If you have initiated a PCT procedure via the World Intellectual Property Organization, you can only apply for a patent for the Netherlands via the regional phase (the European procedure).
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After completing the PCT procedure (this means before the end of the thirtieth month from the priority date) you will enter into the regional or the national phase in order to decide which countries you wish to establish patent rights.
You can legalize a European patent for the Netherlands and the Dutch Antilles by meeting the legal translation requirements. You can read about these requirements in the Patents Act 1995 and the corresponding Executory Decision.
The requirements for validating a European patent in the Netherlands are as follows:
You must submit a Dutch translation of the conclusions of a European patent to the Octrooicentrum Nederland (Dutch patents office) within three months of approval for a European patent.
If the language used for submission to the European Patents Office is not English, you will have to submit a translation of the description in English or Dutch.
You will have to pay a fee of 25 Euros for submitting the translation within three months.
If you do not submit a translation within the three months along with the fee of 25 Euros, your European patent will not be valid in the Netherlands or the Dutch Antilles. This time frame cannot be extended.
The London Agreement
The London Agreement simplifies the rules for translating European patents. This agreement reduces the costs for European patents. The agreement went into effect on 1 May 2008.
What are the advantages of the London Agreement?
If the patent approved by the European Patent Office is written in English, all you have to do is to submit a Dutch translation of the conclusions to the Dutch patent office.
Was your European patent approved in German or French? You will have to submit all other documents in English or Dutch along with the conclusions in Dutch.
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