Coming Soon (?): A Modernised Patent System in the Netherlands – With Direct PCT-to-National Entry

If you’re seeking patent protection in the Netherlands, big changes are on the horizon that are intended to make the Dutch system not only even more robust, but also more internationally aligned.

From Registration to Substantive Examination

Under the current Dutch patent law, national patents are essentially automatically granted, since it still is a registration system: once formal requirements are met and a search report has been issued, a patent is granted, typically 18 months after the priority date (or filing date, if no priority is claimed). A decision on validity will only be made in court, if challenged.

Thus, the direct national registration system offers the benefits of getting a granted patent soon, at low costs. Accordingly, in some circumstances, the present national system offers an interesting extra or alternative to seeking patent protection for the Netherlands, via the European Patent Office.

The proposed amendment to the Kingdom Patents Act (currently pending with the Dutch Council of State and soon to be laid before the Dutch Parliament) would transform this into a fully examined patent system. That means the Netherlands Patent Office  will conduct a formal substantive review of novelty, inventive step, enablement and industrial applicability before granting a patent — just like in many other major jurisdictions.

PCT Applicants: A Major New Opportunity

One of the most exciting elements of the reform is the introduction of direct national phase entry from a PCT application.

Today, if you want patent protection in the Netherlands via a PCT application, you must enter the European regional phase and then validate the European patent in the Netherlands.

The new system, however, will allow a PCT application to enter directly into the Dutch national phase, giving you a straight PCT-to-Netherlands route without first going through the European Patent Office. This significantly expands strategic options for global filing and can simplify or accelerate your path to Dutch protection.

What’s Next — Timing

The draft law has already been agreed by the Council of Ministers and is under review by the Dutch Council of State. Once the Council’s advice is issued, the bill will be submitted to the Dutch House of Representatives, followed by the Senate.

At this stage no official dates for parliamentary debates or adoption have been published, but given the government’s timetable and ongoing consultation process, adoption could realistically occur in 2026 or 2027, subject to normal legislative procedures in the Netherlands.

Accordingly, for the time being, it is still possible to get patent protection in the Netherlands cheaply and quickly, but one has to file latest at the end of the priority year, since the PCT-route does not work of yet.

I will keep you posted.