Dutch Legislation

Chapter 1

in force

General provisions

Patents Act 1995 (Rijksoctrooiwet 1995) · Articles: 15

Section None

General provisions

1 Article 1

In this Kingdom Act and the provisions based thereon, the following definitions shall apply:

2 Article 2

Inventions in all fields of technology which are new, involve an inventive step and are susceptible to industrial application shall be patentable.

2a Article 2a

Inventions as referred to in Article 2, paragraph 1, shall also be understood to include inventions which concern a product consisting of or…

3 Article 3

Not patentable are:

4 Article 4

An invention shall be considered new if it does not form part of the state of the art.

5 Article 5

For the application of Article 4, a disclosure of the invention shall be disregarded if it has not occurred earlier than six months before the date…

6 Article 6

An invention shall be considered as the result of inventive activity if, for a person skilled in the art, it does not follow in an obvious manner…

7 Article 7

An invention shall be considered as susceptible of industrial application if its subject matter can be made or used in any kind of industry…

8 Article 8

Without prejudice to Articles 11, 12 and 13, the applicant shall be considered the inventor and, in that capacity, the person entitled to the patent.

9 Article 9

Any person who, in one of the countries party to the International Union for the Protection of Industrial Property or party to the World Trade…

10 Article 10

If, for a patent granted pursuant to this Kingdom Act, priority has been claimed from an earlier patent application filed pursuant to this Kingdom…

11 Article 11

The applicant has no claim to a patent insofar as the content of his application is derived from what has already been manufactured or applied by…

12 Article 12

If the invention for which a patent is applied has been made by a person who holds a position in the service of another, he is entitled to the…

13 Article 13

If an invention has been made by several persons who have worked together according to an agreement, they shall have a joint claim to the patent.

14 Article 14

The person who has made the invention for which a patent has been applied for, but who, pursuant to Article 12, paragraphs one, two or three, or…