 
to persons who became entitled to the patent after the 
entry in the register of the writ referred to in para­
graph (1). A registered license granted on the basis of 
Article 57(4) shall have retroactive effect to the date on 
which the writ was entered. 
6. On a claim by the most diligent party. in the 
absence of agreement. the court shall fix the remuneration 
that the licensee has to pay to the patent proprietor. The 
court may also require the licensee to provide security 
:--IL INDUSTRIAL PROPERTY 
LAWS AND TREATIES 
within a certain period. or confirm or change the security 
fixed by virtue of Article 57(1) or paragraph (5) of this 
Article. 
7. For the application of Article 57 and this Article to 
Community patents pursuant to Articles 45 to 47 of the 
Community Patent Convention. "a European patent" 
should read: a Community patent: in the fourth paragraph 
of this Article, "the period referred to in Article 33(5) or 
Article 36(5)" should read: the period referred to in 
Article 63 of the European Patent Convention. 
Art. 59.-1. In the interest of the defense of the 
Kingdom. and on a joint recommendation from the 
~inister directly concerned and the Minister. it may be 
provided by Royal Decree that the State shall be autho­
rized to perform or cause others to perform acts, to be 
described precisely in the Decree. which the proprietor,of 
a patent to be specified in said Decree has the exclusive 
right to perform. or cause others to perform. pursuant to 
Article 53. The authorization shall apply throughout the 
lifetime of the patent unless a shorter term has been speci­
fied in the Decree. 
2. Upon the entry into force of the Royal Decree, the 
~inister directly concerned shall determine, by agreement 
with the proprietor of the patent. the remuneration payable 
to the latter by the State. If the Minister directly concerned 
has not reached an agreement with the patent proprietor 
within six months from the date of the entry into force of 
said Decree, Article 58(6), with the exception of the provi­
sions concerning the deposit of security, shall apply 
muraris mutandis. 
3. In applying this Article to Community patents 
pursuant to Article 45 of the Community Patent Conven­
tion. in the first paragraph "acts ... which the proprietor of 
a patent to be specified in said Decree has the exclusive 
right to perform pursuant to Article 53" should read: acts 
... which the proprietor of a patent to be specified by 
Royal Decree may prohibit third parties from performing 
pursuant to Article 25 of the Community Patent Conven­
tion. 
Art. 60.-1. Without prejudice to Article 56(2), first 
sentence. a license may be created by: 
a. a decision of the Arbitration Committee referred to 
in Article 20 of the Treaty establishing the Euro­
pean Atomic Energy Community (EURATOM) 
(Trb. 1957. 92); 
b. a decision of the Minister pursuant to Article 21 of 
the aforementioned Treaty. 
2. With respect to a license obtained by a fmal deci­
sion as specified in paragraph (1 )(a), Article 56(2), second 
and third sentences. shall apply mutaris mutandis. 
NETHERLANDS -Text 2-001, page 013 INDUSTRIAL PROPERTY 
AND COPYRiGHT -JULYIIWGL'ST 1995 
3. With respect to a decision as referred to in para­
graph (I lIb), Article 58( I) and (4) and (5), first. second 
and third sentences. shall apply mutatis mutandis. With 
respect to a license granted by virtue of such a decision. 
Article 58(5), fourth sentence. and (6).shall apply mlltatis 
lIlutandis. 
4. A license as referred to in paragraph (I) shall not be 
effective in the Netherlands Antilles. 
Part 2 
Annual Fee alld Expiry of Patent 
Art. 61.-1. In order to maintain the patent. an amount 
to be specified by administrative order must be paid every 
year to the Office. staning in the fifth year after the date 
referred to in Article 29( I), on the last day of the month 
in which the application resulting in the grant of a patent 
was tiled or is deemed to have been filed pursuant to 
Article 28( 1 ). 
2. With regard to maintenance of a European patent. 
an annual fee as mentioned in paragraph (1) must be paid 
to the Office, starting after the year referred to in Arti­
cle 86(4) of the European Patent Convention has ended. 
on ·the last day of the month in which the tiling date. 
under Article 80 of the European Patent Convention, of 
the European patent application that resulted in the grant 
of the patent fell in accordance with Article 61 or 76 of 
that Convention. If the fee falls due for the first time 
within a period of two months from the date of publica­
tion of the mention of the grant of the European patent in 
accordance with Article 97(4) of the European Patent 
Convention. the fee may be paid on the last day of the 
month in which this period expires. 
3. For payments :lfter the due date an additional fee 
shall be due. the amount of which shall be set by adminis­
trative order. 
Art. 62. A patent shall expire. as of right. when the 
amounts referred to in Anicle 61 are not paid within six 
calendar months of the due date mentioned in said Anicle. 
Any such expiry shall be re.corded in the patent register of 
the Office. 
An. 63.-1. A patent shall expire. wholly or in part. if 
the patent proprietor surrenders it wholly or in part. 
2. Surrender shall occur by the registration of a deed 
to this effect in the patent register. The Office shall not 
register the deed as long as there are persons who, by 
virtue of documents entered in the patent register. have 
registered rights in the patent or have received licenses or 
have commenced legal proceedings concerning the patent. 
and these persons have not consented to the surrender. 
NETHERLANDS -Text 2-001. page 014 IP/N/I/NLD/P/I 
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INDUSTRIAL PROPERTY 
LAWS AND TREATIES 
Part 3 
The Patent as an Object of Property 
Art. 64.-1. The patent and the right to obtain a patent 
shall be assignable or otherwise transferable in full or joint 
ownership. 
2. The assignment and other transfer of the patent or 
of the right arising from the patent application may be the 
subject of an entry in the patent register. A fee to be set 
by administrative order shall be due for such an entry. 
Art. 65.-1. The submission required for the assignment 
of the patent or the rights arising from a patent application 
shall be effected by means of a deed containing a declara­
tion by the proprietor of the patent that he assigns the 
patent or the rights arising from the patent application to 
the assignee and a declaration of the assignee that he 
accepts the assignment. 
