The current Netherlands Patent Act (ROW) dates back to 1995. A lot has changed in technology and law since then. An update is long overdue. Did you know, for example, that the current law offers very little protection in our own North Sea? Yet a lot of innovation is happening there, from offshore wind farms to cables and pipelines.
PS. The enclosed image is generated with AI.
The current situation
Since 1995, the Netherlands has had a ‘registration patent’ system. Every application gets an official novelty search. The patent is then registered and published automatically, whatever the search finds. Only if a dispute reaches court does a judge check whether the invention is actually new and inventive. This saves the applicant money. The downside is real uncertainty about what a registration patent actually protects.
What’s changing
A new Netherlands Patent Act (NROW) is on its way. One of the main changes is the return of the ‘examined patent’. In future, a Dutch patent will only be granted if all legal requirements are met and the application has been fully examined for novelty and inventive step. A granted Dutch patent will once again give real certainty about its value.
The bill also extends Dutch patent protection to the offshore exclusive economic zone. It gives competitors simple ways to object to patents they think were wrongly granted. And it aims to make the grant procedure more user-friendly.
Online public consultation
The public consultation closed on 31 March 2025, and EP&C submitted a detailed response. In February 2026, the Dutch cabinet approved the bill. It now goes to the Council of State for advice, then to both houses of parliament. The new law is expected to take effect in 2028.
EP&C, represents many innovative companies in the Netherlands and therefore submitted a comprehensive response last week. We understand that an ‘examined patent’ can provide significantly more legal certainty. On the other hand, it must be said that we did not experience the current ‘registration patent’ as problematic. The result of the official novelty search already provides us with considerable insight into the validity of a patent. Furthermore, we welcome the increased opportunities to object against wrongly granted patents and the reinforcement of patent protection for inventions on them.
We also made some critical comments. For instance, we advocate avoiding duplication of work/costs. In our opinion, there should no simultaneous discussions with a Dutch and a European examiner. The solution to this can be found in the timing of the deadline within which the substantive review for the Netherlands has to be applied for.
I am very keen to find out more about your views on the Dutch patent system and would be happy to discuss them with you. If you have any questions, please don't hesitate to contact me.
Rudi Riemens writes a monthly blog for Goedemorgen Groente.
