Why a patent?

Patents have significant economic value. Furthermore, you naturally do not want competitors to benefit from the success of your efforts. These are just two of the reasons for protecting your idea. And if you do not take your idea to market yourself, you can always sell it. The benefits are as follows:

A granted patent gives the patent holder the option of taking action against infringers and possibly demanding a prohibition. The scope of protection offered by the patent is determined by the “claims”, which are the summarised definitions of the invention as they are presented in a patent.

In addition, a patent offers a sound basis for conducting licensing negotiations with third parties. You can allow third parties to use your invention in return for a licence payment, which is based, for example, on the profit or revenue of the licensee.

Another option is to sell a patent to a third party, which is referred to as a patenttransfer. This is worth considering if you do not intend to get personally involved in the production and marketing of the invention.

Furthermore, Dutch legislation offers the benefit of a reduced tax rate (the innovation box) on the basis of a granted patent for activities relating to the patented invention. The tax authorities can provide you with further information on the conditions that you must meet to make use of this facility.

Reasons to apply for a patent include:

Exclusivity: A patent affords you an exclusive right to the use and exploitation of your invention over the lifetime of the patent.

Improved market position: A patent makes you stand out from the competition. The exclusivity of the patent gives you a unique selling point; other parties can only use the invention under licence.

Marketing: An innovative image is a powerful marketing instrument.

Licensing income: You can sell patent licences to other market players.

Stronger negotiating position: Two patents are worth more than one. You can share your patent with your competitor in exchange for the use of his patent in your activities. Consider the “Patent Pool”, in which various parties share their patents for the sake of standardisation.

Enhanced company value: Patents and also other intellectual property rights have an economic value. In the event of a company sale, Arnold + Siedsma performs a due diligence to evaluate the existing portfolio of patents and other IP rights.

Prevention of patenting by other parties: If you apply for a patent for an invention, another party who has produced the same or a similar invention will miss out in terms of protecting his invention.

A Dutch patent offers the advantage that it imparts an exclusive right which is valid in the transit port of Rotterdam. The port of Rotterdam is the main European transit port for goods, raw materials and products from around the world. With your Dutch patent, you can seize these imported products.