2. Any reservation relating to the assignment must be 
specified in the deed: in the absence of any such reserva­
tion. the assignment shall be deemed to be unrestricted. 
3. The assignment shall take effect vis-a.-vis third 
panies only aft~r an entry has been made concerning the 
deed in the patent register. Both parties shall be equally 
entitled to have the entry made in the register. 
4. Article 88 of Book 3 of the Civil Code of the 
Netherlands shall apply. 
Art. 66.-1. Where several persons are jointly entitled 
to the patent, their mutual relationship shall be governed 
by a mutual agreement between them_~ _. 
2. Where there is no agreement or where the agree­
ment does not provide oth~rwise. any person entitled to 
the patent shall have the right to perform the acts referred 
to in Article 53 and to take action in accordance with 
Articles 70 to 73 against any such act. as well as against 
acts referred to in Article 73(1) and (2) performed by a 
non-entitled person. but a license or consent as referred to 
in Article 73(2) may only be granted with the common 
consent of the persons entitled to the patent. 
3. With regard to the payment of the fee referred to in 
Article 61, the persons entitled to the patent shall be 
severally liable. 
Art. 67.-1. A pledge (see An. 3:227 of the Civil Code 
of the Netherlands) on a patent shall be established by a 
deed and shall be t:I lL'cll\': against third panies only when 
entered in the patent register. 
2. The pledgee shall be required. by means of a decla­
ration bearing his signature to be sent to the Office for 
registration. to elect domicile in The Hague. If domicile 
has not been elected in this wav. the Office shall be 
deemed to be the elected domicile .. 
NL IP INIl INLD/P 11 
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INDUSTRIAL PROPERTY 
AND COPYRIGHT -JULY/AUGUST 1995 
3. Stipulations in the deed of pledge concerning the 
licenses to be granted after registration shall take effect. 
also vis-a.-vis third panies. from their date of entry in the 
patent register. Stipulations concerning remuneration for 
licenses granted prior to registration shall take effect vis-a­
vis the licensee after he has been served with a writ. 
4. An entry of deeds from which it appears that the 
right of pledge has ceased to exist or has ceased to have 
effect shall be made in the patent register. 
Art. 68.-1. In the case of attachment of a patent. the 
writ of attachment shall be entered in the patent register 
and the provisions of the Code of Civil Procedure of the 
Netherlands concerning executory and conservatory attach­
ment of real property shall apply mucatis mutandis. subject 
to the condition that in the writ of attachment a deSCrip­
tion of the patent shall be included instead of the nature 
and location of the real property. 
2. Alienation. encumbrance. the placing under manage­
ment or the granting oi a license taking effect after regis­
tration of the writ of attachment may not be invoked 
against the attaching creditor. 
3. License fees not paid prior to the entry of the writ 
of attachment shall be included. as of right. in the attach­
ment of the patent after the licensee has been served with 
notice of the registered attachment. These fees must be 
paid to the notary on whose behalf the writ is served. 
provided that the licensee has been expressly notified 
hereof when being served with notice and subject to the 
rights of third panies which the notary must honor. Any 
money paid to the notary falls under the proceeds as 
referred to in Article 69(2). Articles 475i. 476 and 478 of 
the Code of Civil Procedure of the Netherlands shall apply 
mutatis mutandis. 
4. The registration of the writ of attachment may be 
cancelled: 
a. pursuant to a written declaration offered for regis­
tration by the bailiff that he is discontinuing the 
attachment on the instructions of the attaching cred­
itor. or that the attachment has expired: 
b. pursuant to a court decision offered for registration 
lifting the attachment or which establishes or 
involves the expiry of the attachment. 
5. Articles 504a. 507a. 538 to 540. 726(2) and 727 of 
the Code of Civil Procedure of the Netherlands shall apply 
mutatis mutandis to the attachment of a patent. 
Art. 69.-1. The sale of a patent by a pledgee or 
attaching creditor for the purposes of recovering a claim 
shall take place in public before a qualified notary. Arti­
cles 508. 509. 513(1). 514(2) and (3), 515 to 519 and 521 
to 529 of the Code oi Civil Procedure of the Netherlands 
apply mutatis mutandis. with the proviso that their provi­
sions concerning mortgages and mortgagees apply to the 
pledges on the patent and the pledgees. 
~L INDUSTRIAL PROPERTY 
LAWS AND TREATIES 
2. Articles 551 to 552 of the Code of Civil Procedure 
of the Netherlands shall apply mutatis mutandis to the 
distribution of the proceeds. 
Part 4 
Enforcement of the Patent 
Art. 70.-1. The proprietor of a patent may enforce his 
patent vis-a-vis any person who, without being entitled to 
do so. performs any of the acts referred to in Arti­
cle 53(1). 
2. The claim of the proprietor of a patent granted on 
the basis of this Act shall not be admissible in the propri­
etor's legal action if he does not submit the search report 
on the state of the art with regard to the subject matter of 
the patent as drawn up by the Office or by the European 
Patent Office as mentioned in the European Patent 
Convention as an appendix to the statement of claim and 
at the hearing of summary proceedings. 
3. Damages may be claimed only from a person who 
performs such acts in the knowledge that he has no right 
to do so. In any event. a person shall be deemed to have 
such knowledge if the infringement is committed after the 
expiry of 30 days following the service of a writ stating 
that the patent is violated by the acts performed. 
4. Besides a claim for damages. the proprietor of a 
patent may seek to have the defendant ordered to 
surrender any proftts derived from the infringement and to 
give an accounting of such profits; if the court determines, 
however, that the circumstances of the case do not justify 
such an order. it may order the defendant to pay damages. 
5. The proprietor of a patent may institLlte claims for 
damages or for the surrender of profits on behalf of 
himself and licensees or pledgees, or on behalf of 
licensees or pledgees only, without prejudice to the right 
of the latter panies to intervene in the claim brought by 
the proprietor of the patent. whether or not brought exclu­
sively or also on their behalf, in order to obtain direct 
compensation for their damages or in order to be awarded 
a proportional share of the profits to be surrendered by the 
defendant. Independent claims may only be brought by 
licensees and pledgees, and writs as referred to in para­
graph (3) may only be caused to be served with a view to 
such actions if they have been authorized by the proprietor 
of the patent. 
