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'Rijksoctrooiwet'

Original Language Title: Rijksoctrooiwet 1995

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Rijkswet of 15 December 1994, laying down rules relating to patents

We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.

All of them, who will see or hear these, saluut! do know:

In this regard, we have taken into consideration that the fall in the number of patent applications in the Netherlands does not allow the existing patent licensing system to be maintained and that it should be provided in a simple way. patent rights to be granted by registration;

It is true that we, the Council of State of the Kingdom, and with the common accord of the States-General, have taken into account the provisions of the Statute for the Kingdom, have been deemed to have been approved and understood to be the same as This:

Chapter 1. General provisions

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Article 1

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For the purposes of this Law of the Law and of the provisions based thereon, the following definitions shall apply:

European Patent Convention: the Treaty on European patents (Trb, adopted in Munich on 5 October 1973). 1975, 108, 1976, 101 and 2002, 64);

European patent: a patent granted under the European Patent Convention, to the extent that it has been granted for the Kingdom;

European patent application: a European patent application as referred to in the European Patent Convention;

Cooperation agreement: the Treaty establishing cooperation on patents, adopted in Washington on 19 June 1970 ( Trb. 1973, 20);

Office: the office specified in the Article 15 ;

Patent registry: it in Article 19 of this Act the said register;

Order : the Order of Patent Agents, referred to in Article 23d ;

Our Minister: Our Minister for Economic Affairs;

Biological material: material that contains genetic information and can replicate itself or be replicated in a biological system;

microbiological methods of operation: any method of use microbiologically intervening on a microbiological basis or as a result of a microbiological material;

Variety: a variety as referred to in Article 5, second paragraph, of Regulation (EC) 2100/94 of the Council of the European Union of 27 July 1994 on Community plant variety rights (PbEG L 227);

Natural resources: mineral and other non-living resources of the seabed and subsoil, as well as living organisms belonging to the sedentary species, that is, organisms that may be harvested at the time of their harvest, or unmoving on or below be the seabed or may not move than in constant physical contact with the seabed or subsoil;

Convention on Patent Law The Convention on Patent Law, adopted in Geneva on 1 July 2000 (Trb. 2001, 120).


Article 2

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  • 1 Patentable inventions are inventions in all fields of technology that are new, based on inventive activity, and can be applied in the field of industry.

  • 2 Within the meaning of paragraph 1, the following shall not be considered as inventions in particular:

    • a. discoveries, as well as natural science theories and mathematical methods;

    • b. Aesthetic Acts;

    • c. Systems, rules and methods of carrying out mental work, for playing or for business operations, as well as computer programs;

    • d. Presentation of data.

  • 3 The second paragraph shall apply only in so far as it concerns the subjects or activities referred to therein as such.


Article 2a

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  • 1 Among Inventions as referred to in Article 2, first paragraph They also mean inventions relating to a product which consists of or contains biological material, or which relate to a process of obtaining, editing or using biological material.

  • 2 Inventions referred to in paragraph 1 shall, in any event, be understood as inventions relating to:

    • a. biological material which is either isolated or obtained by a technical process from its natural environment, even if that material is available in nature;

    • b. Any part of the human body being isolated or otherwise obtained by using a technical process, including a sequence or partial sequence of a gene, even if the structure of that part is identical. to those of a natural part,

    • c. plants or animals, provided that the practicability of that invention is technically not limited to a specific plant or animal breed; or

    • d. A microbiological or other technical process which produces, processes or uses biological material, or produces a product obtained from it.


Article 3

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  • 1 Not susceptible to patent are:

    • a. Inventions the commercial exploitation of which would be contrary to public policy or to good mores;

    • b. the human body at the various stages of its formation and its development, as well as the mere discovery of one of its parts, including a sequence or partial sequence of a gene,

    • c. Plant or animal breeds,

    • d. processes of an essential biological nature, consisting entirely of natural phenomena such as crosses or selection, for the production of plants or animals, and the products resulting from them;

    • e. Inventions which infringe Articles 3, 8, part j, 15, fifth paragraph, and Article 16, fifth paragraph, of the Biodiversity Convention;

    • f. methods of treatment of the human or animal body through surgical procedures or medical treatment and diagnostic methods applied to the human or animal body, excluding products thereof, in particular substances or assemblies, for the purposes of any of these methods.

  • 2 For inventions the commercial exploitation of which would be contrary to public policy or to good morals referred to in paragraph 1 (a), the following shall be understood as meaning:

    • a. methods of cloning human beings;

    • b. methods of modifying the germinal genetic identity of man;

    • (c) the use of human embryos;

    • (d) methods of modifying the genetic identity of animals which are appropriate to make them suffer without significant medical use for humans or animals, and the products resulting from such a change; and

    • e. processes that endanger the life or health of humans, animals or plants or cause serious damage to the environment.

  • 3 Commercial exploitation of an invention does not conflict with public policy or good mores, on the basis of the mere fact that it is prohibited by law or by virtue of its legal requirement.

  • 4 The list referred to in paragraph 2 of this Article may be supplemented by other inventions whose commercial exploitation is considered to be contrary to public policy or to the good mores.


Article 4

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  • 1 An invention shall be considered as new if it is not part of the state of the art.

  • 2 The state of the art shall be constituted by the publication of any written or oral description, by application or by any other means, of the publication of the patent application for the day on which the patent application is filed.

  • 3 It shall also include the content of patent applications submitted previously, which have been submitted on or after the day referred to in paragraph 2, in accordance with Article 31 be entered in the patent register.

  • 4 The content of European patent applications and of international applications as referred to in Article 153, third to fifth paragraph, of the European Patent Convention, the date of which is to be submitted, shall also be the state of the art of the art. the application of Article 54, second and third paragraphs, of that Convention, shall lie before the date referred to in paragraph 2, which shall be published on or after that date under Article 93 of that Convention, under Article 21 of the said Treaty. Cooperation Treaty.

  • 5 Notwithstanding the provisions of the first to fourth paragraphs, substances or compositions of a kind which are part of the state of the art may be patented, in so far as they are intended for the purposes of one of the substances in question. Article 3 (f) , the methods referred to, provided that their application for any method referred to in that paragraph does not belong to the state of the art.

  • 6 Without prejudice to the first to and including the fourth paragraph, substances or compositions referred to in paragraph 5 may be patented for a specific application in a way of operation as referred to in Article 4 (2). Article 3 (f) , provided that that application does not belong to the state of the art.


Article 5

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  • 1 For the purposes of applying Article 4 no disclosure of the invention shall not be taken into account, if it has not taken place earlier than six months before the date of filing of the patent application as a direct or indirect consequence of:

    • a. manifested misuse with respect to the applicant or its predecessor, or

    • (b) the fact that the applicant or his legal predecessor has exhibited the invention on exhibitions held or recognised by the State, within the meaning of the Convention on International Exhibitions, signed in Paris on 22 November. 1928, as amended, as last amended by Protocol of 30 November 1972 ( Trb. 1973, 100), provided that, at the time of filing, the applicant declares that the invention has indeed been exhibited and provides evidence thereof within a period to be fixed by a general measure of public administration; and in accordance with rules to be laid down in the case of general rules of public administration.

  • 2 The Government of Curaçao and St Maarten are recognized by the government of Curaçao and Sint Maarten, respectively, by our Minister and for exhibitions in Curaçao and Sint Maarten.

  • 3 Exhibitions in the Netherlands and those in the Netherlands Antilles approved for the entry into force of the Law on the Law of the Netherlands to the establishment of the new countries by our Minister for Economic Affairs and government of the Netherlands Antilles after the entry into force of that state law as exhibitions as referred to in Article 5, second paragraph.


Article 6

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An invention shall be considered to be the result of the inventive nature if it does not result in an expert from the state of the art of an expert. If documents as referred to in Article 4, third and fourth paragraphs , to the state of the art, these are excluded from the assessment of the inventiveness of the inventive activity.


Article 7

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An invention shall be regarded as capable of being applied in the field of industry if its object can be manufactured or applied in any sector of the industry, including agriculture.


Article 8

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Without prejudice to Articles 11 , 12 and 13 the applicant shall be considered to be an inventor and for that purpose as the person entitled to patent.


Article 9

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  • 1 The person who, in one of the countries, is affiliated to the International Union for the Protection of Industrial Property or affiliated to the World Trade Organisation, in accordance with the laws in force in that country, and the one who, in accordance with the provisions of the the application for a period of 12 months from the date of that application in the Netherlands, Curaçao and Sint Maarten in the Netherlands, Curaçao and Sint Maarten, the application for a period of 12 months after the date of application of that application was made for a period of 12 months from the date of application of that application. a right of priority in order to obtain a patent for the one for which it is the one in the The term 'protection' was requested. A country which, on the basis of a communication from the competent authority in that country, recognises a right of priority under equivalent conditions and with equivalent legal effects, shall be treated as one of the countries referred to in the first sentence of the first sentence. which, as provided for in the Convention on the Protection of Industrial Property (Trb), arrived at Paris on 20 March 1883. 1974, 225 and Trb. 1980, 31). The foregoing shall apply mutatis mutandis to the person who has applied for an invention certificate, if the legislation in question leaves the choice between obtaining such a certificate or a patent.

  • 2 Under application within the meaning of paragraph 1, any application, the date of which may be fixed, shall be deemed to be the date of filing, irrespective of the remainder of the application.

  • (3) If the rightholder has submitted more applications for the same subject, the right of priority shall be subject only to the first time of the application. Nevertheless, the right of priority may also be based on a subsequent application for the purpose of obtaining protection in the same country, provided that the first application submitted for the submission of the subsequent application has been withdrawn, has expired or been rejected without to be notified to the public and to have existed without rights and provided that it has not yet served as a basis for the invocation of a right of priority. Where a right of priority, based on a subsequent application lodged, has been invoked, the first application submitted shall no longer serve as a basis for the invocation of a right of priority.

  • 4 The priority shall be for the application of the Articles 4, second, third and fourth members , and 6 as a result of which the application for which this right exists is to be regarded as having been lodged on the day of filing of the application on which the right of priority is based.

  • 5 The applicant may rely on more than one right of priority, even when the rights of priority from different countries come. Similarly, the application, where an appeal is made to one or more rights of priority, may contain elements for which no rights were required in the submissions of the application, the primacy of which is invoked, provided that the application had been made to the last application. supporting documents relating to the product concerned or the method of operation in question sufficiently precise.

  • 6 The person who wishes to make use of the right of priority must make a written appeal to the filing of the application or within 16 months of the date of filing of the application for which he is invokes, stating that date. of the submission and of the country in which or for which it was submitted.

  • 7 An improvement in, or addition to, a right of priority relied upon must be requested within 16 months of the date of filing of the application on which he is invokes.

  • 8 Within 16 months of the date of submission of the application to which he refers, as referred to in paragraph 6 and paragraph 7, he must be the number and a copy of the application for which he is to be sent in the Dutch, French, German or English language. (i) make use of the application in one of the languages of a translation or translation of that application to the office, unless the previous application to the Bureau or the Bureau, as referred to in Article 2 (2), Article 99 , has been submitted, and, if he is not the person who has submitted the application, on the basis of which priority is claimed, a document proving his rights. The Office may require the translation referred to in the preceding sentence to be certified if the Office has reasonable doubts as to the correctness of that translation.

  • 9 The right of priority shall lapse if the sixth, seventh or eighth paragraphs are not fulfilled.


Article 10

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  • 1 If, in respect of a patent granted under this Law of the Law, the primacy of a patent application submitted earlier under this Law of Law has been invoked, the patent granted on that application shall not have legal effect, in so far as it It relates to the same invention as the first patent.

  • 2 For the purpose of determining the absence of legal action as referred to in paragraph 1, any action may be brought by each person.


Article 11

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The applicant shall not have the right to patent, in so far as the contents of his application have already been made by another person produced or applied by another person, or to descriptions, designs or models of another person, without his or her consent. The latter, to the extent that the patent is patentable, retains its claim to patent. For the application of Article 4, third and fourth paragraphs In the case of an application submitted by the addressee, no account shall be taken of the application lodged by the applicant.


Article 12

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  • 1 If the invention, for which a patent is sought, has been done by a person in the service of another, he is entitled to a patent, unless the nature of the part brings that he uses his or her special knowledge until such time as the use of inventions of the same type as those to which the patent application relates. In the latter case, the claim for a patent shall be granted to the employer.

  • (2) If the invention, for which a patent is sought, has been done by a person who, in the course of an education and other activities, carries out his or her duties, the person who is entitled to a patent shall be the person to whom the work is carried out, unless the person concerned is the person invention does not relate to the subject matter of the work.

  • 3 If the invention was done by someone who conducts research in the service of a university, college or research institution, the patent entitlement is awarded to the relevant university, college or research institution.

  • 4 For the application of Article 4, third and fourth paragraphs In the case of an application lodged by the employer referred to in paragraph 1, last sentence of the sentence, or by the person providing the opportunity to carry out activities as referred to in the second paragraph, the person concerned shall continue to be entitled to the right of a person to whom the person concerned has the right to Patent application not taken into account.

  • 5 The provisions of the first, second and third paragraphs may be derogated from by written agreement.

  • 6 If the inventor cannot be regarded as having received his or her cash allowance or paid in a special benefit to be paid by him for the benefit of the patent, the person to whom he is entitled may not be considered to be First, second or third members, entitlement to a patent shall be required to grant him a fair amount in relation to the pecunious interest of the invention and the circumstances under which it had taken place. An inventor's right of claim under this paragraph shall expire after three years from the date on which the patent was granted.

  • 7 Each clause, which derogates from the sixth paragraph, shall be void.


Article 13

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If an invention was made by a number of persons who, according to an agreement, have worked together, they jointly claim for a patent.


Article 14

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  • 1 The person who has done the invention for which a patent has been applied for, but on the basis of Article 12, first, second or third paragraphs In the case of an agreement concluded with the applicant or its legal predecessors, it is not possible to apply for a patent, the patent is to be mentioned in the patent as the inventor.

  • 2 Each clause, which derogates from the previous paragraph, shall be void.

