Patent law is complex, but we want our clients to understand what we’re doing for them. So explaining is a big part of our job. Anyone can ask us a question by email or through the chat on our website, and we’ll reply within one working day. Here are the questions we hear most, with answers.
1. When can I apply for a patent? What is the point of protecting my invention with a patent?
You can apply for a patent on a technical invention that is new and not obvious. Many inventors I speak to set the bar too high. Think of the notch in a Dutch rusk: a small change, but a great invention!
With a patent, you can stop others from using your invention commercially. Many inventors think this means expensive court cases, long processes and piles of paperwork. But did you know that only a very small share of infringement disputes ever reach court?
A patent works as a deterrent. It puts copycats off. It rewards your development work and stops others from simply copying it. It strengthens your market position and gives you security for future investment. For start-ups, for example, investors often expect patent protection before they invest.
A patent can also give you a strategic advantage in other situations. So it’s worth considering a patent, especially as a letter to your competitor often solves an infringement. Always think about how a patent could strengthen your position. We’re happy to help.
2. I’ve seen something that hasn’t been patented. Can I patent it?
Unfortunately, the answer is usually no. You can only patent inventions that are new. If information about the innovation has already been published somewhere, it’s no longer new.
In that case you can’t protect it. But if it isn’t patented in the Netherlands, you’re still free to make and sell the product in the Netherlands.
If it’s your own invention, you may still have options for patent or design protection. Another approach is to develop an improvement on the existing product and protect that.
Read how to recognise an invention, or ask a patent attorney about your chances.
3. Is a patent worth it if I don’t apply worldwide and someone copies my innovation in China?
Applying for patents worldwide is rarely wise. Fortunately, it’s rarely necessary. That said, choosing your countries matters, and depends on several factors. You usually don’t have to decide straight away: the patent system lets you start small and add countries later. Read more about choosing your countries.
By the way, it’s a myth that China ignores patents. China now innovates heavily and patents those innovations. In 2025, China filed nearly 11% of all European patent applications, making it the third-largest source after the US and Germany. As a result, its patent system is getting stronger.
Being copied abroad isn’t always a problem, either. A patent covers selling your invention, not just making it. So protecting it in your own key markets and your competitors’ can be enough.
4. Patents are very expensive, aren't they? Is it really worth getting one?
The cost of a patent depends on your situation. Large companies often benefit from broad protection, with several patent applications and a mix of design and patent protection in many countries. But there are many other strategies. Protection can be worth it on a smaller budget too.
If the look of your invention matters, a design right could be a good option. For a technical innovation, the NL PCT route may suit you. It lets you secure your innovation quickly and cheaply. It also gives you time to choose your countries and research your market. Meanwhile, your innovation is protected.
A patent attorney can advise you on the right type of protection and route.
Can I register myself as a model at EP&C?
We’ll end with a lighter question we sometimes get. We regularly receive photos from aspiring models. In Dutch, a design right is called a ‘model right’, which explains the mix-up. So, a quick word on design rights.
A design right is a form of intellectual property. It protects the appearance of a newly designed product. Here, the ‘model’ isn’t someone hoping to walk the catwalk. It’s the outer design of a product. Apple, for example, makes extensive use of design rights.
Check whether your design qualifies for design protection.
Have a question that isn’t listed here? Get in touch.