6. Where proceedings are brought for the enforcement 
of a patent relating to a process for the manufacture of a 
new product. it shall be assumed that the product in ques­
tion has been manufactured using the patented process 
unless the defendant can establish the plausibility of the 
contrarv. In the evaluation of whether or not a product is 
new. the terms of Article 4(3) and (4) shall not be taken 
into consideration. 
NETHERLANDS -Text 2-001. page 015 INDUSTRIAL PROPERTY 
AND COPYRIGHT -JULY/AUGUST 1995 
Art. 71.-1. Subject to the provisions of paragraph (4), 
the proprietor of a patent may demand reasonable compen­
sation from a person who. in the period between the regis­
tration of the application leading to the patent and the 
grant of the patent on that application or a divisional 
application pursuant to Article 28. has perfonned acts as 
referred to in Article 53(1). insofar as the patent proprietor 
has been granted exclusive rights for these acts. 
2. Subject to the provisions of paragraph (4). the 
proprietor of a patent may also demand reasonable 
compensation from any person who. after the grant of the 
patent as referred to in paragraph (I), has performed the 
acts referred to in that paragraph with regard to products 
that were put on the market during the period stipulated in 
that paragraph. The proprietor of the patent may demand 
similar compensation from any person who. after the grant 
of the patent. has used for the purposes of his business 
products as specified in Article 53(1 lea) or (b) that were 
manufactured in his business in the period referred to in 
paragraph (1 ). 
3. The compensation referred to in paragraphs (I) 
and (2) shall only be due for acts performed after the 
expiry of 30 days following the date on which the party 
concerned was informed. by means of a writ indicating 
precisely which part of the patent application relates to 
such acts. of the rights that belong to the proprietor of the 
patent by virtue of this Article. 
4. The rights that belong to the proprietor of a patent 
by virtue of this Article shall not extend to acts performed 
by a person entitled to do so by virtue of Article 55 or by 
agreement, nor shall it extend to acts with regard to prod­
ucts that were put on the market either prior to the regis­
tration of the patent application in question or thereafter 
by the applicant or a person entitled to do so as specified 
above. 
Art. 72.-1. The proprietor of a European patent may. 
subject to the provisions of paragraph (4), demand reason­
able compensation from any person who. in the period 
between the publication pursuant to Article 93 of the 
European Patent Convention of the application which has 
resulted in the grant of the patent and the publication. 
referred to in Article 97(4) of that Convention. of the 
mention of the grant of the European patent in respect of 
said application or in respect of a divisional application 
related thereto by virtue of Article 76 of said Convention. 
has performed acts as specified in Article 53(1) insofar as 
the proprietor of the patent has acquired the exclusive 
right thereto and such acts are within the scope of the last 
filed and published claims. 
2. Subject to the provisions of paragraph (4), the 
proprietor of a European patent may also demand reason­
able compensation from any person who. after the publica­
tion referred to in paragraph (I) of the mention of the 
grant of the European patent. has performed acts as 
NETHERLANDS -Text 2-001. page 016 JP IN /1/NLDIP 11 
Page 17 
INDUSTRIAL PROPERTY 
LAWS AND TREATIES 
referred to in that paragraph with regard to products that 
were put on the market during the period stipulated in that 
paragraph. The proprietor of the patent may demand 
similar compensation from any person who, after the 
publication referred to in paragraph (I), has used for his 
business products as specified in Article 53(1)(a) or (b) 
that were manufactured in his business in the period 
referred to in paragraph (l). 
3. The compensation referred to in paragraphs (l) 
and (2) shall only be due for acts performed after the 
expiry of 30 days following the date on which the party 
concerned was informed by means of a writ of the right to 
which the proprietor of the patent is entitled by virrue of 
this Article. This writ, indicating precisely which part of 
the patent application relates to such acts. shall be accom­
panied by the notification of a translation into Dutch of 
the claims as contained in the publication of the European 
patent application in accordance with Article 93 of the 
European Patent Convention. If such translation was sent 
to the Office prior to the serving of the writ and an entry 
made in the patent register regarding it, notification of the 
translation may be omitted. provided that the writ makes a 
mention of the entry in the patent register. 
4. The right that belongs to the proprietor of a patent 
by virtue of this Article shall not extend to acts performed 
by a person entitled to do so by virtue of Article 55 or an 
agreement. nor shall it extend to acts with regard to prod­
ucts that were put on the market either prior to the publi­
cation of the application under paragraph (I) in accor­
dance with Article 93 of the European Patent Convention. 
or thereafter by the applicant or a person entitled to do so 
as specified above. 
5. The Office shall provide as soon as possible for the 
entry in the patent register specified in paragraph (3). 
6. Paragraphs (3) and (5) shall apply muratis mutandis 
with respect to claims for payments of reasonable compen­
sation as provided in Article 32( I) of the Community 
Patent Convention. 
Art. 73.-1. The proprietor of the patent may instiTUte 
the claims at his disposal in enforcing his patent against 
any person who. in the Netherlands or Netherlands 
Antilles or. where a European patent is concerned, in the 
Netherlands. supplies or delivers to or for his business, in 
respect of an essential part of the invention. to persons 
other than those who by virtue of Articles 55 to 60 are 
empowered to work the patented invention. the means for 
the application of the patented invention in the Nether­
lands or Netherlands Antilles. or where a European patent 
is concerned, in the Netherlands. provided that that person 
knows. or that it is evident considering the circumstances, 
that those means are suitable and intended for that applica­
tion. 
2. Paragraph (1) shall not apply if the supply or 
delivery takes place with the consent of the proprietor of 
NL IP/N/lINLD/P/1 
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INDUSTRIAL PROPERTY 
AND COPYRIGHT -JULY/AUGUST 1995 
the patent. That paragraph shall likewise not apply if the 
means delivered or offered are products which are gener­
ally available in commerce. unless the person involved 
incites the third pany to whom he delivers to perform acts 
specified in Article 53( I). 
