Some notes on Dutch-English patent terms (Michael Beijer)

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Dutch English Notes
In een voorkeursuitvoering In a preferred embodiment
Bij verdere voorkeur, … Further preferably, …
ongetoetste octrooi unexamined patent ‘National Dutch patent application

National Dutch patents are granted through a patent application procedure before the Dutch Patent Office. Several requirements must be met before patent protection is granted: the invention must be novel, must involve an inventive step and must be capable of industrial application. The term ‘unexamined’ is often used when referring to Dutch national patents. Even though patent application procedures always involve a search into the prior art (national or international, depending on the choice of the applicant), the actual grant of the Dutch national patent will not be affected by the results of such a search. Hence, the results of the search into documents that destroy novelty or are prejudicial to inventive step never prevent applications for Dutch national patents from being granted. The underlying idea is that this would allow smaller companies to obtain patent protection as it limits prosecution costs. Subsequent enforcement proceedings will then address the issue of the patent’s validity.

European patents

A European patent will be valid in the Netherlands once the corresponding patent application that designates the Netherlands is granted. The rules of the DPA will govern the Dutch part of that European patent. The DPA distinguishes, in some respects, between Dutch patents granted via a European application and those granted following a Dutch national application. The distinction in their respective treatments relates primarily to the unexamined nature of Dutch national patents. However, the remedies are the same for both types of patents. Most of the patents valid in the Netherlands are issued following application procedures with either the EPC or the PCT.’ (The Intellectual Property Review - Edition 7 Taylor Wessing)

oppositie instellen (tegen een octrooi) file an opposition to a patent
oppositieprocedure opposition proceedings; opposition procedure
unitair octrooi unitary patent; European patent with unitary effect

Types of claims / Soorten conclusies[edit | edit source]

Dutch English Notes
gebruiksconclusie use claim
inrichtingsconclusie apparatus claim
preparaatconclusie ???
??? product claim
volgconclusie [vervolgconclusie, vervolg conclusie, vervolg-conclusie] dependent claim, subclaim
werkwijzeconclusie, werkwijze conclusie method claim; process claim

References[edit | edit source]