Bureau for Intellectual Property
A patent is the exclusive right of an inventor to commercialize his/her invention without fear of competition from others and therefore obtain all the possible benefits of the invention. Reading this, the following question might arise.
What are possible benefits of having a patent for an invention?
There are several advantages to protect the creation of an invention with a patent. An example is to win an award for the invention or to successfully win a case in court against a competitor. Consequently, it is important to be aware of the fact that patent rights do provide to inventors the possibility to freely exploit their invention. And if the invention is successful on the market, this can lead to financial enrichment of the inventor, because the inventor is the only one that has the right to commercialize the invention. Having this in mind, anyone with an interesting idea should consider getting enough information about patent protection. Anyone can invent something new that is useful and healthy for the human beings on this planet. In doing so, inventors do contribute to better living conditions on earth.
The patent right is the exclusive right of the inventor of a new product or of a new industrial process to commercialize the invention during a certain period of time.
The law indicates that an invention must comply with three requirements if it wants to be liable for patent protection. These requirements are that an invention should be new, based on inventive activity and can be applied in the field of industry. In the case of a new invention one should understand that the invention was not known before. Regarding inventive activity, one should understand that the invention was a surprising result of the inventor’s labor. And with regards to applicability, this means that the invention can be manufactured in the economical traffic.
However, because of our current regulation system, patents are being granted that do not comply with one or more of these requirements. Control on the validity of the patent is reserved to the competency of the patent judges in The Hague in litigation cases about this matter.
On April 1, 1995 the Patents Act for the Kingdom of 1995 came into force. This Act binds Curaçao. Patent rights are regulated in this law. A patent that is granted under this law has validation in the Netherlands as well as in the Netherlands Antilles but as of October 10, 2010, Curaçao has its own jurisdiction. Patent applications are administered in the Netherlands at the Patent Center in The Hague. The patent right is granted to the patentee by the government of the Kingdom of the Netherlands.
In accordance with the provisions made in article 100, paragraph 1 of the Patents Act for the Kingdom of 1995 patent applications can be filed with the Bureau for Intellectual Property of Curaçao.
It is also possible for citizens of Curaçao to file for patent protection by using the European Patent Convention. The European Patent Convention came into force in 2002. By means of this treaty it is possible to obtain patent protection through one application in different European countries. The procedure to get a European patent can take 3 to 4 years, because the authorities will investigate previous to granting the patent if the invention complies with the requirements of new, inventive and applicable. However, the patent that will be granted is a national patent that is regulated by the national law of the different European countries in which protection was requested.
The application process
Applicants must remember that a patent application is subject to many formalities. Applicants should give the necessary attention to these formalities to insure a correct completion of the application. The application form must be completed in the Dutch language. However, since the 5th of June 2008, it is also possible to file the description of the patent application in the English language. The conclusions of the patent application must still be filed in Dutch. A patent application should be filed with the Bureau for Intellectual Property and should contain the following data:
- the name and the address of the applicant,
- the name and the residence of the person who has made the invention
unless the latter, as evidenced by a written statement annexed to the
application, does not wish to be mentioned as the inventor in the patent
- a request for a patent to be granted,
- a brief indication of the object of the invention,
- it should be accompanied by a description of the invention, closing with one
or more conclusions, and a description of the object for which an exclusive
right is applied for,
- it should be accompanied by an excerpt of the description,
- if necessary some drawings to illustrate the invention
in the law which came into force on June 5th, 2008. The reason for this is that the users feel that it offers too little legal security on the validity of the patent. Consequently all patent applicants will have to request now a novelty investigation within thirteen months after the date of application. A patent with a term duration of 20 years is the only remaining possibility for patent applicants.
After receiving the application form, BIP will send it to the Dutch authorities in The Netherlands, responsible for the further administration and registration of the invention. At the end of the process if everything is completed correctly, BIP will receive a patent certificate that indicates that the patent is granted.
Please click here to contact us about receiving an application form for a patent registration (available only in Dutch).