3. Article 70(5) shall apply mucacis murandis. 
Arc. 74. The rights and obligations arising out of Arti­
cles 53 to 60 and 64 to 73 shall also apply in. on and 
above that pan of the continental shelf contiguous to the 
Netherlands or the Netherlands Antilles-or. where a Euro­
pean patent is concerned. contiguous to the Nether­
lands-over which the Kingdom has sovereign rights. but 
exclusively to the extent that such acts are associated with 
and are performed during exploration for or the recovery 
of natural resources. 
Chapter 5 
Invalidation and Claiming Entitlem~nt 
to the Patent 
Arc. 75.-1. A patent shall be invalidated by the court 
where: 
a. that for which the patent has been granted was 
unpatentable by vinue of the provisions of Arti­
cles 2 to 7 or. where a European patent is 
concerned. by vinue of the provisions of Anicles 
52 to 57 of the European Patent Convention: 
b. the patent specification does not contaill a descrip­
tion of the invention which. in appropriate cases 
with the application of Anicle 25(2). is sufficiently 
clear and complete to allow a person skilled in the 
an to work the invention: 
c. the subject matter of the patent extends beyond the 
contents of the patent application as filed or by the 
contents of the original patent application if the 
patent has been granted on a divisional or amended 
application or on a new European patent application 
filed pursuant to Anicle 61 of the European Patent 
Convention: 
d. after the grant of the patent. the scope of protection 
has been extended: 
e. the proprietor of the patent was nO! entitled to it 
either by vinue of the provisions of Chapter 1 of 
this Act or. where a European patent is concerned. 
by virtue of Anicle 60( 1) of the European Patent 
Convention. 
2. For the purposes of paragraph (1 )(a). the state of the 
an referred to in Article 54(3) of the European Patent 
Convention shall also include the contents of patent appli­
cations under this Act which were iiled on a date prior to 
the date of filing of the European patent application to 
which that paragraph applies and which were entered in 
the patent register pursuant to Article 31 on or after that 
date. 
:--lL INDUSTRIAL PROPERTY 
LAWS AND TREATIES 
3. Invalidation proceedings may be instituted under 
paragraph (l)(a) 10 (d) by any person. and under para­
graph (I )(e) by a person who is entitled to the patent by 
vinue of the provisions specified therein. If the latter has 
been granted a patent for the relevant invention. the invali­
dation proceedings may also be instituted by licensees and 
pledgees. 
4. The writ shall be recorded in the patent register 
within eight days of its date of issue. Where the entry is 
not made in due time. the claimant shall be obliged to pay 
compensation for damages sustained by any persons who. 
after expiry of the time limit and prior to the making of 
the entry. acquired in good faith rights affected by the 
invalidation. 
5. A patent shall be deemed from the outset not to 
have had all or some of the effects specified in Ani­
cles 53. 71. 72 and 73 where the patent has been wholly 
or partially invalidated. 
6. The retroactive effect of the invalidation shall not 
extend to: 
a. a decision. nO! being a provisional measure. relating 
to acts infringing the exclusive right of the propri­
etor of the patent referred to in Anicle 53 or 
relating to acts referred to in Articles 71. 72 and 73 
which have become res judicata and have been 
enforced prior to the invalidation: 
b. any agreement concluded prior to the invalidation 
insofar as it has been implemented prior to the 
invalidation: on grounds of equity, repayment of 
sums paid under the agreement may be claimed to 
the extent justified by the circumstances. 
7. For the purposes of paragraph (6)(b). the conclusion 
of an agreement shall also be deemed to include a license 
created in another manner provided for in Article 56(2). 
59 or 60. 
8. Where a patent is invalidated on the grounds of 
paragraph (I )(e). and the person who is entitled to the 
patent by vinue of the provisions referred to therein has 
obtained a patent for the relevant invention himself. 
licenses acquired in good faith in respect of the invali­
dated patent prior to the date on which the writ of invali­
dation was recorded in the re!!ister shall be deemed to be 
licenses under the existing p;tent. The proprietor of said 
patent shall be entitled pursuant to Article 56(3) to the 
fees due for the licenses. The proprietor of the invalidated 
patent who acted in good faith when filing his application 
or who obtained the patent in good faith from a previous 
proprietor prior to the date on which the writ of invalida­
tion was registered shall. in relation to the subsisting 
patent. continue to have the right to work the invention in 
the manner specified in Article 55. 
9. As soon as a decision in invalidation proceedings 
has become res judicara or the proceedings have lapsed. 
an entry to this effect shall be made in the patent register 
at the request of the most diligent party. 
~ETHERLANDS -Text 2-00!. page 017 INDUSTRIAL PROPERTY 
AND COPYRIGHT -JULY/AUGUST 1995 
Art. 76.-\. The action of a pany seeking invalidation 
pursuant to Article 75 of a patent issued pursuant 10 this 
Act shall not be entertained if the party does not append 
to his statement of claim the results of an advisory report 
by the Office concerning the applicability of the grounds 
for invalidation as indicated in Article 75(1). 
2. The president of the District Court referred to in 
Article SO(2) may. in a summary proceeding. require any 
person arguing that a patent granted pursuant to this Act 
should be invalidated to submit an advisory report by the 
Office concerning the applicability of the grounds of 
invalidation as indicated in Article 75( 1). 
Art. 77.-\. Where a patent granted under this Act 
relates to an invention in respect of which a European 
patent or Community patent has been granted to the same 
inventor or his successor in title. and where the dates of 
filing or. as the case may be. the priority dates of the 
patent applications concerned are the same. the former 
patent. insofar as it protects the same invention as the 
European patent or the Community patent. shall cease to 
have the effects specified in Articles 53. 71 and 73 in the 
Netherlands as from the date on which: 
a. the time limit laid down for filing notice of opposi­
tion to the European patent has explred without 
notice of opposition having been filed: 
b. the opposition procedure has been concluded. 
resulting in maintenance of the European patent: or 
c. the patent has been granted under this Act. if that 
date is later than the date referred to in subpara­
graph (a) or (b). as the case may be. 
