Patent Law

Patent law, also known as a patent, concerns an intellectual property right and industrial property right. Patent law gives an exclusive right to an invention. In the IT and high-tech industry, it is important that software and working methods for business can also be patented.

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Laws and Regulations

In the Netherlands, patent law is regulated in the 1995 National Patent Act. Other important legal foundations can be found in the European Patent Convention (EPC), the Patent Cooperation Treaty (PCT) and the Paris Union Treaty. In addition, the different national patent laws from other countries can be of great importance in the case of international patents.

Significance

The significance of patent law is great. After all, the patent gives its holder the right to prohibit anyone from making, using or selling the patented invention. Nevertheless, the rightholder may incidentally still depend on other patents to utilise his invention (a mobile phone may be protected by a patent, but all parts therein (chips, batteries, connections and the like) can also be patented one by one).

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Limitations

The limitation in patent law protection in most European countries is the use of commercial purposes. Private use cannot, therefore, be prohibited under patent law. This is different in America.

It is also allowed to use the patented invention for scientific research. Namely, this can provide new insight into the operation of the invention, or possible alternatives or improvements can be devised. However, science and commercial exploitation can be closely linked and therefore carefulness is important here. 

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Patent Law on Software

Patents were initially only intended for technical inventions, such as electronic devices and medicines. But since computers have entered our society on a large scale, there has also been a need to protect computer programs (software). Although the most common way for that to become copyright, patent law has recently been on the rise in software land. For example, copyright can often not be acquired on functionality in software, but patent rights can be obtained. A patent can now also be obtained for new technology that can be realized in software.

What do we do?

A patent can, therefore, provide a lot of protection. However, the procedure for obtaining a patent is complex and expensive. Much depends on the assessment of the scope and validity of the patent. The specific circumstances of the invention and local patent laws are of great significance. It is therefore of great importance to work with a lawyer specialized in patent law who has close links with patent lawyers and patent law specialists from other countries. LAWFOX is at home in both markets. Consult us to determine your patent strategy.

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Contact

LAWFOX’s lawyers are happy to assist you. We have a team available for you that is glad to help with all your questions about patents.

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