The fees charged by organizations like the Dutch Patent Office (NL Octrooicentrum) for filing a patent application are relatively low (starting at €200 for filing and requesting a national-type search). This makes it tempting to draft and file an application on your own.
Writing a patent application might seem simple. However, many mistakes can be made that may result in the rights you hope to obtain being of little value. Therefore, it is recommended to seek advice first, for example, from the Dutch Patent Office or a patent attorney. Patent attorneys are generally willing to provide an initial consultation free of obligation, offering advice on the feasibility and utility of patent protection for your invention.
Patent attorneys are also equipped to draft high-quality applications. The quality of the initial application is critical and pays off during the subsequent examination process and the potential enforceability of the granted patent. To reduce attorney fees, it is essential to describe the invention as thoroughly as possible in your own words (e.g., what is known, how the invention differs from prior art, what problem it solves, why it performs better, and examples of embodiments). Based on a well-prepared report, a patent attorney can draft an application for fees ranging from €2,000 to €6,000, depending on complexity.
For most clients, it is advisable to start with a Dutch application. After approximately nine months, the Dutch Patent Office will issue an opinion on patentability. If the opinion is favorable, you can decide to file a PCT (Patent Cooperation Treaty) application within twelve months of the Dutch filing. The PCT application allows the applicant to defer the decision on which countries to pursue patent protection in for up to 2.5 years after the Dutch filing.
Abcor collaborates with an independent network of specialists to file applications more cost-effectively and efficiently. For example, the filing costs for a PCT application start at €360. Additional official fees apply. The PCT application is published approximately 1.5 years after the Dutch filing.
Having a PCT application is attractive to investors because the application still has the potential to proceed in many countries. The total costs for the first 2.5 years may range from €8,000 to €10,000, making it essential to secure an investor within this period.
(Michiel Cramwinckel is a European and Dutch patent attorney)