'J The expiry. for whatever reason. of the European 
patent or the Community patent at a later date shall not 
affect the provisions of the preceding paragraph. 
3. Proceedings to ascertain loss of rights ::s referred to 
in paragraph ( 1) may be instituted by any person. 
4. Article 75(4), (S). first sentence. and (9) shall apply 
nlwatis mutandis. 
.-Irt. 78.-\. An action claiming entitlement to a patent 
in whole. in pan or in joint ownership may be instituted 
by any person who. under Articles 11. 12 or 13 or. where 
a European patent is concerned. under Article 60( I) of the 
European Patent Convention. is entitled to or is jointly 
entitled to the patent. 
2. The writ claiming entitlement must be entered in the 
patent register. 
3. The proprietor of a patent who acted in good faith 
when filing his application. or who obtained the-patent in 
good faith from a previous proprietor prior to the date on 
which the writ claiming entitlement was registered. shall 
continue. vis-a-vis the n~ew proprietor. to ha;e the right to 
work the invention in the manner specified in Article 55. 
~ETHERLANDS- Text 2-001. page OIR JP IN I lINLD/P 11 
Page 19 
INDUSTRIAL PROPERTY 
LAWS AND TREATIES 
4. Licenses obtained in good faith prior to the registra­
tion date shall continue to have effect vis-a.-vis the new 
proprietor of the patent: the latter shall be entitled to 
compensation due for licenses pursuant to the provisions 
of Article 56(3). 
5. The provisions of paragraphs (3) and (4) shaH not 
be applicable if the person who has successfully claimed 
entitlement to the patent previously claimed entitlement by 
filing a patent application himself and the writ claiming 
entitlement was entered in the patent register within three 
months from the date on which the patent was granted or, 
where a European patent is concerned. from the date on 
which. pursuant to Article 97(4) of the European Patent 
Convention. the mention of the grant of the European 
patent was published. 
6. Pledges established by a previous proprietor of the 
patent shall only be binding on the new proprietor of the 
patent if the rights were acquired in good faith and the 
pledge was established before the date on which the writ 
claiming entitlement was registered. They shall not be 
binding on the new proprietor in the event referred to in 
the preceding paragraph. 
7. The claim referred to in paragraph (!) shall lapse 
upon expiry of a period of two years from the date on 
which the patent was granted or. where a European patent 
is concerned. from the date on which. pursuant to Arti­
cle 97(4) of the European Patent Convention. the mention 
of the grant of the European patent was published; such 
statute-barring may not. however. be invoked by a person 
who knew or ought to have known at the time of 
acquiring the patent that he. or the person who assigned 
the patent to him. was not entitled to it. Article 2006 of 
the Civil Code of the Netherlands Antilles shall not apply 
to this limitation. 
8. As soon as a decision on a claim to entitlement has 
become res judicata or the proceedings have lapsed. an 
entry to this effect shall be made in the patent register at 
the request of the most diligent party. 
Art. 79.-1. Any person who deliberately infringes the 
rights of the patent proprietor by performing one of the 
acts specified in Article 53(1) shall be punished with 
imprisonment for no more than six months or a fine of the 
fourth category. 
2. Any person who makes a profession or a business 
of criminal acts as referred to in the preceding paragraph 
shall be punished with imprisonment for no more than 
four years or a fine of the fifth category. 
3. The court may order publication of the judgment on 
sentencing. 
4. If any objects have been declared forfeit. the patent 
proprietor may require that these objects be surrendered to 
him. provided that he reports this to the clerk within a 
month of the judgment having become res judicata. Such 
NL IP/N/lINLDlPll 
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INDUSTRIAL PROPERTY 
AND COPYRIGHT -JULY/AUGUST 1995 
surrender shall confer title to these objects on the patent 
proprietor. The court may declare that the surrender shall 
not take place or shall take place only after compensation. 
to be set by the court and paid by the patent proprietor. 
has been paid to the State. 
5. The criminal acts referred to in this Article shall be 
misdemeanors. In the Netherlands. the hearing of such 
misdemeanors in the first instance shall be exclusively 
within the jurisdiction of the District Court of The Hague. 
Chapter 6 
Disputes Concerning Patent Rights 
Art. 80.-1. The District Court of The Hague shall have 
exclusive jurisdiction in the first instance for: 
a. actions to determine the absence of legal effect. the 
invalidation. or the loss of legal effect of a patent 
or to determine claims to entitlement to a patent as 
referred to in Articles 10, 75, 77 and 78; 
b. actions claiming entitlement to European patent 
applications: 
c. actions seeking the grant of licenses as referred to 
in paragraph (I) of Article 58; 
d. actions seeking the award of remuneration as 
referred to in Articles 58. 59 and 60. 
2. The District Court of The Hague. and the President 
of that Court in summary proceedings, shall have exclu­
sive first-instance jurisdiction in the Netherlands with 
respect to: 
a. actions referred to in Articles 70, 71. 72 and 73: 
b. actions instituted by some person other than the 
proprietor of the patent to obtain a ruling that 
certain acts performed by him do not constitute 
infringement of a patent. 
Art. 81.-1. Any person directly affected by a decision 
issued by virtue of this Act or provisions thereunder may 
appeal within one month of the issue of the decision 
concerned to the Court specified in Article 80. Arti­
cle 4(4), second and third sentences. of the Act 
Concerning Administrative Jurisdiction (Stb. 1954. 416) 
shall apply. 
2. The Court may annul a decision referred to in para­
graph (I), and decide on the consequences of the annul­
ment in its judgment. The Court may rule that the Office 
or the Minister shall make. repeal or amend a decision in 
accordance with the judgment or shall take or refrain from 
action. 
Art. 82. Authorized representatives shall be permitted 
to plead on behalf of the parties in the hearing of the 
disputes referred to in Articles 80 and 81 without preju­
dice to the responsibility of counsel. 
