Along with a few colleagues, I'm the first point of contact for people approaching EP&C, answering their questions about intellectual property. Most have already looked things up online before we speak.
There's plenty of information out there, but a few misconceptions persist. Here are the top three.
1. "I have a Dutch patent, so it's safe to enter the market"
Probably the biggest misconception in our profession. A Dutch patent is always granted, even if the criteria of novelty, inventive step and industrial applicability haven't been met.
So you can hold a patent and still infringe an older one covering the same ground. Always check your freedom to operate first.
2. "A patent lasts 20 years maximum"
You search a patent register, find a patent filed more than 20 years ago and think: that's expired, so I can use it commercially. Not necessarily.
A patent runs for 20 years, provided the renewal fees are paid. But that period can effectively be longer where priority has been invoked. So to check whether a patent is still valid, look at the filing date, not the priority date. Filing date plus 20 years will be right in almost every case. Almost, because there are exceptions.
3. "A PCT application gives me worldwide protection"
The PCT route is the most popular way to apply. It keeps your options open in around 150 countries for up to 30 months from your filing date.
That isn't the same as protection in 150 countries. For actual legal protection, you still have to apply and complete national proceedings in each country you want.
And protection in 150 countries sounds impressive, but it's rarely realistic. Here's why.
