Dutch Legislation

Chapter 4

in force

Legal consequences of the patent

Patents Act 1995 (Rijksoctrooiwet 1995) · Articles: 30

Section None

Legal consequences of the patent

53 Article 53

A patent grants its proprietor the right to prevent any third party from, without his consent:

54 Article 54

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…

54a Article 54a

With regard to a patent for biological material that has obtained certain properties through the invention, the right referred to in Articles 53 and…

54b Article 54b

The scope of the protection conferred by the patent shall be determined by the claims of the patent specification, whereby the description and the…

54c Article 54c

The rights resulting from a patent do not apply to:

54d Article 54d

Further rules may be established by Order in Council regarding the provisions of Article 54c, point (j).

54e Article 54e

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…

55 Article 55

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…

55a Article 55a

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…

56 Article 56

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…

57 Article 57

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…

57a Article 57a

By way of derogation from Article 57, a compulsory licence under a patent in the field of semiconductor technology may only be granted for…

58 Article 58

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…

58a Article 58a

A licence granted pursuant to Article 57 is non-exclusive.

59 Article 59

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…

60 Article 60

Without prejudice to Article 56, paragraph 2, first sentence, a licence is created by:

61 Article 61

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…

62 Article 62

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…

63 Article 63

A patent holder may surrender his patent in whole or in part. The surrender shall have retroactive effect in accordance with Article 75, paragraphs…

64 Article 64

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…

65 Article 65

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…

66 Article 66

If the patent belongs to several persons jointly, their mutual relationship shall be governed by what has been determined between them by agreement.

67 Article 67

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…

68 Article 68

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…

69 Article 69

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…

70 Article 70

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.

71 Article 71

Subject to the provisions of the fourth paragraph, the patent holder may claim reasonable compensation from any person who, during the period between…

72 Article 72

The proprietor of a European patent or a European patent with unitary effect may, subject to the provisions of the fourth paragraph, claim reasonable…

73 Article 73

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…

74 Article 74

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…