Linguistically, there's no difference between an octrooi and a patent. Both mean the same thing: the exclusive right to an invention. "Patent" is the international term, and octrooi is the Dutch one.
In substance, though, there is a difference. Patent law is largely set at national or regional level, so what you get varies by country. This blog explains both differences.
Linguistically: patent or octrooi?
In everyday Dutch, the two words are used interchangeably. As a patent attorney, I always say octrooi when speaking Dutch, because that's the official Dutch term.
The word patent is derived from Latin and means 'open' or 'open letter'. It is used in English-speaking countries and in Germany, among other places. So octrooi is simply another word for patent.
Why do both terms circulate in the Netherlands? English is dominant, laws have internationalised and business has globalised, so "patent" has gradually crept into Dutch.
To complicate things further, the French use neither word. They say brevet. The different terms reflect European diversity, though thankfully they rarely cause confusion.
Substantive difference: patent vs octrooi
So when is an octrooi not the same as a patent? Despite globalisation, patent law is still mostly national or regional, so requirements, procedures and costs vary between countries. Three differences stand out.
- Secrecy
- Registration model
- Costs of applying for a patent
1. Secrecy before filing
In the Netherlands, an invention has to be novel for a patent to hold any value. That's a strict condition. Your invention can't have been published online or in print, or shown in a presentation or lecture. It has to stay unseen and undisclosed until you file.
Secrecy is an absolute requirement in most countries. But the United States, Canada, Japan and Australia all give you a one-year grace period after publication. File within that year and the publication won't count against your application.
2. The Dutch registration model
The Netherlands uses a registration model. Every patent application is granted and registered, and only later, in court for example, does anyone examine whether the patent should have been granted at all.
That's unusual internationally. Most countries check first whether the invention meets the criteria of novelty, inventive step and industrial applicability. Only then is a patent granted.
3. Cost
Costs vary widely between countries, and some are considerably more expensive than others. Each country sets its own fees for things like a search report or a request for examination.
So is an octrooi a patent?
It is and it isn't. The words mean the same, but the rights behind them depend entirely on where you file. Every country has its own rules, just as every patent firm has its own way of guiding you through them.