Chapter 2. Treatment of patent applications

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§ 1. General provisions

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Article 15

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  • 1 An office is in charge of the implementation of this Law of Law and other tasks imposed by or pursuant to law or binding international obligations. The office is called Octrooicentrum Nederland. The Office is an institution of the Netherlands and, as far as patents are concerned, for the Netherlands Curaçao and Sint Maarten as a central repository as referred to in Article 12 of the Stockholm Review of 14 July 1967, is also to be the Treaty establishing the Protection of Industrial Property (Trb), established in Paris on 20 March 1883. 1969, 144).

  • 2 By a decision of Our Minister, the establishment and operation of the Office shall be determined.


Article 16

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If, during the last day of any period to be taken into account by or against the Bureau, the Agency is closed for the last day, that period shall be extended for the purposes of this Law of the Law until the end of the next day, Office is open again.


Article 17

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  • 1 The Agency shall act as a receiving agency within the meaning of Article 2 (xv) of the Cooperation Agreement and shall carry out its activities in accordance with the provisions of that Convention.

  • 2 In the case of, or pursuant to general rules of public administration, the amount and the due date of fees applicable under the Cooperation Agreement and the corresponding provisions of the Cooperation Agreement, to the extent that the provisions of the Cooperation Agreement are conferred on it by the Cooperation Treaty Regulations may be levied. In the case of a general measure of public administration, further rules may be laid down in respect of matters on which the receiving agency is empowered to lay down rules pursuant to the said Regulation.


Article 18

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The designation, or, where appropriate, the choice of the Kingdom in an international application as referred to in Article 2, under (vii) , of the Cooperation Agreement, it will be regarded as a request from the applicant for the acquisition of a European patent.


Article 19

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  • 1 The Office is responsible for a patent register from which the state of patent applications and patents can be derived and from which data can be disclosed for this purpose to third parties.

  • 2 Data relating to patent applications and patents are entered in the register under this State law. The register shall be available for inspection free of charge.

  • 3 In the case of a general measure of public administration, detailed rules on the register may be laid down. It may be laid down that the registration of certain particulars in the register depends on the payment of an amount by the person applying for registration.

  • 4 In respect of sums to be made to or under the general measure of public administration, any sums requested by the Office may be requested by the Office for written information on or certified extracts from the patent register or any documents which may be taken from the patent register or any documents relating thereto. relate to a patent application or patent registered in the patent register, as well as copies of the latter documents.


Article 20

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  • 1 Of all the particulars entered in the patent register shall also be reported in a sheet to be published periodically by the Agency.

  • 2 In the case of a general measure of public administration, detailed rules may be laid down for the provisions of the first paragraph.


Article 21

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  • 1 From the date on which the patent application is entered in the patent register, any document relating to the application or the patent relating to the application or to the office or to the office of the office of the office of the Office of the European Union, shall be free of charge. has been made to the applicant or to third parties under the provisions of this state law. The Bureau shall notify all such documents as soon as possible, but not for the registration of the application in the patent register in the Article 20 said sheet.

  • 2 From documents relating to an application which is not yet entered in the patent register, knowledge may be taken only with the consent of the applicant. However, without the consent of the applicant, knowledge may be taken, if the person concerned demonstrates that the applicant has relied on his application to him. The provisions of this paragraph shall not apply in respect of the Section 3 of this Chapter Patent applications.

  • 3 No knowledge can be taken of the statement of the person who has done the invention, stating that he does not award an entry as an inventor in the patent.


Article 22

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  • 1 In the case of, or under a general measure of public administration, detailed rules for the implementation of the provisions of the Convention on the exchange of information between the Agency and the applicant for the exchange of information or by the applicant for the exchange of information shall be laid down. a patent.

  • 2 In the case of, or under a general rule, rules shall be laid down for the implementation of amendments to or under the Patent Convention relating to changes in respect of the applicant or of the proprietor of a patent.


Article 23

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  • 1 If the applicant or the proprietor of a patent or the proprietor of a European patent, despite the exercise of all due diligence in the circumstances, has been unable to obtain a period from the office or the Office specified in Article 99 to be taken into account, at his request, by the Bureau, the previous condition shall be reinstated, if the failure to respect the time limit pursuant to that state law has directly led to the loss of any right or remedy.

  • 2 The first paragraph shall not apply to the failure to meet the period referred to in paragraph 3.

  • 3 The request shall be made within two months of the date on which the cause of failure to comply with the period for the conduct of the act concerned has been removed, but no later than one year after the date of expiry of the period of application of the decision. the expiry of the non-respect of the period not taken into account. The action which has not yet been taken must take place at the latest with the request. The amount to be determined at the time of presentation shall be an amount to be determined by or pursuant to a general measure of public administration.

  • 4 The bureau signs the restoration in the patent register.

  • 5 The person, who, in the period between the loss of the right or remedy and the recovery in the previous situation, has commenced the manufacture or application within the Netherlands, Curaçao or Sint Maarten in or for his company of that, in respect of which a patent has been in force as a result of the recovery or has given a start of its execution to that effect, notwithstanding the fact that the patent has been Article 53, first paragraph , to carry out the acts referred to. Article 55, second and fourth paragraphs , shall apply mutatis mutandis.

  • 6 In the case of, or under a general measure of public administration, detailed rules on the restoration of the right of priority shall be laid down.


§ 1a. Patent Agents

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Article 23a

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  • 1 The Office is responsible for a register of patent agents from which it can be deduced who meets the requirements of professional competence of patent agents and can act as a patent agent for the office and from which for this purpose data may be provided to third parties.

  • 2 In the register, each person on request may be registered as a patent agent who has passed an examination and has been subject to patent applications for at least three years under the responsibility of a person who has been subject to patent application. a patent agent, or who has been successfully taken out of an aptitude test. The examination or aptitude test shall not exceed 10 years for the submission of the application.

  • 3 The Agency shall establish the establishment of the register. The register shall be available for inspection free of charge.

  • 4 Others than those registered in the Register of Patent Agents are prohibited from designating themselves in economic traffic as if they were registered in that register.

  • 5 The Supervisory Board may, on application, waive the obligation to apply the examination or aptitude test, or for at least three years of patent applications under the responsibility of a patent agent.

  • 6 In the case of, or pursuant to general rules of public administration, detailed rules on the application for registration in the register, the application for a derogation, the assessment of the application by the Supervisory Board, the appeal to the Court of Justice in the Hague against a negative opinion of the Council and registration in and out of the register.

  • 7 In the case of or under general rules of government administration, detailed rules shall be laid down for the implementation of the provisions of the Convention on the Law of the European Union or by virtue of the Convention on Patent Law.


Article 23b

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  • 1 For the Agency, acting as Agent only, may act as a patent agent registered in the register, as referred to in Article 2 (1). Article 23a , persons on the basis of Article 1 of the AdvocateAct registered in a court of law and persons who are registered as a lawyer by the Common Court of Justice of Aruba, Curaçao and under Article 1 of the AdvocateAct of the AdvocateAct of Law. St Maarten and Bonaire, Sint Eustatius and Saba.

  • 2 The director of the office may request access from a lawyer to the certified document of his swearing-in as a lawyer before he authorises him to be authorised to the office.

  • The Director of the Office may, in special cases, also authorize, in particular cases, other than those referred to in paragraph 1, to act as Agent for the Office if they do not have recourse to such an action, or if they are in a Member State of the European Union or in another State party to the Agreement on the European Economic Area shall be empowered to act as authorised in patent matters and shall only be authorised to act as agent for the purposes of the Agreement on the European Economic Area. Office.

  • 4 Unless otherwise provided by law, a patent agent or a person operating under his or her responsibility shall be liable to the secrecy of any of the acts of which he or she is aware of his or her activities. This obligation shall continue to be subject to the termination of the work in question.


Article 23c

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  • 1 There is an examination commission for taking the exam and the aptitude test, intended in Article 23a .

  • 2 On a proposal from the Board of Procedure, our Minister shall appoint the members of the examination board for a period of two years each time. Our Minister may, for important reasons, dismiss a member in the interim. The appointment and dismissal of the members of the examination board shall be published in the Official Journal of the Article 20 .

  • 3 The examination board shall consist of at least six persons. One third of the members of the committee of examination are patent agents, one third is the office worker, and a third party is technical or law-based expert, not from the office of patent agents and employees. A maximum of half of the members of the examination board may also be a teacher of training for future patent agents.

  • 4 The examination board may draw up committees from among its members for the purposes of taking the examination or aptitude test in parts.

  • 5 The examination board shall determine the time of notification until the examination and the aptitude test referred to in paragraph 1 and the time and place where such examination and aptitude is taken from the examination. The examination board shall take an examination or an aptitude test or a part thereof not after the person from whom the examination or aptitude test or the part thereof is taken, has paid the amount due.

  • 6 In the case of, or under the general measure of the State administration, detailed rules shall be laid down concerning:

    • (a) permitting participation in, and the taking of, the examination and aptitude test and the amount which the person wishing to participate in an examination or an aptitude test or any part of it shall be required to participate;

    • b. the knowledge reviewed by the examination and aptitude test, the elaboration of the examination requirements by the examination board and the manner in which the examination or aptitude test is taken.


Article 23d

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  • 1 There is an Order of Patent Agents, which is formed by all those who are entered in the Register, intended in Article 23a .

  • 2 The task of promoting good professional practice by its members and their professional competence is to be considered. Her task includes the care of the honour and the subject of the patent rights profession.


Article 23e

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  • 1 The general assembly of the order shall elect from among its members a board of directors which shall be in charge of daily management and shall have the right to perform its management and decision in relation to the assets of the order.

  • 2 The members of the Board shall resign every two years. They shall be reelectable immediately.

  • 3 The administration of the order shall be composed of a maximum of nine members. The General Assembly of the Order shall designate the Chairman, Secretary and Treasurer of the Board from among these members.

  • 4 The Chairman or the Secretary of the Board shall represent the order in and out of court.


Article 23f

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  • 1 The general assembly of the order elects a supervisory board that assesses applications to be included in the Register of Patent Agents, who supervises the manner in which patent agents pursue their profession and who is in charge of disciplinary proceedings at first instance.

  • 2 The members of the Supervisory Board are to resign every two years. They shall be reelectable immediately.

  • 3 The Supervisory Board of the Order consists of five members and five alternate members.

  • 4 The Chair of the Supervisory Board is a lawyer appointed by Our Minister upon nomination of the general assembly of the order. The General Assembly of the Order shall designate the Secretary of the Supervisory Board from among the members of the Board.


Article 23g

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  • 1 The membership of the board is not compatible with the membership or the deputy membership of the Supervisory Board.

  • 2 The board of directors shall remove a member or alternate member of the Supervisory Board of his office, if the member or alternate member:

    • a. Due to illness or defects, it is permanently unsuitable to perform its function;

    • b. has been written out of the Register of Patent Agents;

    • c. In the state of bankruptcy, natural persons have been declared under the debt restructuring scheme or were declared under receiption;

    • (d) is in provisional detention;

    • (e) when a judgment has been irrevocably delivered on the ground of criminal offence, or has been imposed on it by such a ruling, which has the effect of taking a custodial order.


Article 23h

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  • 1 The general assembly of the order shall establish a household rules and rules of conduct for patent agents.

  • 2 The rules of procedure shall, in any event, regulate:

    • the manner in which the Steering Board and the Supervisory Board are elected;

    • b. The dismissal for important reasons of a member of the board;

    • c. the holding of the meetings of the order;

    • d. the amount of the dues owed by members of the order because of their membership of the order, and the period within which the membership fee is met.

  • 3 The General Assembly adopts a regulation on the guidance of interns by patent agents, mutual obligations of the patent delegate and the trainee and appointment by the supervisory board of a patent office. patent agent as a supervisor of an intern who performs patent activities outside the office of a patent agent.

  • 4 The General Assembly may adopt regulations in the interest of the good professional practice of its members. These Regulations may relate only to:

    • the manner in which the administration of a patent agent is furnished, maintained and kept;

    • b. the cooperation of patent agents with other patent agents and with different professions;

    • (c) publicity that patent agents may have on their activities;

    • d. keeping the knowledge and understanding of patent agents in relation to the right of industrial property and the supervision of the supervisory board.

  • 5 Regulations do not lay down provisions on or under the law of the Act, do not contain any obligations or rules which are not strictly necessary for the purpose of achieving the objective of the Regulation. do not aim to and do not unnecessarily restrict market forces. Where provision is made for or under the law of regulations, these provisions shall be automatically subject to the law.


Article 23i

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  • 1 The rules of procedure, the rules of conduct for patent agents and the regulations, and any amendment thereto, shall be sent to our Minister for approval without delay after adoption.

  • 2 Our Minister may withhold its approval to the Rules of Procedure, the Code of Conduct for Patent Agents and the Regulations, as well as any amendment thereto, if they contain provisions contrary to the law or general law. Interest.

  • 3 After approval by Our Minister, the household rules, the rules of conduct for patent agents and the regulations, as well as a change thereto, are placed in the sheet, intended in Article 20 . They shall enter into force as from the first day of the second month following the day of the day of the paper in which they are placed or as much earlier as they determine themselves.

  • 4 The patent agents are required to comply with the rules of procedure, the rules of conduct for patent agents and the regulations, and the membership fee due to membership of the order within the time limit set for that date. Compliant.


Article 23j

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  • 1 The general meeting of the order shall, before 1 October of each year, adopt a budget for the following calendar year.

  • 2 The general meeting of the order shall, before 1 May each year, issue a financial report accompanied by a statement on the fidelity and lawfulness issued by an auditor, as referred to in Article 2 (2). Article 393 of Book 2 of the Civil Code .

  • 3 The general meeting of the order of 1 May each year draws up a report on the work, policy conducted in general and the effectiveness and effectiveness of the work and working methods of the order in particular. last calendar year. The report shall be forwarded to our Minister.

  • 4 The general meeting of the order shall make the documents referred to in the second and third paragraphs generally available.


Article 23k

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The general meeting of the order, the administration of the order, the Supervisory Board and the examination board shall, upon request, communicate to our Minister the information required for the performance of his task. Our Minister may, in so far as it is reasonably necessary for the performance of his duties, access business records and records.


Article 23l

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  • 1 At least once a year, the order meets on subjects of interest to patent agents.

