Region: Netherlands

EPC 2000 improves position of Dutch patent proprietors

Under Dutch patent law, patent proprietors may amend claims after grant. The conditions for such amendments are identical to the conditions imposed by the European Patent Convention (EPC) 2000 on amendments of granted patents during opposition proceedings, and substantially similar to the conditions under which the EPC 2000 allows national law to revoke patents.

10 December 2008

Second and further medical use claims under the EPC 2000

The European Patent Convention (EPC) 2000 provides for the patentability (subject to the requirements of novelty and inventive step) of a known substance or composition not only for its first use as a medicament, but also for further medical uses. Recently a referral to the Enlarged Board of Appeal was made regarding the allowability of dosage regimes in (further) medical use claims under the EPC 2000 - an issue that was generally considered resolved under the old EPC.

08 October 2008

Supplementary protection certificates: when is a product protected by a basic patent?

In <i>Ranbaxy v Warner-Lambert</i> the Court of Appeal of The Hague has provided criteria for assessing Article 3(a) of the Supplementary Protection Certificate Regulation. It remains to be seen how this decision will influence the practice of the Netherlands Patent Office.

07 May 2008

Patents Act gets ready to welcome applications in English

The Patents Act 1995 has been amended and the new version is expected to come into force during the first half of 2008. The new act would allow patent applications, though not claims, to be submitted in English, making the Netherlands among the first countries in Europe to depart from having a national language requirement for national patents.

06 February 2008

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