:-iL INDUSTRIAL PROPERTY 
LAWS AND TREATIES 
Art. 83.-1. All disputes other than those specified in 
Articles 80 and 81 shall be brought before the court which 
has jurisdiction under the gen~ral rules governing the 
administration of justice. 
2. Proceedings instituted under the provisions of 
Article 12(6) shall be deemed to be proceedings relating to 
a contract of employment except where legal relationship 
between those involved is not determined by such a 
contract. 
3. Where it appears to the court that a decision on a 
matter in dispute may be affected by proceedings insti­
tuted or possibly to be instituted under Articles 10, 75, 77 
or 78, the court may stay the proceedings relating to the 
matter in dispute, with or without setting a time limit. The 
court may also so act where a decision relating to such 
proceedings may be affected by proceedings instituted on 
different grounds. 
4. The court may stay proceedings relating to a dispute 
in respect of a European patent. with or without setting a 
time limit, where notice has been given to the European 
Patent Office of opposition to that patent by virtue of 
Article 99 of the European Patent Convention. 
Art. 84.-1. Any person may request the Office in 
writing to provide an advisory report on the applicability 
of the grounds for invalidation specified in Article 75(1) 
to a patent granted on the basis of this Act. 
2. The request shall contain a reasoned indication of 
the objections derived from Article 75(1) to the granted 
patent concerning which an advisory report is requested. 
3. Rules concerning the fee to be paid for an advisory 
report shall be enacted by administrative order. 
Art. 85.-1. The Office shall give the petitioner indi­
cated in Article 84 the opportunity to explain the objec­
tions made. The proprietor of the patent concerned shall 
be given the opportunity to respond to the objections at 
least once. 
2. The Office is authorized to set time limits within 
which the petitioner and patent proprietor must make their 
submissions. 
3. The advisory report referred to in Article 84 shall 
be issued as soon as possible. but no more than two 
months after the Office has been informed of the views of 
the petitioner and the patent proprietor. or, if the preceding 
paragraph is applicable. within two months of the expira­
tion of the time limit set. 
Art. 86. The advisory report referred to in Article 84 
shall consist of a reasoned evaluation of the objections 
stated in the request. 
Arc. 87.-\. The Office shall be obliged to provide the 
court with all infonnation and technical advice that it may 
NETHERLANDS -Text 2-001. page 019 INDUSTRIAL PROPERTY 
AND COPYRIGHT -JULY/AUGUST 1995 
require for a decision in legal proceedings subject to its 
jurisdiction concerning patents. 
2. Advice as referred to in paragraph (I) shall be equal 
in value to that of experts as referred to in Article 221 of 
the Code of Civil Procedure. 
Art. 88. The Court referred to in Article 80 shall act as 
a central authority responsible for the receipt of letters 
rogatory and authorized to act on such letters from the 
European Patent Office. referred to in Article 99 of the 
Implementing Regulations to the European Patent Conven­
tion. 
Art. 89. A separate copy of all court decisions 
rendered in patent matters shall be sent free of charge to 
the Office within one month by the clerk of the court 
which has rendered the judgment and. where a European 
patent is involved. also to the European Patent Office 
referred to in the European Patent Convention. 
Chapter 7 
Supplementary Protection Certificates 
Art. 90. For the purposes of this Chapter. with the 
exception of Article 98 and the provisions based on it: 
"Regulation" means Council Regulation (EEC) No. 
1768/92 of June 18. 1992. Concerning the Creation of a 
Supplementary Protection Certificate for Medicinal Prod­
ucts (PbEG L 182); 
"basic patent" means a patent as indicated in Arti­
cle l(c) of the Regulation: 
"certificate" means a supplementary protection certifi­
cate as indicated in Article I (d) of the Regulation. 
Art. 9/. The application for a certiticate shall be filed 
at the Office. 
Art. 92. Upon application for a certificate. proof must 
be provided that an amount. in accordance with a tariff to 
be set by decree. has been paid to the Office. 
Art. 93. With reference to applications for a certificate. 
Articles 24(3), 26 and 38( I) of this Act shall apply mlltaris 
11lwandis. 
Art. 94. If the provisions of Article 8 of the Regulation 
or Articles 92 and 93 of this Act are not satisfied. the 
Office shall so inform the applicant in writing within one 
month of the filing of the application for a certificate. 
stating the requirements which have not been met. Arti­
cle 30(2) shall apply mwaris murandis. 
Art. 95. In order to maintain a certiticate in force. an 
:lmount to be set by decree shall be paid to the Office 
each year as from the year in which the legal term of the 
:-';ETHERLANDS -Text 2-00 I. page 020 IP/N/lINLD/P/1 
Page 21 
INDUSTRIAL PROPERTY 
LAWS AND TREATIES 
basic patent has expired. This amount shall be paid no 
later than on the last day of the month in which the legal 
term of the basic patent has expired. Articles 61(3) and 62 
of this Act shall apply mutatis mutandis. 
Arc. 96.-1. The notifications required by Articles 9(2), 
11 and 16 of the Regulation shall be placed in the publica­
tion specified in Article 20 of this Act. 
2. The Office shall record the information specified in 
Articles 9(2). 11 and 16 of the Regulation in the patent 
register. 
Art. 97. Articles 64 to 69 inclusive shall apply to 
certificates mutatis mutandis. 
Art. 98. If a regulation other than that established by 
the Council of the European Communities concerning 
supplementary protection certificates mentioned in Ani­
cle 90 is required in the interest of proper implementation. 
it shall take place by administrative order. This can 
provide for fees. insofar as is permitted under the regula­
tion concerned. 
Chapter 8 
Special Provisions for the 
Netherlands Antilles 
Art. 99. An industrial property office may be estab­
lished in the Netherlands Antilles. That office shall be an 
institution of the country. 
Art. 100.-\' Patent applications may be filed by resi­
dents of the Netherlands Antilles at the industrial propeny 
office established there. 
2. The date of filing of the application shall be deemed 
to be the date upon which the documents indicated in 
Article 29( I )(a), tb) and (c) are tiled at the office 
concerned. Article 29(2) and (3) shall apply mutatis 
mutandis. 