  • 2 The meetings of the order referred to in paragraph 1 shall be public, unless the members present decide on important grounds that the sitting will take place in whole or in part with closed doors. The meetings of the Board and the Supervisory Board shall not be public, except in a case as referred to in Article 3. Article 23s, fourth paragraph .


Article 23m

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  • 1 A patent agent who has been declared bankrupt in the state of bankruptcy, or who has been declared to be subject to natural persons, or who has been placed under receipation, is in bankruptcy, the application of the law. natural persons debt restructuring scheme or the curatele of law suspended in the exercise of the right to act for the office as agent or to speak at the hearing. During this time, he was also suspended from law as a member of the order.

  • (2) If a patent agent is unable to represent the interests entrusted to it in that capacity, or where he is deceased, the chairman of the supervisory board shall, if it is not already provided for in the replacement, point out that he/she is not in a position to pursue his or her own a patent agent, which, as long as the President considers it necessary, takes the measures provided for under the circumstances.


Article 23n

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  • 1 A patent agent who is guilty of any act or omission contrary to the care he is responsible for acting as a patent agent in relation to those whose interests he is responsible for, or belong to, that conflict with the rules of procedure or the regulations of the order, or contrary to what a patent agent may, without prejudice to his or her liability under other legal provisions, may be subject to an obligation to of the measures, mentioned in Article 23h .

  • 2 In any case, if any act or omission contrary to what a patent agent befits, it shall be considered to cooperate or to employ a person in patent matters:

    • a. of whom is known to register in the Register, as intended Article 23a , has been refused because there is well-founded fear that he will be guilty of any act or omission as referred to in the first paragraph,

    • b. which is removed from the right to act as Agent for the Agency; or

    • c. who, although unauthorized to act as Agent for the office, is in the habit of pretending to be an agent in the Netherlands, Curaçao or Sint Maarten.


Article 23o

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  • 1 The Supervisory Board shall take a decision against a patent authorised representative in the form of a reasoned written complaint lodged with it.

  • 2 If the Chairman of the Board of the Order is aware, outside the case of a complaint, of a reservation against a patent agent or a lawyer, he may bring them to the notice of the Supervisory Board. In that case, the Board shall treat the objection as a complaint and consider the Chairman of the Board of the Order as the complainant.

  • 3 If it is known to the Supervisory Board that a lawyer has pleaded guilty to conduct as intended in the case of patent litigation? Article 46 of the AdvocateAct , he shall be responsible for the Supervisory Board. Article 22 of that Act , from the district in which the lawyer concerned exercises his practice, informed thereof.

  • 4 The supervisory board shall not take a complaint if the occurrence to which the complaint relates has taken place at least five years prior to the submission of the complaint.


Article 23p

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  • 1 The Secretary of the Supervisory Board shall immediately inform in writing the patent authorised representative against whom a complaint has been lodged.

  • 2 The President of the Council may, after hearing a summary examination, if necessary after hearing the complainant and the relevant patent agent, dismiss the complaint by reasoned decision if it considers that the decision is manifestly rejected. not admissible, manifestly unfounded or of insufficient weight.

  • 3 If the President of the Board considers that a complaint is amenable to amicable settlement, it shall call upon the complainant and the relevant patent authority to conduct a settlement of such a settlement. If an amicable settlement proves possible, it shall be drawn up in writing and signed by the complainant, the patent agent and the President.

  • The President of the Council shall, without delay, inform the Supervisory Board of complaints which have not been resolved or which have not been rejected by the President.

  • 5 The Secretary of the Board shall without delay, by registered letter, send to the complainant and to the relevant patent authority a copy of the President's decision.


Article 23q

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  • 1 Against the decision of the President of the Supervisory Board to reject a complaint, the complainant may, within 14 days of the date of dispatch of the copy of the copy of the decision, oppose it in writing to the Supervisory Board. It shall state the reasons on which he is unable to unite and ask to be heard about his opposition.

  • If, in accordance with paragraph 1, opposition has been made against the decision of the President of the Council, he shall appoint another member of the Board to replace him in the proceedings of the Resistance.

  • 3 As a result of the resistance, the decision of the President of the Council shall lapse, unless the Council declares the opposition inadmissible or unfounded.

  • 4 If the Board considers that the complaint is manifestly inadmissible, manifestly unfounded or of insufficient weight, it may, without further investigation, declare the objection inadmissible or unfounded, but not after the complainant, which is why it is not Early, have the opportunity to be heard.

  • 5 The decision to issue a declaration of inadmissibility or to an unsubstantiated statement of opposition shall state the reasons on which it is based. No legal remedy is open. The Secretary of the Board shall without delay, by registered letter, send to the complainant and to the relevant patent authority a copy of the decision of the Board.

  • 6 If the Board considers that the resistance is well founded, the matter shall be taken into further consideration.


Article 23r

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  • 1 If a reservation concerns a member or an alternate member of the Supervisory Board, the Board shall suspend this paragraph or alternate member from sitting in the Board for the time when the consideration is to be given.


Article 23s

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  • 1 The supervisory board shall take no decision than after the hearing or proper notice of the patent agent and of the complainant or the chairman of the administration of the order. The invocation shall be made by registered letter not more than eight weeks after the complaint has been notified to the Council on the basis of Article 23p, fourth paragraph , or after the council has taken the complaint in further treatment on the basis of Article 23q, sixth paragraph , and at least two weeks before the hearing.

  • 2 The patent agent and the complainant or the chairman of the board of the order are entitled to be assisted by a counsellor. The Secretary of the Board shall give them a timely opportunity to take notice of the documents relating to the case. They may ask for copies or extracts of those documents for reimbursement of the cost.

  • 3 The board may refuse to admit persons, who are not a lawyer or prosecutor, as counsel. In that case, the Council shall hold the case to a next meeting.

  • 4 Consideration by the Board of a Commemoration against a Patent Delegate shall take place in a public session. For important reasons, the Council may recommend that the treatment be wholly or partially closed.


Article 23t

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  • 1 The supervisory board can be heard and experts heard. To that end, they shall be summoned by registered letter and shall be obliged to act on the summons.

  • If a witness or expert does not appear on the summons, the D.A. shall, at the request of the council, summons him. If a witness or expert does not appear on the summons, the Public Prosecutor shall, at the request of the Council, order him once again, at the request of the order to bring it to a notice. Article 556 of the Code of Criminal Procedure shall apply mutatis mutandis.

  • 3 The President of the Board may hear a witness under oath.

  • 4 The witness is obliged to reply to the questions asked. The expert is required to perform his duty impartially and in a way that is best known. As regards the witnesses and experts, the Articles 217 to 219 of the Code of Criminal Procedure applicable mutatis mutandis.


Article 23u

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  • 1 The supervisory board may impose one of the following measures on the patent agent if it considers that any objection raised against the patent may be based on:

    • a. Warning;

    • b. Berisping;

    • (c) suspension in the exercise of the right to act as authorised agent for the period of time of not more than five years;

    • d. Dismissal from the right to act as Agent for the Office.

  • 2 Suspension as referred to in paragraph 1 (c) shall, for the duration of the suspension, be suspended as a member of the order and loss of relations, requiring the capacity of a patent agent for the eligibility or requirements of eligibility.


Article 23v

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  • 1 The decisions of the Supervisory Board shall state the reasons on which they are based and shall be made public. The Council shall decide within six weeks after the investigation is closed for the public meeting.

  • 2 The warning or reprimand referred to in Article 23u, first paragraph, points (a) and (b) The President-in-Office of the Council shall be in a meeting of the Council, for which the patent agent is hereby called upon by registered letter. The minutes of the meeting shall be drawn up. The Secretary of the Board shall send a copy of the minutes by registered letter to the patent delegate.

  • 4 The Secretary of the Board shall, by registered letter, forthwith forward a copy of the decision of the Board to the patent delegate and, where appropriate, to the complainant or the Chairman of the Board of the Order, as well as, if the decision is to be taken A measure has been imposed on it, on the desk. The copy of the decision shall state the means of redress available to the decision.

  • 5 In the case of the imposition of the measures, Article 23u, first paragraph, points (c) and (d) , the council shall communicate to the relevant patent agent, by registered letter, after the decision has become final, the date on which the measure takes effect.


Article 23w

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  • 1 Against a decision of the Supervisory Board as referred to in Article 23h may, within 30 days of the date of dispatch of the letter, be referred to in Article 23v, fourth paragraph , appeal to the Gerechtshof te ' s-Gravenhage.

  • 2 The appeal shall be lodged with appeal. The Registrar of the Court of Justice shall, by transmission of a copy of the notice of appeal, inform the Supervisory Board forthwith to the Office and, in so far as the appeal has not been brought by him, to the complainant and the patent agent.

  • 3 The court retreats the case to its full extent.

  • 5 Unless the Court decides that the action is inadmissible or that there is no reason to impose any measure, it shall impose a measure as referred to in Article 4 (2). Article 23h .

  • 6 Article 23v shall apply mutatis mutandis to the decision of the Court of Justice, except that 'the Supervisory Board' shall be replaced by the following: the Court of Justice, rather than the 'President of the Council', shall be replaced by the following: and instead of "Secretary of the Council": Registrar of the Court of Justice.

  • 7 Against decisions of the court, no appeal has been admitted.


Article 23x

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  • 1 Of a decision of the Supervisory Board referred to in Article 23h and of a decision of the court as referred to in Article 23w, fifth paragraph May be reviewed by the person against whom the decision has been taken, if there is a serious suspicion that a different decision would have been taken on the basis of any circumstance which has not been established in the decision to take the decision, if that circumstance would have been known.

  • 2 Of a decision on the imposition of the measure, Article 23u, first paragraph, point (d) The decision may be made by the person against whom the decision has been taken after five years after the decision has become irretrievable.

  • 3 As regards the revision referred to in paragraph 1 and the amendment referred to in paragraph 2, the Gerechtshof te ' s-Gravenhage has jurisdiction. These procedures do not result in the imposition of a heavier measure. The Articles 23s , 23t and 23w, second to seventh members , shall apply mutatis mutandis to the review and amendment.


Article 23y

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  • 1 An interested party may object to a decision in the examination board as referred to in the Article 23c, fifth paragraph , against a decision not to allow him or her until the examination or aptitude test and against the assessment of the examination or aptitude test.

  • 2 An interested party may object to the supervisory board against an appointment of a patent agent as an accompanying trainee as intended. Article 23h, third paragraph .

  • 4 The administrator may request the supervisory board to suspend the suspension provided for in the Article 23m, first paragraph -To lift it. The Articles 23s , 23t and 23v, 1st Member , mutatis mutandis, shall apply to the request for the suspension of the suspension. If the Supervisory Board lifts the suspension, the Secretary of the Council shall forthwith forward a copy of the decision of the Board to the liquidator, the person concerned and the Bureau.

  • 5 An interested party may appeal to the Gerechtshof te ' s-Gravenhage to appeal against a decision referred to in the first or second paragraphs, or against a decision on the application as referred to in the fourth paragraph.


Article 23z

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Our Minister shall transmit within five years of the entry into force of paragraph 1a of Chapter 2 of this Act and, thereafter, after four years, to the States-General, a report on the effectiveness and effectiveness of the functioning of the order.


§ 2.

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Article 24

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  • 1 An application for a patent shall be filed with the Office and must:

    • a. Indicate the name and address of the applicant;

    • (b) indicate the name and place of residence of the person who has done the invention, unless it appears, according to a written declaration attached to the application, that he does not award an indication as an inventor in the patent;

    • c. contain a request for the grant of a patent;

    • (d) contain a brief indication of what the invention relates to;

    • e. are accompanied by a description of the invention which, at the end of the day, gives a description of what is intended solely for the right to be obtained;

    • f. shall be accompanied by an extract of the description.

  • 3 The application and other documents are either in Dutch or in English, with the exception of the conclusions which were made in Dutch.

  • 4 The application, description of the invention, the drawings and the extract must also comply with the other provisions of the Ministerial Regulation.

  • 5 In the case of the application, a documentary evidence showing that an amount has been paid to the Agency in accordance with a rate fixed by or on the basis of a general measure of public administration shall be provided.


Article 25

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  • 1 The description of the invention is clear and complete and shall be drawn up in such a way as to enable the invention to be understood by an expert and to be applied on the basis of such an invention. The description, given in one or more conclusions at the end of the description, is accurate. The description shall be accompanied, where appropriate, by drawings corresponding to them.

  • 2 Where an invention relates to biological material which is not publicly accessible and cannot be described in the description in such a way that the invention can be applied by an expert, or if the use of such biological material implies, the description is only sufficient if the biological material has been deposited at the latest on the day of filing of the application in the case of an update or a general measure of The institution of the State shall be established.

  • 3 If an invention relates to a sequence or a partial sequence of a gene, the description shall include a concrete description of the function and industrial application of this sequence or partial sequence. In cases where a protein or partial protein has been used for the production of a protein or partial protein, the description of the industrial applicability contains a precision of the protein or partial protein that has been produced and the function thereof.

  • 4 In the case of a general measure of government administration, detailed rules shall be laid down in respect of:

    • a. Data included in the application with respect to the characteristics and identification of the deposited biological material; and

    • b. The accessibility and availability of the deposited biological material.


Article 26 [ Expired by 20-11-1998]

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Article 27

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Any application for a patent may relate only to a single invention, or to a group of inventions, which are so interconnected, that they are based on a single general concept of invention. Detailed rules may be laid down in the case of a general measure of public administration.


Article 28

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  • 1 The applicant may divide its already submitted application by submitting a separate application for a part of its contents. This application shall be made, except for the purposes of application of the Article 30, first paragraph , 31, third member , and 32, second paragraph , to be considered as having been submitted on the day of the original application.

  • 2 The applicant may amend the description, conclusions and drawings of his application already submitted.

  • 3 The content of the original application shall be covered by the subject matter of the divisional or modified application.

  • 4 The division or amendment may be made until the date of application of the patent application Article 31, first or second paragraph , to be entered in the patent register, except that for the split or amendment a period of at least two months after the dispatch of the Article 34, fourth paragraph , the communication referred to above is open. At the request of the applicant, the Agency may extend that period to four months after the date of dispatch of the Article 34, fourth paragraph , the communication referred to.


