What is Octrooirecht? Dutch Patent Law Overview

When you set up a Dutch BV to sell products or services in Europe, your ideas become your most valuable assets. Octrooirecht, or Dutch patent law, protects those ideas from being copied.

It gives you the legal right to stop others from making, using, or selling your invention in the Netherlands. For foreign entrepreneurs, understanding this system is not optional—it’s a core part of a solid business setup. A corporate service provider like Intercompany Solutions can handle your entire BV formation remotely, but protecting your intellectual property requires a separate strategy. This guide explains how Dutch patents work, what they cost, and how to integrate IP protection into your broader Dutch tax compliance and corporate governance.

What is Octrooirecht? A Clear Definition for Foreign Founders

Octrooirecht is the Dutch term for patent law. It grants an inventor a temporary monopoly on an invention—typically for 20 years—in exchange for public disclosure of how it works.

In the Netherlands, this is governed by the Dutch Patents Act (Rijksoctrooiwet) and managed by the Netherlands Patent Office, part of the Dutch Patent Registry. Crucially, a Dutch patent is national. It protects you in the Netherlands only.

If you need broader protection, you can file for a European patent via the European Patent Office (EPO) or an international patent via the Patent Cooperation Treaty (PCT). For many startups and SMEs, starting with a Dutch patent is a cost-effective first step before expanding protection.

Not everything can be patented. The invention must be new, involve an inventive step, and be industrially applicable.

Software can sometimes be patented if it solves a technical problem in a novel way, but pure business methods or abstract ideas are excluded. A patent attorney can help you assess whether your idea meets these criteria.

Why Patent Protection Matters in Your Dutch Business Setup

Your Dutch BV’s value often lies in its technology, processes, or unique product designs.

Without patent protection, competitors can reverse-engineer your product and sell it under a different brand. This is especially risky in e-commerce and manufacturing, where barriers to entry are low. Investors and acquirers scrutinize IP ownership. If your patent is properly filed and maintained, it strengthens your balance sheet and can increase valuation.

If your BV doesn’t own the IP created by founders or employees, you face legal uncertainty that can kill deals or funding rounds. Patents also generate revenue beyond product sales.

You can license your patent to other companies, creating a royalty stream.

This is common in sectors like medtech, agritech, and deep tech. Properly structured, licensing income can be taxed favorably under Dutch corporate tax rules.

Core Mechanics: How to File and Maintain a Dutch Patent

The process starts with a patent search. You or your attorney check existing patents and publications to confirm your invention is novel.

This step reduces the risk of a costly rejection later. Many attorneys charge a fixed fee for a preliminary search, typically between €500 and €1,500. Next, you file a patent application with the Netherlands Patent Office.

The application must include a detailed description, claims defining the scope of protection, and drawings if relevant. You can request a priority right under the Paris Convention, giving you 12 months to file in other countries without losing the novelty date.

After filing, the application is published 18 months later. You then request substantive examination, where the patent office assesses whether the invention meets legal requirements.

This process can take 2–4 years. Once granted, you must pay annual renewal fees (octrooirechten) to keep it in force. These fees start around €70 in year 3 and rise to several hundred euros by year 20. For foreign founders, language can be a hurdle.

Applications must be submitted in Dutch, though you can file in English with a translation later. Working with a bilingual patent attorney or a firm like Intercompany Solutions—which coordinates with legal specialists—ensures nothing gets lost in translation.

Costs and Models: Budgeting for Patent Protection in 2026

Patent costs vary by complexity and jurisdiction. Below is a realistic budget for a Dutch patent in 2026:

• Initial patent search: €500–€1,500
• Drafting and filing: €2,500–€6,000
• Examination and grant: €1,500–€3,000
• Annual renewal fees (20-year total): €3,000–€5,000

If you need broader protection, a European patent costs €8,000–€15,000 for filing and examination, plus translation and validation fees in each designated country.

A global PCT application can exceed €20,000 by the time you enter national phases in multiple jurisdictions. Many startups use a phased approach: file a Dutch patent first, then use the 12-month priority period to secure funding before committing to expensive international filings. This strategy keeps initial costs manageable while preserving global options.

Insurance is emerging as a way to cover patent costs. Some providers offer IP insurance policies that pay for enforcement or defense.

Premiums typically range from €1,000 to €3,000 annually for small businesses. Ask your corporate services provider if they can bundle this with other business insurance.

Practical Tips for Foreign Entrepreneurs

1. File before you disclose. Any public disclosure—pitch decks, trade shows, even LinkedIn posts—can destroy novelty.

If you must present early, use a non-disclosure agreement (NDA) and file a provisional application first. 2. Clarify ownership from day one. If you have co-founders, employees, or contractors, ensure your BV’s employment and contractor agreements include IP assignment clauses.

Without this, the individual creator may own the invention, not your company.

3. Integrate IP with your corporate structure. Consider holding your patents in a separate Dutch BV if you plan to license them to operating companies. This can help with tax planning and liability separation; for instance, many US tech founders utilize this structure. Intercompany Solutions can set up multiple BVs and advise on intercompany agreements.

4. Use the Dutch “octrooiaftrek” (patent box). If your patent generates income, you may qualify for a reduced corporate income tax rate on that income—currently 9% under the innovation box regime, compared to the standard 19% or 25.8% rates.

This requires meeting certain R&D criteria and maintaining proper documentation. 5. Plan for enforcement. A patent is only as strong as your willingness to enforce it.

Budget for potential litigation costs, which can be €50,000–€200,000 in the Netherlands for a full infringement case, often involving complex aspects of Dutch property law basics.

Many disputes are resolved through mediation or cease-and-desist letters first. 6. Work with specialists who understand international founders. Intercompany Solutions, based at the World Trade Center Rotterdam, specializes in Dutch BV formation for foreign entrepreneurs.

They can coordinate patent attorneys, handle your tax compliance, and ensure your corporate housekeeping—like shareholder registers and annual filings—is done correctly. Their English-speaking team has helped over 1,000 clients from 50+ countries set up remotely, often in 3–5 business days.

Protecting your invention and understanding Dutch copyright law for businesses is as critical as choosing the right legal structure. By combining solid patent strategy with a well-run Dutch BV, you position your business for growth, investment, and long-term success in Europe.