Chapter 4
in forceLegal consequences of the patent
Section None
Legal consequences of the patent
A patent grants its proprietor the right to prevent any third party from, without his consent:
A patent grants its holder the right to prevent any third party, without his consent, in the Netherlands, Curaçao or Sint Maarten, from offering or…
With regard to a patent for biological material that has obtained certain properties through the invention, the right referred to in Articles 53 and…
The scope of the protection conferred by the patent shall be determined by the claims of the patent specification, whereby the description and the…
The rights resulting from a patent do not apply to:
Further rules may be established by Order in Council regarding the provisions of Article 54c, point (j).
The rights attached to a patent do not extend to acts concerning a product protected by that patent, after the product has been put on the market by…
Any person who, on the day of the filing of an application for a patent by another party, was already manufacturing or applying in the Netherlands…
If a product as referred to in Article 53, under a or c, has been lawfully placed on the market in the Netherlands, Curaçao or Sint Maarten, other…
A licence grants the patentee’s authority to perform acts which, pursuant to Article 53, are not permitted to persons other than the patentee. This…
Our Minister may, if in his judgment the public interest so requires, grant a licence under a patent, with a content precisely defined by him, to a…
By way of derogation from Article 57, a compulsory licence under a patent in the field of semiconductor technology may only be granted for…
If the licence referred to in Article 57, paragraphs two, four, five or six, has been wrongly refused, the licence shall be granted by the court upon…
A licence granted pursuant to Article 57 is non-exclusive.
By Royal Decree, if the interest of the defence of the Kingdom so requires, it may be determined, upon the joint recommendation of Our Minister and…
Without prejudice to Article 56, paragraph 2, first sentence, a licence is created by:
For the maintenance of a patent, an amount to be determined by or pursuant to an Order in Council must be paid to the office each year, for the first…
A patent shall lapse by operation of law if the amounts referred to in Article 61 have not been paid within six calendar months after the due date…
A patent holder may surrender his patent in whole or in part. The surrender shall have retroactive effect in accordance with Article 75, paragraphs…
The patent and the claim to a patent are susceptible to transfer or other succession, both with regard to the full right and with regard to a share…
The delivery, required for the transfer of the patent or the right resulting from a patent application, shall be effected by means of a deed…
If the patent belongs to several persons jointly, their mutual relationship shall be governed by what has been determined between them by agreement.
A right of pledge on a patent is established by deed and is effective against third parties only once the deed has been registered in the patent…
The attachment of a patent shall be effected and the official report of seizure shall be entered by the office in the patent register, with…
The sale of a patent by a pledgee or an attaching creditor for the recovery of a claim shall take place in public before a competent civil-law…
The patent holder may enforce his patent against any person who, without being entitled to do so, performs any of the acts referred to in Article 53.
Subject to the provisions of the fourth paragraph, the patent holder may claim reasonable compensation from any person who, during the period between…
The proprietor of a European patent or a European patent with unitary effect may, subject to the provisions of the fourth paragraph, claim reasonable…
The patent holder may institute the claims available to him for the enforcement of his patent against any person who, without being entitled to do…
The rights and obligations arising from Articles 53 up to and including 60 and 64 up to and including 73 shall also apply in, on, and above that part…