Article 29

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  • 1 The date of filing of the application shall be the date on which the application was submitted:

    • a. an explicit or implicit indication that the particulars and documents are intended as an application;

    • b. data enabling the identity of the applicant to be established or which will enable the agency to contact the applicant and

    • c. Data which, at first sight, appears to be a description of the invention, irrespective of the language in which the description is drawn up.

  • 2 The Bureau shall indicate the date referred to in paragraph 1 and a number on the application and shall publish it as soon as possible to the applicant.

  • 3 If the Bureau is of the opinion that the particulars and documents submitted do not comply with the provisions of the first paragraph, the Office shall inform the applicant as soon as possible and shall give the applicant the opportunity to do so within a period of time -general measure of public administration, to supplement the application period.

  • 4 Where a missing part of the description is submitted to the Agency within the time limit set under the third paragraph, that part of the description shall be attached to the application and the date of submission shall be the date on which the Agency was has been received part of the description or the date on which the requirements set out in paragraph 1 are fulfilled, if that date is later than the date on which the missing part of the application was received by the Agency.

  • 5 If, after the expiry of the period referred to in the third paragraph, the documents submitted do not meet the requirements of paragraph 1, the office shall refuse to enter the date referred to in paragraph 1. It shall make its decision known as soon as possible to the applicant.

  • 6 With a reference to an application submitted previously, the provisions of paragraph 1 shall be complied with. In the case of, or under a general measure of public administration, detailed rules on the reference to a previously submitted application shall be laid down.


Article 30

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  • 1 If failure to comply with and pursuant to Article 24 Certain, the Agency shall give it within one month of the date of Article 29, first paragraph The date of submission or, in the case of a division of the application, within one month of the date of submission of the divisional application, notify the applicant in writing, indicating the rules which have not been met.

  • 2 If the deficiencies have not been remedied within three months of the date of dispatch of the notification referred to in paragraph 1 or if the applicant has previously informed the Commission not to remedy the deficiencies, the Agency shall decide not to apply the application for the purpose of the application. - The Agency shall make its decision known as soon as possible to the applicant.


Article 31

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  • 1 The Office shall register a patent application in the Patent Register as soon as possible after eighteen months:

    • a. after the in Article 29, first paragraph , referred to as the date of submission, or

    • (b) where an application for which an action has been made on one or more rights of priority after the first date of priority.

  • 2 At the written request of the applicant, the invitation to tender shall take place at an earlier time.

  • 3 The registration of a divisional application as referred to in Article 28 shall be made as soon as possible after their submission, but not earlier than the registration of the original application.


Article 32

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  • 1 The applicant shall request the Agency not later than 13 months after:

    • a. the Article 29, first paragraph , referred to as the date of submission, or

    • (b) where an application for which an action has been made on one or more rights of priority, the first date of priority, with a view to the award of the patent prior to examination of the state of the art in respect of the subject matter of the patent application.

    The request shall be paid to the Bureau in accordance with a rate fixed by or on the basis of a general measure of public service. The request shall not be taken into consideration until such time as this sum has been received by the Agency.

  • (2) Where the application is a divisional application, as referred to in Article 28 , the request referred to in paragraph 1 shall be made within 13 months of the date of filing or priority of the original application referred to in the first paragraph, or, whichever is the later, within two months of the date of submission of the divisional application. application.

  • 3 If the applicant has not requested the examination referred to in paragraph 1 in good time, or the amount referred to in paragraph 1 has not been received by the Office, the Bureau shall decide not to deal with the application. The Agency shall make its decision known as soon as possible to the applicant.


Article 33 [ Exp. by 05-06-2008]

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Article 34

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  • 1 An examination of the state of the art as referred to in Article 32, first paragraph It shall be carried out by the Bureau, where appropriate with the involvement of the European Patent Office, as referred to in the European Patent Convention.

  • 2 If the applicant so requests, the Bureau shall submit the application to an examination of the state of the art of an international type as referred to in Article 15 (5) of the EEC Treaty. A , of the Cooperation Treaty. Such an examination of the state of the art shall be regarded as an examination of the state of the art as set out in the Annex. Article 32, first paragraph .

  • 3 If the examination shows that the application submitted does not comply with the application or Article 27 certain, it shall be carried out in respect of those parts of the application relating to the invention or to the group of inventions as referred to in Article 27 This is the first to be mentioned in the conclusions.

  • 4 The Agency shall inform the applicant in writing of the results of the examination of the state of the art.

  • 5 Where application is given to paragraph 3, the Agency shall notify it of the invention or group of inventions in respect of which the investigation has been carried out in the communication referred to in the fourth paragraph.


Article 35

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  • 1 If the Bureau considers that the examination of the state of the art is not practicable because of the lack of clarity of the application, the Bureau shall, as soon as possible, give a written and reasoned note to the applicant.

  • 2 If the deficiencies have not been remedied within two months of the date of dispatch of the notification referred to in paragraph 1 or if the applicant has previously informed that it does not wish to recover, the Agency shall decide not to apply the application for the purpose of the application. - The Agency shall make its decision known as soon as possible to the applicant.


Article 36

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  • 1 The Office shall issue the patent as soon as the patent application is entered in the Patent Register, but not earlier than two months, or, if Article 28 (4), fourth paragraph, second sentence , has been applied, four months after dispatch of the Article 34, fourth paragraph , the communication referred to. It does so in the patent register. At the request of the applicant, the Office shall grant the patent at an earlier time after the result of the examination of the state of the art as intended Article 34, fourth paragraph It was sent.

  • 2 The granting of a patent shall be effected by placing a dated note on the application in the form in which it was submitted or in accordance with the provisions of the Articles 28 or 30, second paragraph , changed.

  • 3 The Office shall issue a certified copy of the description and drawings accompanying the application and provide a certified copy to the applicant for the purposes of the application.

  • 4 If application is given to Article 34, third paragraph , the patent exclusively relates to that invention or group of inventions as intended. Article 27 This is the first to be mentioned in the conclusions.

  • 5 The result of the examination of the state of the art shall be annexed to the specification.

  • 6 A patent granted under this Article shall remain in force until the expiry of a period of twenty years from the date of the expiry of a period of twenty years, except in the case of revocation, surrender or destruction by the court of justice. Article 29, first paragraph , date of submission.


Article 37 [ Exp. by 05-06-2008]

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Article 38

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  • 1 Any person may communicate to the Agency in writing particulars of a patent application or the patent granted thereon. The Agency shall communicate this information to the applicant or to the proprietor of the patent in so far as it does not originate from them.

  • 2 If the Article 24, first paragraph, point (b) , if the inventor is incorrect, or has been certified by an inventor other than the inventor who is not to be awarded the patent by reference, the applicant and the inventor may jointly, under payment of a check on whether or not the inventor is (i) the amount to be determined by virtue of a general measure of public administration, requesting the Agency to make the necessary improvements in this regard. Where appropriate, the request shall be accompanied by the written consent of the person wrongly identified as an inventor.


Article 39

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  • 1 The revocation of a patent application registered in the patent register shall not have effect vis-vis third parties until such time as it is not irrevocably decided on legal proceedings in respect of the application, which are evidenced by documents registered in the patent register. have been set.

  • 2 Where, following an irrevocable decision on a legal claim as referred to in paragraph 1, the right to obtain a patent is due, or to a person other than the applicant, the revocation shall be deemed to have not taken place.

  • The Agency shall act on a revocation of a note in the patent register.


§ 3. Confidentiality of the content of patent applications

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Article 40

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  • 1 If the Bureau is of the opinion that the confidentiality of the contents of a patent application may be in the interests of the defence of the Kingdom or its allies, it shall do so as soon as possible, but no later than three months after the end of the period of application. The filing of the application shall be known. Our Minister of Defence may give instructions to the Office as to the assessment of the question, or may be present in such a manner.

  • 2 At the same time as the publication referred to in paragraph 1, the Bureau shall forward copies of the decision and of the description and drawings made to the application for the application.

  • 3 Where application of the first paragraph is applied, the registration shall be suspended in the patent register of the application.


Article 41

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  • 1 Within eight months of the filing of a patent application as referred to in Article 40 Our Minister of Defence or the contents of the application must remain secret in the interests of the defence of the Kingdom or its allies. He shall announce his decision to the Agency.

  • 2 A decision to remain secret of the contents of the application has the effect of suspending the registration in the patent register of the application until three years after the publication of the decision.

  • 3 The suspension shall end if:

    • (a) Our Minister shall decide that the application need not be kept secret;

    • (b) a decision has been taken within the period specified in the first paragraph.

  • 4 Our Secretary of State may, within six months before the expiry of the period of suspension, extend that period by three years. He shall announce his decision to the Agency.

  • 5 Our Minister may decide at any time that the contents of the application need no longer be kept secret. The effect of the decision shall be to suspend the suspension.

  • 6 The Agency shall notify the applicant without delay of a decision made pursuant to paragraphs 1, 3 or 4 of this paragraph. It shall also inform it without delay if a decision has been taken as provided for in the third or fifth paragraph.

  • 7 As long as the suspension has not been completed, the Agency shall, at the request of the Minister referred to above, forward to this copy all the documents which have been exchanged between the Agency and the applicant.

  • 8 If the suspension ends, the registration of the application shall nevertheless be entered in the patent register, unless at the request of the applicant, not before three months have elapsed.


Article 42

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  • 1 The State shall grant the person, in respect of whose patent application the Articles 40 , 41 or 46 have been applied, at his request, compensation for damages, which he has suffered through the application of those articles.

  • 2 The amount of compensation shall be fixed after the end of the suspension. However, in the event of an extension of the period of suspension under Article 41, third paragraph , the amount of the compensation shall be fixed at the request of the applicant in instalments, the first of which relates to the period prior to the commencement of the first extension, the following in the period between which the applicant is responsible for the period between the two two successive extensions and the last in the period from the start of the last extension until the end of the suspension; the determination shall then be made after the expiry of the time space concerned.

  • 3 The determination shall be made as far as possible by our Minister of Defence and the applicant by mutual agreement. If no agreement has been reached within six months from the end of the time space for which the fee must apply, Article 58, sixth paragraph, first sentence , mutatis mutandis.


Article 43

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  • 1 If an applicant requests the contents of a patent application to be kept secret in the interests of the defence of another State or the Government of that State makes such a request, the Agency shall, provided that the applicant has received a written record of the application, send a notice of the application of the law of the declare a waiver of any compensation for damage which he may suffer as a result of the application of this Article, without delay, and of the description and drawings of the application, as well as of the said documents, and of the said Distance declaration, to our Minister of Defence. In that case, the registration shall be suspended in the patent register of the application. In the absence of a waiver of distance, the Bureau shall immediately inform our Minister of that State of any information.

  • 2 Within three months of the lodging of the application, our Minister may, provided that it has been established that the applicant has been subject to confidentiality by the State concerned and has obtained a consent from that State, to the effect that the content of the application must remain secret in the interests of the defence of that State. The decision shall be published to the applicant and to the Agency.

  • 3 A decision as referred to in paragraph 2 shall have the effect of suspending the registration in the patent register of the application until the Minister's decision is made that the application no longer has to remain secret. If a decision has not been taken within the period referred to in the second paragraph, the suspension shall end.


Article 44

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  • 1 In the event that our Minister of Defence considers that the interests of the defence of the Kingdom are in progress, that the State, the State, for which a patent is applied for in an application, Article 40 , 41 or 43 has been applied, used, applied or used or applied it, he may proceed to that end after making the relevant decision known. This Decision specifies precisely those acts which the State must be able to perform or carry out.

  • 2 The State shall pay the applicant a fee for the use or application under the first paragraph.

  • 3 The amount of the allowance shall be determined by both Minister and the applicant by mutual agreement if possible. If no agreement has been reached within six months of the date of publication referred to in the first paragraph, Article 58, sixth paragraph, first sentence , mutatis mutandis.


Article 45

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If the State is itself the proprietor of a patent application and our Minister of Defence makes it known to the Office that its contents must remain secret in the interests of the defence of the Kingdom or its allies, the entry in question shall be: suspending the patent register of the application, until the Minister is published to the Office, that the contents of the application need no longer be kept secret.


Article 46

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  • 1 A European patent application, the content of which, which the applicant knows or should reasonably suspect, must remain secret in the interests of the defence of the Kingdom or its allies, must be submitted to the Office.

  • 2 The Office shall forward to our Minister of Defence without delay a copy of the description and drawings filed in the application.

  • 3 At the latest three weeks before a European patent application is to be forwarded to the European Patent Office, Our said minister to the office is known whether the contents of the application are in the interest of the defence of the Kingdom or His allies must remain secret.

  • (4) If a notice under paragraph 3 has been taken in the denials, or if a notice has not been published, the Office shall send the European patent application, subject to the provisions of the European Patent Convention for that purpose. by the European Patent Office provided for in that Convention.

  • 5 The Bureau shall notify the applicant of any publication pursuant to paragraph 3 or of its non-disclosure without delay.


§ 4. Deposed European patent applications

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Article 47

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A European patent application, which fulfils the requirements of Article 80 of the European Patent Convention and is subject to Article 77 (3) of that Treaty, shall be deemed to have been repealed and which, as an annex to a regular application to the Convention, shall be The application for a patent in the Kingdom of the Office, hereinafter referred to as the amended application, shall be deemed to be an application addressed to the Bureau and filed with the Office for the purpose of filing for a patent as referred to in Article 3 (1). Article 24 .-A request for transposition is regular if it is done in good time in compliance with the provisions of the Eighth Part, Chapter I, of the European Patent Convention and has been forwarded to the Bureau.


Article 48

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  • 1 The date on which the application was submitted shall be the date on which it entered the office and a serial number. The Agency shall notify the applicant as soon as possible.

  • 2 For the converted application, it must be Article 24, fifth paragraph The proof of payment shall be presented within three months of the date of entry referred to in the first paragraph. If the European patent application has not been filed in the Netherlands, a translation into the Netherlands of the original documents of that application must be produced within the same time limit. The translation shall be part of the submitted application; it must be certified, at the request of the office, within a period to be set by that office. If the provisions of this paragraph have not been complied with, the Agency shall give the applicant once the opportunity to rectify its failure to act within a period to be set by the Office. If the applicant has not recovered his absence in due time, the Bureau shall decide not to deal with the application. The Agency shall make its decision known as soon as possible to the applicant.