3. After the office concerned has recorded the date 
referred to in paragraph (2) on the application. it shall 
send the application with all documents filed to the Office 
referred [0 in Article I as soon as possible. unless it is of 
the opinion that the filing does not meet the requirements 
specified in or by virtue of Articles 24 and 26. 
4. In the event referred to in paragraph (3), the office 
shall inform the applicant of the alleged deficiencies in 
writing. with the request that he remedy these deficiencies 
within a time limit to be set by the office. After expiry of 
that time limit. and regardless of whether or not the 
request has been fulfill~d. the documents filed by the 
applicant. accompanied by a copy of the receipt issued to 
him. shall be sent by the office concerned to the Office 
referred [0 in Article I as soon as possible. 
NL IP IN I lINLDIP 11 
Page 22 
INDUSTRIAL PROPERTY 
AND COPYRIGHT -JULY/AUGUST 1995 
Chapter 9 
Transitional and Final Provisions 
Art. 101. The Patents Act of the Kingdom (last 
amended in 19873) is repealed with effect from a time to 
be set by Royal Decree. 
Art. 102 .-I.a. Patent applications filed prior to the 
entry into force of this Act and divisional patent applica­
tions arising from these applications. 
b. patents granted on the applications referred to in (a). 
above. and 
c. licenses under the patents referred to in (b), above. 
shall be govemed exclusively by the provisions of the 
1987 Act and provisions thereunder. 
2.a. Patent applications filed after the entry into force 
of this Act. with the exception of the divisional patent 
applications referred to in paragraph (1 )(a). 
b. patents granted on the applications referred to in (a), 
above. and 
c. licenses under the patents referred to in (b). above. 
shall be govemed exclusively by the provisions of this Act 
and provisions thereunder. 
3. This Act shall not apply to applications for certifi­
cates as referred to in Article 90 filed at the Office prior 
to the date upon which this Act enters into force. 
4. Articles 95 and 97 shall also apply to certificates 
granted on applications filed prior to the date upon which 
this Act enters into force. 
Art. 103.-1. European patents the mention of the grant 
of which has been published in accordance with Arti­
cle 97(4) of the European Patent Convention prior to the 
entry into force of this Act. and licenses under these 
patents. shall be governed exclusively by the provisions of 
the 1987 Act and provisions thereunder. 
2. European patents the mention of the grant of which 
has been published in accordance with Article 97(4) of the 
European Patent Convention after the entry il1to force of 
this Act. and licenses under these patents. shall be 
governed exclusively by the provisions of t!lis Act and 
provisions thereunder. 
Art. 104. Article 17 A of the 1987 Act is amended as 
follows: 
I. In the first paragraph. "If the applicant" is replaced 
by: If the applicant or patent proprietor or the proprietor 
of a Europem patent. 
2. In the second paragraph. "payment. admissible after 
the due date, that has not been effected punctually." is 
deleted. 
J Referred to as the 1987 Act. 
~L ~US~PROPERTY 
LAWS AND TREATIES 
3. In the third paragraph. "or. if it concerns a Euro­
pean patent. within the Netherlands" is added after 
"Kingdom" and in the sixth paragraph. "or has been main­
tained" is added after "has been granted". 
Art. 105. Article 22K. paragraph (l). of the 1987 Act 
shall read: 
1. An application shall lapse if a request as referred 
to in Article 22J is not filed within one year of the 
entry into force of the 1995 Act. 
Art. 106. Article 29Q of the 1987 Act is repealed. 
Art. 107. In Article 54 of the 1987 Act, a new para­
graph (3) is inserted after paragraph (2) and the former 
paragraph (3) is renumbered (4). said new paragraph (3) 
reading as follows: 
3. Authorized representatives may plead on behalf 
of parties in proceedings for the settlement of the 
disputes referred to in paragraphs (1) and (2), without 
prejudice to the responsibility of counsel. 
Art. 108.-1. By derogation from Article i02(1)(c), 
with respect to licenses. Articles 57(2) to (4) and 58 of 
this Act shall replace Article 34(2) to (9) of the 1987 Act. 
2. If. prior to the entry into force of this Act. a request 
is made for the grant of a license in accordance with 
Article 34(5) of the 1987 Act. the first paragraph shall not 
apply. 
Art. 109. The state of the art, referred to in Article 4, 
shall also comprise the contents'"~of patent applications 
filed before the entry into force of this Act. which are laid 
open to public inspection in accordance with Article 22C 
of the 1987 Act or which. if they were not laid open to 
public inspection. are published. in accordance with 
Article 25 of the 1987 Act, on or after the date referred to 
in Article 4(2). 
Art. 110. If the matters provided for in this Act require 
further regulation in the interest of the proper implementa­
tion thereof, this may take place by administrative order. 
Art. 111. This Act shall enter into force at a time to be 
set by Royal Decree. which may differ for the various arti­
cles or parts thereof. 
Art. 112. This Act is to be referred to as the Patents 
Act of the Kingdom with the mention of the year of the 
Official Gazette in which it has been published. 
Art. 113.-1. This Act shall be binding on the Nether­
lands and. with the exception of Chapter 7. on the Nether­
lands Antilles. 
NETHERLANDS- Text 2-001. page 021 INDUSTRIAL PROPERTY 
AND COPYRIGHT -JULY/AUGUST 1995 
2. This Act is binding on Aruba only with respect to 
Articles 40 to 45, 59, 101, 102(1), 105, 108, 111 and 114. 
For the application of Articles 40 to 45 in Aruba. 
"Office" shall be defined as the Office for Intellectual 
Property of Aruba. 
Art. 114. The common regulations provided for in this 
Act may be ended by Act in the Netherlands and by local 
~ETHERLANDS -Text 2-001, page 022 IP/N/lINLD/PIl 
Page 23 
INDUSTRIAL PROPERTY 
LAWS AND TREATIES 
enactment in the Netherlands Antilles and Aruba. With 
effect from the third calendar year following the year in 
which such an Act or local enactment is published, this 
shall acquire the status of a national Act in the Nether­
lands and of a local enactment in the Netherlands Antilles. 
