zondag 25 januari 2015

Double Dutch, why to file two instead of one Dutch patent application

Sometimes it is essential to get a patent, published together with a positive written opinion, given out by the Dutch Patent Authority.

One of the reasons is the innovation box. Dutch tax inspectors are now studying in detail your written opinions and are likely not to accept the reduced tax regime under the innovation box, if the written opinion is negative about the patentability of the invention.

And believe me, most written opinions are negative.....

How to repair this? 

Well there is nothing to do to repair this negative opinion in the same patent application. This is because the written opinion is only an opinion, not an appealable decision. 

So how to cope with this unfavorable situation of having filed a patent application and having received a negative written opinion? 

Well by filing a second application, with much more restricted claims, such that it is almost impossible for the patent examiner in question to issue a negative written opinion on this second patent application. 

Are you interested in how to strategically best cope with this issue and get the exact details on how to deal with it, please send me an email, I will be happy to advice you. 

Thank you for reading my blog, 

Hendrik de Lange 

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