  • 3 On the converted application, the application or Article 24 provided that they derogate from, or supplement the provisions of, the European Patent Convention; in that case, the latter provisions shall apply to the converted application.

  • 4 Once the applicant has complied with the second paragraph, the Agency shall verify that the application complies with the requirements of the Article 24 certain or, where applicable, the provisions of the European Patent Convention referred to in the third paragraph. If that is not the case, or if the disclosure of the invention is contrary to public policy or to good mores, the Bureau shall notify the applicant in writing as soon as possible, giving notice of the rules which has not been met. Article 30, second paragraph , shall apply mutatis mutandis.

  • For the purposes of the application of the Articles 31, 1st paragraph , 36, 6th paragraph , and 61, 1st Member , to be applied to the converted application instead of ' Article 29, first paragraph 'Date of filing': the date of filing which the application shall have in accordance with Article 80 of the European Patent Convention in accordance with Articles 61 or 76 of that Treaty. By way of derogation from Article 32, first and second paragraphs , an application for a patent prior examination of the state of the art relating to the subject matter of the converted patent application or a divisional application may be filed within two months of the application of the patent application. By Article 48, first paragraph On the date of application referred to above, within two months of the filing of the divisional application.

  • 6 The Article 31 in the case of the registration provided for in the register of patents, it shall not take place earlier than after it has been established that the requirements referred to in paragraph 4 have been satisfied or the deficiencies have been corrected.

Chapter 3. Provisions relating to European patents

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Article 49

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  • 1 With due regard to the provisions of this Law on European patents, from the day on which the publication is published in accordance with Article 97 (3) of the European Patent Convention, the same legal effects and the same legal effects shall be taken. subject to the same duty as the corresponding Article 36 Patents granted by this Law of the Law.

  • 2 A European patent, except pending revocation or destruction by the court, shall remain in force until the expiry of a period of twenty years from the date of its submission, which shall be the European patent application, which shall be the subject of the European patent has led, pursuant to Article 80 of the European Patent Convention, in compliance with Articles 61 or 76 of that Convention.

  • 3 For the purposes of the application of the Articles 55, 1st paragraph , 57, fourth member , and 77, 1st Member , European patents are the date of transmission: the date of filing which, pursuant to Article 80 of the European Patent Convention, the European patent application, which led to the European patent in question, has been made subject to Article 61 or Article 80 of the Statute of the European Patent Convention. 76 of that treaty.


Article 50

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  • 1 A European patent shall be deemed to be from the outset, in whole or in part, not Articles 53 , 53a , 72 and 73 must have had legal effects according to whether the patent has been wholly or partly revoked or limited.

  • 2 The retroactive effect of the revocation shall not affect:

    • (a) a decision, other than a provisional provision, in respect of acts contrary to the provisions of the Articles 53 and 53a provided that only the proprietor of the proprietor of the patent or the acts referred to in the Articles 72 and 73 , which has been res judiced for the revocation and has been implemented;

    • b. a contract concluded for revocation, to the extent that it has been executed for revocation; however, equity payments may be required from amounts paid under this Agreement to the extent that the contract has been revocable; of which circumstances are justified.

  • 3 For the purposes of applying the second paragraph, B The conclusion of an agreement means the generation of a licence on another in the Articles 56, second paragraph , 59 or 60 indicated method.


Article 51

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  • 1 The Office shall publish without delay the publication of the notice of a European patent pursuant to Article 97 (3) of the European Patent Convention, without delay.

  • 2 The Office shall record without delay in the Patent Register the establishment of an opposition procedure, a restriction procedure or a procedure for the withdrawal of a European patent, specifying the date on which it was to be made and decisions taken by the European Patent Office in respect of such procedures.


Article 52

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  • 1 The person to whom a European patent has been granted, if the patent has been granted in a language other than English, shall, within a period to be determined by a general measure of public administration, a translation into English or English. of the text in which the European Patent Office decides to grant that patent. In addition, the person who has been granted a European patent shall, within a period to be determined by a general measure of public administration, send a translation into the Netherlands of the form of order sought by the patent granted. When the translation is submitted, an amount shall be paid, the amount of which and the period within which payment is made, in the case of a general measure of the administration of the public.

  • 2 The translations referred to in paragraph 1 shall comply with the rules of procedure to be laid down by a ministerial arrangement. If, on receipt within the period referred to in the first paragraph, a procedural requirement has not been complied with, the Agency shall without delay notify the proprietor of the proprietor of the proprietor of the proprietor of the patent, stating the requirement which has not been fulfilled and of the period of time where the observed defect can be eliminated.

  • 3 Without Delay after receipt of the translations provided for in paragraph 1, the office shall record it in the patent register.

  • 4 The European patent is deemed to be from the outset not the Article 49 have had legal effects, if:

    • (a) within the time limits referred to in paragraph 1, the translations referred to in paragraph 1 have not been received by the Office in the form of payment of the amount due under that paragraph, or

    • (b) within the period referred to in the second paragraph, the specified requirements shall not be complied with.

  • 5 If a circumstance as referred to in the fourth paragraph arises, the Office shall without delay enter into the patent register.

  • 6 The first to paragraph 5 shall apply mutatis mutandis where amendments have been made by the European patent during the opposition procedure or the restriction procedure.

  • 7 The patent holder may at any time forward to the Agency an improved translation under payment of an amount, the amount of which shall be determined by or under a general measure of the State administration. The first paragraph, second sentence, and the second and third paragraphs shall apply.

  • 8 From the date on which the Article 51, first paragraph , as referred to in the patent register, all documents relating to the European patent which the Bureau has reached or to the proprietor of the European patent, or to third parties may be notified free of charge. have taken a position under the provisions of this Law on the Law of the Law. The Bureau shall notify all such documents as soon as possible, but not to the time referred to in the first sentence, in the Article 20 said sheet.

  • 9 Where the translation, referred to in the first or seventh paragraph, the scope of protection of the European patent application or the European patent is more limited than the protection afforded by that application or by that patent in the language of the case, the text of the translation of the European patent application or patent is limited to the limits of the patent application. that translation as authentic text, except in the case of application of Article 75 .

  • 10 If a proprietor of a European patent informs an alleged infringement army of the infringement of his patent, the proprietor of that patent shall, upon request of an alleged infringement army, make a translation into Dutch of the text of the patent and shall provide that text to the applicant.

  • 11 The costs of the translations shall be borne by the proprietor of a patent.

Chapter 4. Legal effects of the patent

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§ 1. Rights and obligations of the proprietor of the patent

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Article 53

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  • 1 A patent gives the patent holder, subject to the provisions of the Articles 53a to 60 , the law only:

    • (a) to manufacture, use, to put into circulation or to sell, to lease, to sell, to sell or otherwise to sell, to import, to import for, or to offer, the patented product in or to his business, or to introduce, to import, to enter or to offer to be in stock;

    • (b) to apply the patented process in or to his business or to use, to put into circulation or to sell the product directly obtained by applying that method, in or for his company, or to lease it, to be delivered or otherwise to be marketed or to be supplied, to be imported or to be supplied in stock.

  • 2 The exclusive right shall be determined by the conclusions of the specification, in which the description and the drawings are to be interpreted as an explanation of those conclusions.

  • 3 The exclusive right does not cover transactions solely for the examination of the patented process, including the product obtained directly by the application of the patented process.

  • 4 The implementation of the necessary studies, tests and trials for the purposes of applying Article 10 (1), (1) to (4) of Directive 2001 /83/EC on the Community code relating to medicinal products for human use -use (PbEG L 311) or Article 13, first to fifth paragraph of Directive 2001 /82/EC on the Community code relating to veterinary medicinal products (PbEG L 311) and the resulting practical requirements are not considered to be an infringement of patents relating to medicinal products For human use or for veterinary medicinal products respectively.

  • 5 A product as referred to in paragraph 1 (a) or (b) may be lawfully placed on the market in the Netherlands, Curaçao or Sint Maarten, or by the proprietor of the patent or with his consent in one of the Member States of the European Community or in any other State Party to the Agreement on the European Economic Area shall enter into circulation, the transferee or subsequent holder shall not act in violation of the patent, by using this product in or for his business, to sell, to lease, to deliver, or otherwise to trade, or to apply for one or another provide, enter, or have in stock.

  • 6 A product referred to in paragraph 1 (a) or (b) which is the subject of a patent or, in the case of a European patent, for the day on which the entry of the European Patent Convention is mentioned in accordance with Article 97 (3) of the European Patent Convention the grant of the European patent has been published, produced in a company, and notwithstanding the patent for the service of that company.


Article 53a

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  • 1 With regard to a patent for biological material which has acquired certain characteristics by the invention, it is exclusively entitled to any biological material which is derived from it by means of propagation or multiplication in the same way. whether it is extracted in a differentiated form and has the same characteristics.

  • 2 With regard to a patent for a method of production of biological material which has been given certain characteristics by the invention, it is exclusively the object of the biological material directly affected by it. It shall be obtained and any other biological material obtained by means of propagation or multiplication in the same or in a differentiated form from the biological material directly extracted, and that those same properties are extracted This is

  • 3 As regards a patent for a product consisting of, or containing, genetic information, it is exclusively entitled to any material in which it is processed and in which the genetic information is obtained. is incorporated and carries out its duties, without prejudice to: Article 3, first paragraph, part b .


Article 53b

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  • 1 The right referred to in Article 53a Does not extend to biological material obtained either by propagation or by propagation of biological material lawfully put into circulation in the Netherlands, Curaçao or Sint Maarten, or by the proprietor of the patent or with his/her own in one of the Member States of the European Community or in another State party to the Agreement on the European Economic Area has been brought into circulation, if the propagation or propagation necessarily is arises from the use for which the biological material has been put into circulation, provided that: derived material subsequently not used for any other propagations or multiplications.

  • 2 The right to be used Article 53a Nor does it extend to acts with biological material which serve to breed, or detect and develop other plant varieties.


Article 53c

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  • 1 By way of derogation from Article 53a holds the sale or another form of circulation, by the proprietor of the patent or with his or her consent, of vegetable propagated material to a farmer for agricultural exploitation purposes for the latter the right to the right to products from his harvest for further propagation or propagation by using himself on his own holding, account being taken of the provisions of Article 14 of this Regulation Regulation (EC) 2100/94 of the Council of the European Union of 27 July 1994 on Community plant variety rights (PbEG L 227).

  • 2 By way of derogation from Article 53a holds the sale or another form of circulation, by the proprietor of the patent or with his consent, of breeding stock or animal propagative material to a farmer for the latter the right to be covered by a patent protected by a patent to use agricultural purposes.

  • 3 Under the terms of use for agricultural purposes referred to in paragraph 2, the following shall be understood as making available to the farmer the animal or animal propagative material for use in the agricultural holding of the farmer, but not the sale of the animal in the context of, or for the purposes of, commercial breeding.

  • 4 In the case of a general measure of public administration, our Minister, in agreement with our Minister of Agriculture, Nature and Food Quality, may lay down detailed rules on the right referred to in the second or third paragraphs.


Article 54

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The exclusive right of the proprietor of the proprietor of the patent shall not extend to:

  • a. the use on board ships of other countries of that which constitutes the object of its patent, in the ship itself, in the machines, the ship because, the rigging and other associated cases, when those ships are temporarily or by chance in the ship; the Netherlands, Curaçao or Sint Maarten waters, provided that the intended use will be exclusively for the purpose of the ship;

  • b. the use of that which is the subject of his patent, in the construction or operation of machines of other countries, or of accessories thereof, of other countries which are operating in the air or land of the propulsion system, when temporary or by chance of staying in the Netherlands, Curaçao or Sint Maarten;

  • (c) acts referred to in Article 27 of the Convention on International Civil Aviation established in Chicago on 7 December 1944 ( Stb. 1947, H 165), provided that such acts relate to an aircraft of a State other than the Kingdom or a country of that State referred to in point (c) of that Article.


Article 55

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  • 1 The person who, in the Netherlands, Curaçao or Sint Maarten, which has been asked by another patent, has already made or applied in the Netherlands, Curaçao or Sint Maarten in or for his company or to his/her intention to manufacture or apply a commencement of performance issued on the day of submission of that application or, if the applicant enjoys a right of priority under Article 9, first paragraph In accordance with Article 87 of the European Patent Convention, on the day on which the application is filed which is based on the right of priority, notwithstanding the patent, the prior user shall have the right to act. Article 53, first paragraph , unless he has derived his knowledge from what has already been manufactured or applied by the patent applicant, or to descriptions, drawings or models of the patent applicant.

  • 2 The first paragraph shall apply mutatis mutandis to that part of the continental shelf adjacent to the Netherlands, Curaçao or Sint Maarten, to which the Kingdom has sovereign rights, but only insofar as it relates to the territory of the Kingdom of the Netherlands, focused on and carried out in the course of research into the presence of natural resources or winning them.

  • 3 The person who, in good faith, which is the subject for which another European patent has been granted, has already produced, or applied for, or before his undertaking, whether or not he intended for the manufacture or application of which it has begun to implement the date on which an improved translation as referred to in Article 52, seventh paragraph The patent has been entered in the patent, notwithstanding the fact that the patent has jurisdiction to Article 53, first paragraph In so far as these acts do not infringe the exclusive right of the proprietor of the patent, the law in this case is determined by the content of the conclusions of the text of the patent and its interpretation of that law. description and drawings mentioned in the earlier, flawed translation into Dutch.

  • 4 The powers referred to in the first and third members shall only be carried out with the holding on others.


Article 56

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  • 1 The licence of the proprietor of the proprietor of the proprietor of the proprietor of the proprietor of the proprietor Article 53 to others than not to let him be free. Such power shall extend to all acts referred to in the said Article and shall be valid for the entire duration of the patent, except where the grant of the licence has been granted a less bulky right.

  • 2 A licence is created by an agreement, by an accepted disposition disposition or, according to the Articles 57 and 58 By a decision of Our Minister or by a judgment of a judgment which has been res judiced. The licence which has been created by an agreement or accepted disposition shall be valid vis-vis third parties after the title is entered in the patent register. The amount to be fixed for the purpose of the tender shall be the amount to be fixed by or under the general measure of public administration.