The provisions of the previous sentences shall not apply to 
Articles 40 to 45 and Article 59. 
NL IP/N/I/NLD/P/l 
Page 24 
Act of the Realm of 14 December 1995, aligning the Patents Act of the Realm 1995 with the World 
Trade Organisation Treaty, concluded in Marrakech on 15 April 1994 (with annexes 1,2 and 3) and 
amending the Patents Act of the Realm 1987. 
Article I 
In Article 17 A (6) of the Patents Act of the Realm "or. where a European patent is concerned, within 
the Netherlands" shall be inserted after "within the Kingdom", and "or has been maintened" shall be 
inserted after "for which a patent has been granted as a result of that restoration". 
Article Il 
The Patents Act of the Realm 1995 shall be amended as follows: 
A 
In Article 9 (l) "or party to the World Trade Organisation" shall be inserted after "in any of the 
countries party to the International Union for the Protection ofIndustrial Property". 
B 
In Article 26 "in the Netherlands" shall be deleted. 
c 
Article 28 shall be amended as follows: 
1. In paragraph (1) "32 (1)" shall be replaced by "32(2)". 
2. Paragraphs (4) and (5) shall be replaced by a new paragraph (4) reading: 
D 4. The division or amendment may be made until such time as the patent application is 
to be entered in the patent register, provided that for the applicant, who has requested 
a search of the state of the art referred to in Article 32, a time limit of at least two 
months is avaible after dispatch of the notice referred to in Article 34(4). At the 
request of the applicant, the Office may extend the latter time limit to four months 
after dispatch of the notice referred to in Article 34(4). 
-(This amendment only concerns the Dutch text.) 
E 
-(These amendments only concern the Dutch text.) 
F 
In Article 32(2) "the date of filing of the original application provided for in Article 29(1)" shall be 
replaced by" the date of filing or priority referred to in paragraph (1)". 
DS/96.013 G IP IN/lINLDIP 11 
Page 25 
In Article 33( I), "the time limit stipulated in Article 32( 1)" shall be replaced by "the time limit 
stipulated in Article 32(1) or (2). 
H 
-(These amendments only concern the Dutch text.) 
In Article 37(4) "applicant" shall be replaced by "proprietor of a patent". 
J 
Article 48(5) shall be amended as follows: 
1. "32( I)" shall be deleted. 
2. A new sentence shall be added, reading: 
K Contrary to Article 32(1) and (2), a request for a search of the state of the art, prior to the grant 
of a patent, with regard to the subject matter of a converted application or its divisional 
application, may be filed within of two months after the date noted on the converted application 
pursuant to Article 48(1), respectively two months after the filing date of the divisional 
application. 
Article 57 shall be amended as follows: 
1. In the last sentence of paragraph (I) "The lodging of an appeal as referred to in Article 81" 
shall be replaced by "The lodging of an appeal at the Office or an appeal to the judge". 
2. In paragraph 4 "in so far as the patent for which the license is requested represents a 
considerable advance" shall be replaced by " insofar as the patent for which the license is 
requested involves an important technical advance of considerable economic significance". 
L 
After Article 57 a new Article shall be inserted, reading: 
Article 57a 
Contrary to Article 57, an involontary license under a patent in the field of semi-conductor 
technology may only be granted for public non-commercial use or to remedy a practice detennined 
after judicial or administrative process to be anti-competitive. 
DSl96.013 JP IN I lINLD/P 11 
Page 26 
M 
Article 58(4), second sentence, shall read as follows: 
A license granted pursuant to Article 57(4), first sentence, shall only be transferable together with the 
patent of the licensee. 
N 
After Article 58, a new Article shall be inserted, reading: 
Article 58a 
1. A license granted pursuant to Article 57 shall not be exclusive. 
2. A license granted pursuant to Article 57 shall not be transferable other than together with the 
part of the company or the goodwill of the pan of the company in which the license is being 
worked. 
3. A license granted pursuant to Article 57 may be revoked when, taking into account a 
reasonable protection of the licensee's justified interests, the circumstances which led to the 
grant of the license, no longer exist and it is unlikely that the circumstances will exist again. 
Upon a reasoned request, the authority which granted the license shall examine the continued 
existence of the said circumstances. 
o 
In Article 61 (2) "but only as from the fifth year after the filing date referred to in Article 80 of the 
European Patent Convention" shall be inserted after "starting after the year referred to in Article 86(4) 
of the European Patent Convention has ended," 
p 
In Article 70 a new paragraph shall be inserted, reading: 
The proprietor ofa patent is entitled to claim that movable property with which his rights have been 
infringed, be withdrawn from the market, destroyed or made unfit for use, and to claim that material 
and machinery, which mainly have been used for the production of said property, be withdrawn from 
the market. For the assessment of the claim, the nature of the infringement, the measures requested 
and the interests of third parties shall be balanced against each other. 
(The present paragraph 6 will be paragraph 7.) 
Q 
In Article 54 "within four weeks" shall be replaced by "within two months". 
R 
In Article 100(3) "the Articles 24 and 26" shall be replaced by "Article 24". 
OS/96.013 s 
Article 108(1) shall read as follows: IP/N/lINLD/P/l 
Page 27 
1. Contrary to Articles 102(I)(c) and 103(1), Articles 57, 57a, 58 and 58a of this Act of the Realm 
shall apply with respect to licenses, in stead of Article 34 of the Patents Act of the Realm 1987. 
T 
In Article 109 "referred to in Article 4" shall be replaced by "referred to in Articles 4 and 75(2)" and 
"the date referred to in Article 4(2)" by "the date referred to in Article 4(2) of this Act or in Article 80 
of the European Patent Convention". 
u 
The first sentence of Article 113(2) shall read as follows: 
This Act is binding for Aruba only with respect to Articles 40 to 45,59, 101, 102(1), 104 to 108, III 
and 114. 
DS/96.013