Preface

1、 Legal framework

1、Dual path:

European Patent（EP）: ThroughEPOAuthorization, effective in the Netherlands (requires submission of Dutch translation).

Dutch National Patent: by the Dutch Patent Office（Octrooicentrum Nederland）Authorization.

Invalid jurisdiction:

EPOAuthorized patents: can be obtained throughEPOObjection Procedure (After Authorization)9Within months) or The Hague District Court (after authorization)9A month later).

Dutch National Patent: Invalid only through the Hague District Court.

2、Key regulations:

Dutch Patent Law（Rijksoctrooiwet）.

European Patent Convention（EPC）.

EU Agreement on the Unified Patent Court（UPC）.

2、 Core ineffective pathway

(1)Judicial Procedure (Hague District Court)

Sole jurisdiction: All patent invalidation lawsuits in the Netherlands must be brought by the Hague District Court（District Court of The Hague）Exclusive review.

Process characteristics:

1、Lawsuit: The lawsuit can be filed in Dutch or English (the only Nordic country that accepts English litigation).

2、Preliminary hearing (expedited procedure): The court usually3-6Organize preliminary hearings within months and require both parties to submit core evidence.

3、Technical expert intervention: The court may appoint independent technical experts (such asTNOThe institution issues a neutral report.

4、Oral debate: Focus on key points of dispute and avoid lengthy procedures.

5、Average cycle:12-18One month (one of the fastest in Europe).

Cost: Approximately€25,000-€60,000(including legal fees).

(2) EPOopposition procedure

Applicability: Limited toEPAfter patent authorization9Within a month.

Effectiveness: If successful, the patent is invalid in all designated countries, including the Netherlands.

Cycle:2-4Year.

(3)Unified Patent Court（UPC）

Target audience: European single patent or traditional patentEPPatent (not selected for withdrawal)UPC）.

Advantage: Single program coverage17Country, The Hague isUPCThe location of the Central Court branch.

3、 Invalid Reason

According to Article of the Dutch Patent Law79Article andEPCNo.100Article:

1、Lack of patentability (novelty, creativity, practicality).

2、Defects in the instruction manual (insufficient disclosure or claims exceeding the scope).

3、Patent abuse (such as violation of competition law).

4、Exclude topics such as pure software algorithms and business methods.

4、 Key features

1、Language flexibility:

The litigation procedure can be conducted in English (written materials) Oral argument), the judgment is in Dutch (with English abstract attached).

2、Rocket Court Efficiency:

The court enforces strict timelines, and delays may lead to unfavorable presumptions.

3、Cross border ban linkage:

Patent invalidation judgments are often processed simultaneously with cross-border infringement bans (such as for European distribution chains).

4、Led by technical experts:

The court highly relies on technical expert reports to reduce pure legal disputes.

5、Interim measures

Can apply for preliminary injunction（PI）Suspend the validity of the patent (with proof of urgency and obvious invalidity).

5、 Cycle

1Litigation in The Hague Court:12—18month

2、EPOObjection Procedure:2—4year

3、UPCInvalid program:12—18month

6、 Appeal mechanism

Judgment of The Hague District Court→Appeal to The Hague Court of Appeal（The Hague Court of Appeal）.

Appeal focus: Only review legal errors without re examining technical facts.

Final verdict: Supreme Court of the Netherlands（Hoge Raad）.

7、 Practical Strategy

1、Path selection suggestion:

EPPatent: If within the opposition period→priority selectionEPOProgram; If it exceeds the deadline→Choose The Hague Court (faster).

Multi country patents: proactive selectionUPCJurisdiction (especially in the Dutch market).

2、Evidence strategy:

Key submission of English technical literature (court does not require translation).

Utilize research reports from Dutch academic institutions, such as Delft University of Technology, to enhance their evidential power.

3、Acceleration techniques:

Apply for simplified procedures（Summary Proceedings）Dealing with obviously invalid patents（6The case will be closed within a month.

8UPCThe new trend of the times

1The strategic position of the Netherlands:

The Hague isUPCOne of the branches of the Central Court will focus on the trial of chemistry/Invalid pharmaceutical patent cases.

2Court selection（Forum Shopping）Conclusion:

UPCAfter unified jurisdiction, the number of cases where invalid lawsuits are initiated separately in the Netherlands has decreased.

3Preservation of localization advantages:

The Hague Court remains the only option for pure Dutch national patents.