  • 3 If the right to a fee for a licence pursuant to Article 75, eighth paragraph , or Article 78, fourth paragraph In the case of another person, the new rightholder is entitled to a part of the remuneration paid and payable in respect of the licence in relation to the period of time, during which the licence is still valid under normal circumstances of the licence. You must remain in force If what the licensee still has to pay is not enough to give the new rightholder what is due to him, then it has to do with the missing story on the former.

  • 4 In the case of, or under a general measure of public administration, detailed rules on the application for registration of a licence shall be laid down.


Article 57

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  • 1 The Minister may, if the general interest progressates in his judgment, grant a patent under a patent a licence of his or her specific character to a person nominated by him. Before the decision is taken, our Minister shall, unless the urgency of the matter has been brought to it, examine whether the proprietor of the patent is prepared to grant the licence voluntarily under reasonable conditions. To that end, he shall give the proprietor of the patent an opportunity in writing and, if so requested, to appear orally of his or her own-felt-felt- The decision shall be published to the proprietor of the patent and to the transferee of the licence. By its decision, our Minister may impose security within a specified time limit on the licence's transferee. The appeal of objection and appeal shall have suspensity, unless the decision of our Minister provides otherwise due to the urgency of the matter.

  • 2 If neither the proprietor of the patent nor any other licence under a licence issued after three years after the date of the application of the patent in the Kingdom or in any other State designated by a general measure of public administration, has establishment of industry, in which the product concerned is sufficiently manufactured or the process in question is used, the proprietor of the patent is obliged to take the necessary steps to ensure that it is in operation. license to be issued, unless valid reasons for the lack of such establishment prove to be exist. This obligation arises for the proprietor of a European patent, if not after a period of three years from the date on which, in accordance with Article 97 (4) of the European Patent Convention, an indication of the grant of the European patent is given. published in the Netherlands, Curaçao or Sint Maarten or in any other State designated by a general measure of public administration.

  • 3 The second paragraph shall not apply if the proprietor of the patent or another licence granted under a licence issued to him in that part of the continental shelf bordering the Netherlands, Curaçao or Sint Maarten, on which the Kingdom has sovereign rights, is not applicable to the proprietor of the court of the European Union. An establishment of industry, in which a sufficient number of operations are intended to be carried out in good faith, provided that such operations are directed to and are carried out in the course of the examination of the presence of natural resources. riches or winning them.

  • 4 The proprietor of the patent shall at all times be obliged to grant the licence which may be necessary for the application of a patent, granted on an application with an equal or later date of filing or, if the application is a right of priority existing, equal or later effective date, to the extent that the patent for which the licence has been requested embodies significant technical progress of significant economic importance; however, the proprietor of the patent shall be responsible for the granting of such a a licence which may be required for the application of a European patent first the time limit for the imposition of opposition to the European patent has expired or a set of opposition proceedings has been terminated. Such a licence shall not extend beyond what is necessary for the application of the patent of the transferee. The latter is obliged to grant the holder of the other patent reciprocal licence under his patent.

  • 5 The patent holder grants to a breeder a licence at a reasonable fee, if the breeder cannot obtain or operate a plant variety right on a plant variety without infrat the patent prior to that date and the licence necessary for the exploitation of the plant variety to be protected, which represents a significant technical advance of significant economic interest in relation to the invention protected by the patent.

  • 6 If a licence has been granted to a patent holder on the basis of Article 42, 2nd paragraph, of the Seeds and Planning Act , the proprietor of the patent is granted a reciprocal licence to the holder of the breeder's right at his request to use the protected invention on reasonable terms.


Article 57a

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By way of derogation from Article 57 a compulsory licence under a patent in the field of semiconductor technology can be granted only for non-commercial use by the government or for countering a conduct of which after a judicial or administrative procedure has been established that this anti-competitive position is restrictive.


Article 58

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  • 1 If the license, intended in Article 57, second, fourth, fifth or sixth member In fact, the licence shall be granted by the court to the party concerned, in any case not unduly granted. At the request of the plaintiff, the summons shall be entered by the Office in the Patent Register.

  • 2 If the patent has been granted under this Law, the claimant shall not be admissible in his action if he does not have the result of a summons as a summons in the form of a summons issued by the Bureau or in the European Patent Convention The European Patent Office shall examine the state of the art in respect of the subject matter of the patent for which the licence has been applied for.

  • 3 The granting of an on-land basis Article 57, fourth paragraph, first sentence , advanced license may be suspended with or without a time determination, if within two months of service of the subpoena in which the licence is filed, a claim for the destruction of the patent for which the license is granted advanced, is set.

  • 4 The court may, in defining the licence granted, deviate from what is requested and may, furthermore, impose security within a specified period. One on the grounds of Article 57, fourth paragraph, first sentence , licensed will only be transferred together with the patent of the licensee. One on the grounds of Article 57, fourth paragraph, first or third sentence , license granted expires not because the patent, for which the license was granted, due to the expiration of the Article 36, sixth paragraph That period has been terminated or has been claimed to be successful, but shall lapse in so far as the patent has been destroyed in whole or in part as a result of the claim referred to in paragraph 3.

  • 5 A decision as referred to in Article 57, first paragraph , or a court judgment which has been res judiced, shall be entered in the patent register by the bureau. If the lodging of security is imposed, the tender shall not take place before that obligation is fulfilled. The amount to be fixed for the purpose of the tender shall be the amount to be fixed by or under the general measure of public administration. The licence operates only after that registration, but also against them, who have obtained rights to the patent after the registration of the summons referred to in paragraph 1. A registered licence, which is based on Article 57, fourth paragraph , however, has been granted, shall operate back up to and including the day on which the summons is registered.

  • 6 By way of claim of the most conuded party, the court shall determine, in the absence of agreement, the remuneration to be paid by the holder of the licence to the patent holder. The judge may, in doing so, impose security within a specified period, or on the basis of the licence or tribunal. Article 57, first paragraph , whether or not the fifth paragraph of this Article confirm or amend certain security.


Article 58a

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  • 1 On grounds of Article 57 granted license is not exclusive.

  • 2 One on the grounds of Article 57 the licence granted cannot be transferred, together with the part of the undertaking or goodwill of that part of the undertaking, in which the licence is exercised.

  • 3 One on the grounds of Article 57 granted license may be revoked when, taking into account reasonable protection of the licensee ' s legitimate interests, the circumstances which led to the grant of the license cease to exist and the is unlikely to be revived. The authority which granted the licence shall examine on a reasoned request the continuation of the abovementioned circumstances.


Article 59

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  • 1 By Royal Decree, where the importance of the defence of the Kingdom of the Kingdom of the Kingdom of the Kingdom of the Kingdom of the Kingdom of the Kingdom of Belgium is progressing, the joint proposal of Our Minister and of our Minister, directly concerned, may be determined by the State competent in that decision to define precisely those acts to which the proprietor of a patent to be referred to in that Decision as a result of the application of the Articles 53 and 53a is exclusively authorised, to be self-performing or to be engaged by others. This power is valid for the entire duration of the patent, unless the decision provides for a shorter duration.

  • 2 After the entry into force of a decision as referred to in paragraph 1, our Minister, who shall take direct account of the latter, shall refer to the proprietor of the patent as to the compensation to be paid by the State to such a payment. If our Minister, who is directly concerned, does not reach agreement with the patent holder within six months of the entry into force of the relevant decision, Article 58, sixth paragraph , with the exception of the lodging of certain security, mutatis mutandis.


Article 60

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  • 1 Without prejudice Article 56, second paragraph, first sentence , a license is obtained by:

    • a. a decision of the Arbitration Committee provided for in Article 20 of the Treaty establishing the European Atomic Energy Community (Euratom) (Trb. 1957, 92);

    • b. a decision of Our Minister for the implementation of Article 21 of the said Convention.

  • 4 A licence as referred to in paragraph 1 shall not apply to Curaçao and Sint Maarten.


§ 2. Annual fee and distance

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Article 61

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  • 1 For the maintenance of a patent, for the first time before the start of the fourth year following the Article 29, first paragraph , the date of submission, on the last day of the month in which the application for a patent has been filed, or Article 28, first paragraph The following shall be regarded as having been submitted to the Bureau an amount to be fixed by or pursuant to a general measure of public administration.

  • 2 For the purpose of maintaining a European patent, each year shall, for the first time after the year referred to in Article 86 (4) of the European Patent Convention, but not earlier than before the start of the fourth year following the end of the period of application of Article 80 of the Treaty, be The date of filing of the European Patent Convention is an amount to be paid to the Bureau as referred to in paragraph 1 and on the last day of the month in which the date of the filing is lodged, which is the European patent application, which is the patent has led, pursuant to Article 80 of the European Patent Convention, in accordance with Articles 61 or 76 of the Statute of the Patent Convention of that treaty, possession. If the amount due for the first time is to be paid within two months of the date on which the mention of the provision of the European Patent Convention is to be given in accordance with Article 97 (4) of the European Patent Convention patent has been published, this amount may still be paid on the last day of the month in which this term ends.

  • 3 In the case of payment after the due date, the increases to be fixed by or on the basis of a general measure of the public administration shall be payable.


Article 62

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A patent shall expire automatically when the patent expires. Article 61 those amounts have not been paid within six calendar months of the expiry date mentioned. An endorsement of that expiry shall be recorded in the Office's Patent Register.


Article 63

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  • 2 The surrender shall be effected by the registration of an act to that effect in the patent register. The office does not write the deed until such time as there are persons who have obtained rights to the patent or licences, or have filed proceedings under the Patent Register, or have filed proceedings, the patent relating to, and those persons who have been granted the patent. have not been granted permission until the distance.


§ 3. The patent as a part of the assets

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Article 64

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  • 1 The patent and the right to patent are both in full law and in terms of a share in it for transfer or other transfer.

  • 2 The transfer and other transfer of the patent or of the right, arising from the patent application, may be entered by the Office in the Patent Register. The amount to be fixed for the purpose of the tender shall be the amount to be fixed by or under the general measure of public administration.


Article 65

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  • 1 The supply, required for the transfer of the patent or the right of a patent application, shall be made by a document containing the declaration of the rightholder, that he shall have the patent or the right arising out of the patent application, transfers to the acquirer, and of this one, that he assumes this transfer.

  • 2 Any reservation, the transfer relating to, shall be defined in the Act; in the absence thereof, the transfer shall be valid for unlimited purposes.

  • 3 The transfer shall work against third parties first when the document is entered in the patent register. The two Parties shall be equally empowered to make this invitation to tender.

  • 4 Article 88 of Book 3 of the Dutch Civil Code shall apply.


Article 66

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  • 1 If the patent is awarded jointly to several persons, their mutual relationship shall be governed by the agreement which has been established between them.

  • 3 For the payment of the Article 61 those amounts shall be jointly and severally linked to the rightholders.


Article 67

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  • 1 The right to a patent is established by means of an act and operates vis-vis third parties only when the document is entered in the patent register by the Office.

  • 2 The lien is required to enter domicile in a declaration signed by him, at the office of registration, in the Hague. If that choice has not been made, the office shall be the chosen place of residence.

  • 3 Amounts made in the pledge relating to licences to be issued upon registration shall be valid from the moment that they are registered in the patent register, including against third parties. Clauses relating to fees for licences already granted at the time of registration shall apply to the licence holder after having been granted the licence in the case of bailier's exploit.

  • 4 Acts, proving that the lien has ceased to exist or has become powerless, shall be entered in the patent register by the Office.

  • 5 In the case of, or under a general measure of public administration, detailed rules on the application for the registration of a pledge shall be laid down.


Article 68

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  • 1 The attachment is deposited and the minutes of seizure are entered by the office in the patent register with the corresponding application of the provisions of the patent. Dutch Code of Civil Procedure on the enforcement of the law on immovable property and conservatory on immovable property, except that in the minutes of seizure rather than the nature and location of the immovable property, an indication of the patent is to be entered.

  • 2 An estrangement, encumbrance, under-winding or grant of a licence, established after the registration of the minutes, cannot be relied upon against the attachment.

  • 3 The licence fee not yet paid for the registration of the minutes shall be subject to a herd placed on the patent after the registration of the registered herd has been served on the holder of the licence. Such fees must be paid to the notary for whom the execution will take place, provided that the service is expressly communicated to the licensee in writing, and subject to the rights of third parties which the executant must respect. What is paid to the notary is until the Article 69, second paragraph , the yield referred to. The Articles 475i , 476 and 478 of the Dutch Code of Civil Procedure shall be applicable mutatis mutandis.

  • 4 The registration of the minutes of seizure may be removed:

    • a. pursuant to a written declaration from the bailier that he/she orders the attachment of the attachment of the seizure or the seizure of the seizure;

    • (b) pursuant to a court order put up for registration which seeks to eliminate or cause the seizure of the seizure or seizure of the herd.

  • 6 In the case of, or under a general measure of public administration, detailed rules on the application for registration of a herd shall be laid down.


Article 69

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§ 4. Enforcement of the patent

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Article 70

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  • 1 The proprietor of the patent may retain his patent against any person who, without being entitled to do so, may. Article 53, first paragraph , the acts mentioned are carried out.

  • 2 The proprietor of a patent granted on the basis of this Law of Law is inadmissible in his action if he is not in a summons or at the conclusion of a requirement of a convention, as an annex, and for interim measures at the hearing, the result from an examination of the state of the patent with regard to the subject of the patent, established by the Bureau or the European Patent Convention referred to in the European Patent Convention.

  • 3 The court may ask the holder of a patent for a translation into Dutch of the patent and fix a time when such translation must be submitted. The proprietor of a patent shall not be admissible in his legal proceedings if he has not produced the translation at this time.

  • 4 Damages can only be claimed from him, who knew or was reasonably well aware that his actions were in breach of his or her actions.

  • 5 In addition to compensation for damages, the defendant shall be ordered to pay the profits received by the infringement and to take account of it and to be accountable; however, if the judge is of the opinion that the circumstances of the infringement have been if such a conviction does not give rise to such a conviction, he shall be able to condemn the defendant in damages. In appropriate cases, the court may determine damages as a lump sum.

  • 6 The patent holder may also set the claims for damages or the carrying out of profit on behalf or co-behalf of licensees or pandas, without prejudice to the jurisdiction of the latter in any of them or not on their behalf or on behalf of them by the the action brought by the proprietor of the proprietor of the patent in order to obtain direct compensation for the damage suffered by them or to assign a proportionate share of the profits to be carried out by the defendant. Licensees and pledges may only set up an independent claim as referred to in the third and fourth paragraphs if they have negotiated the competence of the proprietor of the patent.

  • 7 The proprietor of the proprietor of the patent shall have the power to recover or to recover from those cases a breach of his right to the right of his or her own property, or to recover from such cases the right to move, to the right of movement, to the right to make use of it; and to recover from the movement of materials and equipment which have been used mainly in the production of those items. The provisions of the Law of Civil Procedure the attachment and execution of the issue of movable property shall apply. In the case of a combination of another herd, the person who has seized the herd shall be responsible for this article. A claim as referred to in the first sentence shall be carried out at the costs of the defendant, unless special reasons prevent it. The assessment of the claim shall be based on an assessment of the seriousness of the infringement and of the action taken and of the interests of third parties.

  • 8 If an action is instituted to enforce a patent for an operation to manufacture a new product, it is presumed that the product in question has been manufactured in accordance with the patented process, unless the defendant shall be made to the contrary by a reasonable decision. In assessing whether a product is new, the contents of the product remain: Article 4, third and fourth paragraphs , aside from the patent applications.

  • 9 The proprietor of the patent shall have the power to seek an order for the cessation of services of intermediaries whose services are used by third parties in order to infringe his right.

  • 10 The proprietor of the patent shall have the power to claim that the person who has infringed his right is ordered to communicate to him all of the information known to him of the origin and distribution channels of the cases in which that infringement was committed; and provide all data relating thereto.

  • 11 The proprietor of the patent is entitled to claim that, in the event of a temporary continuation of the alleged infringement of that continuation, the condition relating to the payment of the security for compensation of the damage suffered by him is to be secured. The proprietor of the proprietor shall also be responsible for the continuation of the provision of services by an intermediary referred to in the eighth paragraph.

  • 12 The proprietor of the patent is entitled to claim that the defendant should be ordered to take appropriate measures to distribute information relating to the Award.


Article 71

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  • 1 Subject to the provisions of the fourth paragraph, the proprietor of the patent may claim a reasonable compensation from him, who, during the period, situated between the registration of the application which has obtained a patent in the patent register and the granting of a patent on that application, or any resulting therefrom Article 28 disjoined application, has carried out as stated in Article 53, first paragraph In so far as the proprietor of the patent has obtained exclusive rights for that purpose.

  • 2 Subject to the provisions of paragraph 4, the proprietor of the patent may also claim a reasonable remuneration of his or her, who after the grant of the patent referred to in paragraph 1, as referred to in that paragraph, carries out products which have been granted has been put into circulation during the period specified therein. The proprietor of the proprietor of the proprietor of the Council of the European Union may recover the same allowance from his or her own company after the grant of the patent for the purpose of his or her business. Article 53, first paragraph, point (a) or (b) Or in Article 53a has been used in its holding in the first paragraph.

  • 3 The compensation referred to in paragraphs 1 and 2 shall be payable only for acts carried out after 30 days after the person concerned has been in a bailier's exploit, in which precise indication of the part of the patent application on those acts are referred to the right to the patent under this Article.

  • 4 The right to the proprietor of the proprietor of the patent under this Article shall not extend to acts carried out by an act of that Article 55 or by the said agreement, and transactions with products brought in the patent register of the patent application in question, or subsequently by the applicant for a patent or a patent entitled 'entitled' as intended.


Article 72

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  • 1 The proprietor of a European patent shall, subject to the provisions of paragraph 4, obtain a reasonable payment from him, which shall be in the period between the publication in accordance with Article 93 of the European Patent Convention of the application of the European Patent Convention. has been the subject of a patent and the publication of the publication of the European patent on that application as referred to in Article 97 (4) of that Convention or from an application disjoined from that application pursuant to Article 76 of this Convention; It has performed as a reference in Article 53, first paragraph In so far as the proprietor of the patent has obtained exclusive rights and the transactions are covered by the published conclusions which have been recently submitted.

  • 2 Subject to the provisions of paragraph 4, the proprietor of a European patent may also claim a reasonable remuneration from him, who shall, after the publication of the first paragraph of the publication of the mention of the grant of the European patent in the case of products referred to in that paragraph which have been put into circulation during the period specified therein. The proprietor of the proprietor of the proprietor of the Council of the European Union may recover the same allowance from his or her own company, which after that publication is intended to serve as Article 53, first paragraph, point (a) or (b) Or in Article 53a has been used in its holding in the period specified in the first paragraph.

  • 3 The compensation referred to in paragraphs 1 and 2 shall be payable only for acts carried out after 30 days, after the person concerned has been informed, in the case of a bailier's exploit, of the proprietor of the patent pursuant to this Article Right. In this process of bailiping, in which the precise indication of which part of the patent application relates to those transactions, a translation into the Netherlands of the conclusions as set out in the publication of the European Parliament and of the European Communities in the European Parliament is to be served on the basis of the patent application in accordance with Article 93 of the European Patent Convention. If a translation by the Netherlands as referred to above has already been forwarded to the Office for the purpose of issuing the bailier's exploit and has been recorded in the patent register, service of the translation may be omitted, provided that: the use of the annotation in the patent register is to be reported in the exploit.

  • 4 The right to the proprietor of the proprietor of the patent under this Article shall not extend to acts carried out by an act of that Article 55 or pursuant to the said agreement and transactions with products which have been put into circulation either before the publication of the application pursuant to Article 93 of the European Patent Convention pursuant to Article 93 of the European Patent Convention or subsequently by the applicant for the patent or a person entitled to the right of the patent.

  • 5 The Office shall, as soon as possible, enter into the patent register the endorsement referred to in paragraph 3.


Article 73

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  • 1 The patent proprietor may institute proceedings for the enforcement of his patent against any person who may, in the Netherlands, Curaçao or Sint Maarten in or for his undertaking, funds an essential component of the invention to others than them, who under the Articles 55 to 60 to apply the patented invention, to offer or provide for the application of the patented invention in the Netherlands, Curaçao or Sint Maarten, provided that the person is aware of the circumstances in which he or she is clearly aware of the circumstances that those funds are suitable for and intended for that application.

  • 2 The first paragraph shall not apply if the offer or delivery is made with the consent of the patent holder. That paragraph shall not apply either where the funds supplied or offered are generally available on the market unless the person concerned encourages the person he supplies to carry out in the course of his or her own business. Article 53, first paragraph , listed acts.


Article 74

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The rights and obligations arising from the Articles 53 to 60 and 64 to 73 The Kingdom of the Netherlands, Curaçao or Sint Maarten located on and above that part of the continental shelf on which the Kingdom has sovereign rights, but only in so far as it relates to operations directed and carried out during the course of the period research into the presence of natural resources or the winning of natural resources.

Chapter 5. Destruction and opeising

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Article 75

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  • 1 A patent shall be quashed by the court to the extent that:

    • a. This patent has been granted under the Articles 2 to 7 is not patentable, or, in the case of a European patent, the patent has not been granted under Articles 52 to 57 of the European Patent Convention;

    • (b) the specification of the invention does not contain a description of the invention, including, where appropriate, the application of Article 25, second and third paragraphs , in such a way as to be clear and complete that an expert may apply this invention;

    • (c) the subject of the patent is not covered by the content of the application lodged or, if the patent has been granted by a divisional or amended application or on a new European patent application lodged in accordance with Article 61 of the European Patent Convention, by the contents of the original application;

    • d. after patent granting extension of the protection pool;

    • e. the holder of the patent was not entitled to it either under the terms of Chapter 1 of this state law or, in the case of a European patent, under Article 60, paragraph 1 of the European Patent Convention.

  • 2 For the purpose of applying the first paragraph, A , under the state of the art referred to in Article 54 (3) of the European Patent Convention, the content of patent applications filed under this Law of Law, the date of filing before the date of submission of the Patent Convention, shall be included. the relevant European patent application, which applies to the application of that paragraph, is, first, on or after that date, in accordance with Article 31 are registered.

  • 3 The action for annulment shall be set out in the first paragraph, A to: Ed , mentioned cases to each person and to the first paragraph, P. That case shall be the case of the person who is entitled to the patent by virtue of the provisions referred to in that paragraph. If the latter has itself obtained a patent for the invention in question, the action for the destruction shall also be granted to licensees and holders of the security.

  • 4 The summons must be entered in the patent register within eight days of its day drawing. In the absence of a timely registration, the claimant shall be required to make good the damage suffered by the claimant, who obtained in good faith after that period and for the registration of rights, on which the destruction will affect it.

  • 5 A patent is deemed to be from the outset completely or partially not the in Articles 53 , 53a , 71 , 72 and 73 must have had legal effects according to whether the patent has been wholly or partly destroyed.

  • 6 The retroactive effect of nullity shall not affect:

    • (a) a decision, other than a provisional provision, in respect of acts contrary to the provisions of the Articles 53 and 53a provided that only the proprietor of the proprietor of the patent or the acts referred to in the Articles 71 , 72 and 73 , which has been res judiced for the destruction and has been implemented;

    • b. a contract concluded for destruction, to the extent that it has been carried out for destruction; however, equity payments may be required from amounts paid under this Agreement to the extent that they have been paid by the of which circumstances are justified.

  • 7 For the purposes of the sixth paragraph, B , under the conclusion of an agreement, means the generation of a licence on another in the Article 56, second paragraph , 59 or 60 indicated method.

  • 8 Where a patent is destroyed pursuant to paragraph 1, P. , and the person who is entitled to the patent by virtue of the provisions mentioned in that section, has obtained a patent for the invention in question, shall be granted licences which were obtained in good faith from the patent which had been destroyed for the period before the Court. the registration of the summons in the patent register, designated as a licence of the existing patent, and acquits the holder thereof in accordance with Article 56, third paragraph , entitlement to the fee payable for licences. The proprietor of the patent which was destroyed, which was in good faith in his application or who obtained the patent for the registration of the summons in good faith of a former holder, remains in that case with respect to the existing patent. competent to apply the invention in accordance with Article 55 .

  • 9 Once a final decision on a claim for destruction has been res judiced, or has been cancelled, the court shall, at the request of the most resciled party, be noted in the patent register.


Article 76

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  • 1 The person seeking a legal action as referred to in Article 75 on the destruction of a patent granted under this Law of the Law, it is inadmissible in that proceedings if it is not the result of an annex on a summons issued by the Bureau, or at the conclusion of a requirement of a convention, advice on the applicability of the Article 75, first paragraph , mentioned revocation grounds.

  • 2 For interlocutory proceedings, the court of supply may be intended to Article 80, second paragraph The person who claims that a patent granted under this law should be disposed of, shall issue an opinion of the Office on the applicability of the patent. Article 75, first paragraph , the grounds on which the grounds for revocation are to be mentioned.


Article 77

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  • 1 In so far as a patent granted under this Law relates to an invention for which a European patent has been granted to the same inventor or under a European patent, while the day of filing or, where appropriate, the The first patent, in so far as it protects the same invention as the European patent, in the Netherlands, Curaçao and Sint Maarten, is no longer the same as the one which has been patented. Articles 53 , 53a , 71 and 73 shall have legal effect from the day on which:

    • (a) the time limit laid down for the establishment of opposition to the European patent has expired without the imposition of the opposition;

    • (b) the opposition procedure has been closed, while the European patent has remained in place;

    • c. the patent under this Law of Law is granted, if that day is after those under a or b intended, as the case may be.

  • 2 The nullitiation of the European patent by any other means at a later date shall be without prejudice to the provisions of the preceding paragraph.

  • 3 Claims for the purpose of determining a loss of action as referred to in paragraph 1 may be instituted by each person.


Article 78

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  • 1 A patent may be claimed in whole, in part or in respect of a share in that patent by the person Article 11 , 12 or 13 in the case of a European patent, under the first paragraph of Article 60 of the European Patent Convention, or be entitled to that patent.

  • 2 The summons must be entered in the patent register.

  • 3 The patent proprietor, which was in good faith in his application, or who obtained the patent for the registration of the summons in good faith of a former holder, remains competent to apply the patent for the new proprietor of the patent. invention at the foot as defined in Article 55 .

  • 4 Licenses obtained in good faith shall remain valid in respect of the new proprietor of the patent, which shall, in accordance with Article 56, third paragraph , be entitled to the fee payable for licences.

  • 5 The third and fourth paragraphs shall not apply where the person who has successfully claimed the patent has already been subject to the application of a patent by itself and the summons, where the claim has been brought to the notice of withdrawal. within three months of the grant of the patent or, in the case of a European patent, after the publication of the European Patent Convention by its publication pursuant to Article 97 (4) of the European Patent Convention was entered in the patent register.

  • 6 Pandrights, established by a former proprietor of a patent, are valid only in respect of the new proprietor of the patent, if they have been obtained in good faith and established for the registration of the summons. They shall never be valid in relation to this valid in the case referred to in the preceding paragraph.

  • 7 The claim, referred to in paragraph 1, shall be subject to a limitation period of five years after the date of the grant of the patent or, in the case of a European patent, after the date on which the fourth paragraph of Article 97 of the European Parliament applies The patent convention has been published; however, the person who knew or ought to have known that he or the person who transferred it had no claim to the patent in obtaining the patent, Do not rely on these limitation periods.

  • 8 As soon as a final decision on a claim to opeising has been res judiced or the body has expired, it shall be recorded in the patent register at the request of the most conuded party.


Article 79

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  • 1 He who intentionally infrines the right of the proprietor of the patent by carrying out one of the following documents: Article 53, first paragraph Those acts shall be punished by imprisonment of a maximum of six months or of a fine of the fourth category.

  • 2 He who carries out his appeal of the offence referred to in the preceding paragraph or who carries out his or her offence as a business shall be punished by imprisonment of a maximum of four years or a fine of the fifth category.

  • 3 Upon conviction, the disclosure of his ruling may be ordered by the court.

  • 4 If items have been declared forfeited, the proprietor of the patent shall be entitled to claim that such articles shall be issued to him if he is to sign up to him at the Registry within one month of the judgment in force of res judiced. This issue concerns the ownership of the articles on the patent holder. The court will be able to order that such issue be made against a compensation to be paid by the proprietor of the proprietor of the proprietor of the State for the benefit of the proprietor of the patent.

  • 5 The offences referred to in this Article are criminal offences. Of these crimes, the Court of First Instance alone takes the Hague-Gravenhage knowledge of the same kind.

Chapter 6. Patent litigation

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Article 80

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  • 1 The Hague Court has sole competence at first instance for the following:

    • (a) claims for the establishment of a lack of legal action, destruction, the fixing of a loss of legal effect or the opeising of patents, as referred to in the second subparagraph of Articles 10 , 75 , 77 and 78 ;

    • (b) progress towards the opeising of European patent applications;

    • c. claims for the grant of a licence as referred to in Article 58, first paragraph ;

    • d. claims for the establishment of a fee as referred to in the Articles 58 , 59 and 60 .

  • 2 The Court of Justice in The Hague and the Provisioning Judge of that court shall have jurisdiction at first instance in the Netherlands solely for:

    • a. Claims, specified in the Articles 70 , 71 , 72 and 73 ;

    • (b) claims brought by a proprietor other than the proprietor of a patent in order to establish that certain transactions performed by him do not conflict with a patent.


Article 81

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By way of derogation from Article 8: 7 of the General Law governing law, appeals against decisions under that law shall be the jurisdiction of the Hague Court.


Article 82

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In the course of the proceedings for the hearing of disputes, Article 80 Without prejudice to the responsibility of the public prosecutor, patent agents shall be allowed to speak.


Article 83

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  • 1 Of all disputes other than in the Articles 80 and 81 It shall be informed by the court which, in accordance with the general rules of the caselaw, is empowered to do so.

  • 2 Legal claims based on Article 12, sixth paragraph These are to be regarded as legal proceedings relating to a contract of employment, unless the legal relationship between the parties to the dispute is not determined by a contract of employment.

  • 3 If the court considers that the decision of a dispute of influence may have an effect a legal action which is based on the Article 10 , 75 , 77 or 78 is or could be set up, he may suspend the handling of the pending dispute with or without a time determination. He shall have equal jurisdiction if the decision on such action may have an effect on a legal action brought by others.

  • 4 The court may suspend proceedings in respect of a European patent with or without a time clause, if the European Patent Office opposes such a patent as a result of Article 99 of the European Patent Convention.


Article 84

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  • 1 Any person may ask the Bureau in writing to give an opinion on the application of the legislation in question. Article 75, first paragraph , mentioned invalidity grounds on a patent granted under this Law on the Law of the Law.

  • 2 The request shall contain a reasoned indication of the Article 75, first paragraph , dissecting objections to the patent granted for which an opinion is sought.

  • 3 In the case of, or under general rules of government, rules shall be laid down in respect of the fee payable for the opinion.


Article 85

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  • 1 The office shall establish the Article 84 shall give an opportunity to inform the applicant of the objections raised. The office may be grounds for invalidity which it bases on the result of the examination of the state of the art as referred to in Article 3 (1). Article 34, fourth paragraph , as concerns add. The holder of the patent in question shall be given an opportunity to comment on the objections at least once.

  • 2 The Office is empowered to set time limits for the contribution of the applicant and patent proprietor.

  • 3 In Article 84 The opinion shall be delivered as soon as possible, but no later than two months after the agency has taken note of the position of the applicant and the proprietor of the patent or, if it has been applied to the previous member, within two months of the decision. months after the expiry of the deadline.


Article 86

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The in Article 84 The opinion shall consist of a reasoned assessment of the Article 85, first paragraph , mentioned objections.


Article 87

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  • 1 The Bureau is required to provide the court with all information and technical advice which may require that patent proceedings be made subject to legal proceedings in its judgment.


Article 88

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The Article 80 Court of Justice shall act as a central authority responsible for receiving letters rogatory and shall have the power to carry out the aforementioned committees of the European Patent Office, as set out in Rule 99 of the European Patent Convention. Implementing Rules of Procedure.


Article 89

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All judicial decisions relating to patents shall be forwarded to the Office free of charge within one month by the Registrar of the court in question and, in the case of a European patent, at the same time as the European patent. Patent office, referred to in the European Patent Convention.

Chapter 7. Supplementary protection certificates

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Article 90

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For the purposes of this Chapter, except for: Article 98 The following shall be understood as the following provisions:

regulation: the Regulation (EEC) 1768/92 of the Council of the European Communities of 18 June 1992 on the introduction of a supplementary protection certificate for medicinal products ( PbEG L 182), as last amended by Regulation (EC) No 1882/2. 1901/2006 of the European Parliament and of the Council of the European Union of 12 December 2006 on medicinal products for paediatric use and amending Regulation (EEC) No 1910/2006 (EC) No 1768/92, Directive 2001 /20/EC, Directive 2001 /83/EC and Regulation (EC) No 1768/92 726/2004 (PbEG L 378);

'basic patent' means a patent as referred to in Article 1 (1), C , of the Regulation;

Certificate: a supplementary protection certificate as referred to in Article 1 (1), Ed , of the Regulation;

application for an extension of the duration of a certificate: an application for an extension of the duration of an already granted certificate, as referred to in Article 1 (e) of the Regulation.


Article 91

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The application for a certificate and an extension of the duration of a certificate shall be submitted to the Agency.


Article 92

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The application for a certificate and an extension of the duration of a certificate shall be subject to the presentation of a supporting document certifying that an amount has been paid to the Agency in accordance with, or pursuant to, a general measure of management. fixed rate.


Article 93

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With regard to applications for a certificate and for the renewal of the duration of a certificate, the Article 24, third paragraph , and 38, 1st Member , of this Law of Law of equivalent application.


Article 94

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If the provisions of Article 8 of the Regulation or of the Regulation are not satisfied, Articles 92 and 93 of the said law, the Bureau shall, within two months of the date of filing of the application for a certificate or an extension of the duration of a certificate, give written notice to the applicant, indicating the requirements which are not met.


Article 95

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For the purpose of maintaining a supplementary protection certificate, each year, for the first time from the year of expiry of the legal duration of the basic patent, the Agency should adopt or adopt a general measure of management. amount paid. This amount shall be met by the last day of the month in which the statutory duration of the basic patent expired. The Article 61, third paragraph , and 62 of this state law shall apply mutatis mutandis.


Article 96

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  • 1 The communications required by Articles 9, second and third paragraphs, 11 and 16 of the Regulation shall be in the Article 20 of this Law on the Law of the Law.

  • 2 The Agency shall enter into the patent register the information referred to in Articles 9, second and third paragraphs, 11 and 16 of the Regulation.


Article 97

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The Articles 64 to 69 shall apply mutatis mutandis to certificates.


Article 98

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If other than the one in Article 90 The regulation adopted by the Council of the European Communities on supplementary protection certificates in the interests of proper implementation is subject to a general measure of management. It may be provided for in the imposition of fees, provided that this is permitted under the Regulation in question.

Chapter 8. Special provisions for Curaçao and Sint Maarten

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Article 99

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In Curaçao or Sint Maarten, an industrial property office can be set up. This office shall be an institution of the country or countries concerned.


Article 100

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  • 1 Applications for the patent of residents of Curaçao or Sint Maarten can be submitted to the industrial property office set up there.

  • 3 After the agency concerned has indicated the date referred to in paragraph 2 on the application, it shall forward the application with all the documents submitted as soon as possible to the Office, as referred to in Article 3 (1). Article 1 , unless it considers that these documents do not comply with the requirements of: Article 24 Some.

  • (4) In the case referred to in paragraph 3, the agency concerned shall notify the applicant in writing of the alleged defects, with the request to restore them within a period to be determined by the Agency. Upon expiry of that period, any documents submitted by the applicant and a copy of the receipt of the certificate issued by the applicant shall be made by the agency concerned as soon as possible to the office, indifferent or if the request is satisfied. Intended in Article 1 , sent.

Chapter 9. Transitional and final provisions

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Article 101

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The ' Rijksoctrooiwet shall expire on a date to be determined by royal decree.


Article 102

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  • 2 With respect to:

    • a. Patent applications filed after the entry into force of this Law on the Law of the Law, with the exception of the separate patent applications referred to in the first paragraph;

    • b. Patents issued on the under A Patent applications and

    • c. Licenses under the under B such patents shall only be subject to and subject to the provisions of this Act.

  • 3 This Driving Act does not apply to applications for a certificate as intended Article 90 which have been submitted to the Occonsolation Council before the date of entry into force of this State Law.

  • 4 The Articles 95 and 97 shall also apply to licences issued for applications lodged before the date of entry into force of this State Law.


Article 102a

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  • 1 On patent applications in respect of which the result of the examination of the state of the art has been communicated to the applicant, but the application department of the Patent Board has yet to make a decision on the date of entry into force of this Article taken as intended Article 24 of the Rijksoctrooiwet , by derogation from the Occonsolation Council Chapter II, Section II, of the Law on the Law of the Netherlands a patent by placing a dated note on the application in the form, as submitted by the applicant, or modified by it thereafter.

  • 2 If, on the date of entry into force of this Article, the result of the examination of the state of the art has not yet been communicated to the applicant, the patent shall be granted as from two months from the date on which the result of the examination of the state of the art has been communicated to the applicant, which may be extended once by two months at the request of the applicant by the Occonsolation Council.


Article 102b

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  • 1 By way of derogation from Chapter II, Section II, of the Law on the Law of the Netherlands Grants the Patent Board patent on patent applications in respect of which the application department or the Board of Appeal of the Patent Board after the entry into force of this Article on the basis of Article 24 or 24A of that State law decide, in whole or in part, by placing a dated note on the application in the form which has been deemed suitable for delivery by the application department or the division of appeal.

  • 2 The patent begins to work with effect from the date of the decision until whole or partial disclosure.


Article 102c

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  • 1 From the date of entry into force of Article 102a is Article 102a applicable mutatis mutandis to patent applications to which the articles 29A to 29F of the Rijksocconsoli Act shall apply, subject to the following:

    • (a) the Patent Council decides to grant the patent by placing a dated note on the application, but that the registration of the patent application in the patent register and the granting of the patent shall be suspended; and

    • b. Articles 41 to 45 to those patent applications shall apply mutatis mutandis.

  • 2 The first paragraph shall apply mutatis mutandis to Article 102b .


Article 102d

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  • 1 From the date of entry into force of this Article or, whichever is later, from the date of the grant of the patent, patents granted on the basis of the ' Rijksoctrooiwet or they are granted on the basis of the Articles 102a , 102b or 102c , in the Netherlands, Curaçao and Sint Maarten the same legal effects as patents granted on the basis of Article 36 and are subject to the provisions of this Law on the Law of the Law on the understanding that:

  • 2 From the date of entry into force of this Article or, whichever is later, from the date of grant of the patent, patents granted on the basis of the ' Rijksoctrooiwet or they are granted on the basis of the Articles 102a , 102b or 102c , in Aruba, the same legal effects as patents granted under Article 34 of the Aruba Landsordination of 5 May 1997 laying down rules relating to patents (Patent Ordination).


Article 102e

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  • 2 The office grants patent application reinstated after the entry into force of this law in the previous state, patent by placing a dated note on the application in form as submitted by the applicant or by a filing of the patent. subsequently, it has been modified.

  • 3 The patent shall begin to operate as from the date on which the decision until recovery is irrevocable.


Article 102f

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The public part of the registries being kept under the Rijksoctrooiwet makes from the time, intended in Article 101 , part of the register provided for in Article 19 .


Article 103

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  • 1 As from the date of entry into force of this Article, the entry into force of this Article shall be published in respect of European patents, the publication of which shall be published in accordance with Article 97 (4) of the European Patent Convention. State law, and licences under these patents, the applicable law and under this Law of the Law.

  • 2 With respect to European patents, the mention of which is published in accordance with Article 97, fourth paragraph, of the European Patent Convention has been published after the entry into force of this Law of Law, and licenses under these patents, is exclusively the application to and pursuant to this Law of the Law applies.


Article 104

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Article 105

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Article 106

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Article 107

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Article 108

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Article 109

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To the state of the art, intended in the Articles 4 and 75, second paragraph It also includes the content of patent applications submitted for the entry into force of this Law on the entry into force of this Law on the entry into force of this Law, on or Article 4, second paragraph, of this Act Article 80 of the European Patent Convention as referred to in Article 80 of the European Patent Convention Article 22C of the Rijksoctrooiwet are to be inspected or, if terinzalegwent had not yet taken place, in accordance with Article 25 of that State Act are made public.


Article 110

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Where, in the interests of the proper implementation of this Law, it is necessary to lay down detailed rules in this Act, it may be carried out in the case of a general measure of the State administration.


Article 111

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The articles of this Law of the Law enter into force on a date to be determined by Royal Decree which may be adopted in a different way for the various articles or parts of the Directive.


Article 112

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This state law is cited as: State Sheet where it will be placed.


Article 113

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  • 1 This Law of Law shall be binding on the European part of the Netherlands and, subject to Chapter 7 , for Curaçao and Sint Maarten and Bonaire, Sint Eustatius and Saba.


Article 114

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In the Netherlands, by law and in Aruba, Curaçao and Sint Maarten, it may be stated by national regulation that the mutual arrangements provided for by this Law on the Law of the Netherlands should be terminated. With effect from the third calendar year following that of the proclamation of such law or state regulation, the State of Law and Aruba, Curaçao and Sint Maarten in the Netherlands shall obtain the State of the State of a State regulation. The provisions of the preceding sentences shall not apply in respect of the following: Articles 40 to 45 and Article 59 .

Burdens and orders that are in the State Sheet , in the Official Journal of the Netherlands Antilles and in the Aprator of Aruba will be placed, and that all ministries, authorities, colleges and officials who so concern will keep their hands on the precise execution.

Issued at The Hague, 15 December 1994

Beatrix

The Secretary of State for Economic Affairs,

A. of Dok-van Weele

The Minister of Justice,

W. Sorgdrager

Published the sixteenth February 1995

The Minister of Justice,

W. Sorgdrager