Patent

Patent

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A patent grants the inventor of a new invention the exclusive rights to protect its creation, commercializing it and reaping the benefits of its use for a limited period of time. In brief, inventors receive the right to freely use their inventions, in order that the invention cannot be commercially made, used, distributed or sold without the patent owners consent. The effort of inventors to create new ways of doing something or come up with new solutions to technical problems is promoted through patent rights protection.

Patent rights provide inventor exclusive rights to

  • be recognized as creator of the invention (award winning recognition)
  • file lawsuits against infringing competitors
  • freely exploit or market the invention commercially

Patent protection requires three main components for each invention:

  1. Invention is new and can be applied in the field of industry
  2. Invention is not a common result from inventors work
  3. Invention is applicable in respective field or industry

The Kingdom Patent Act of 1995, is the applicable law in Curaçao. A patent that is granted under this law has validation in the Netherlands as well as in the Netherlands Antilles and since October 10, 2010, Curaçao is recognized as a single jurisdiction within the Dutch Kingdom. 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.

Protection is granted for Curaçao, St. Maarten, The Netherlands and the islands of the Caribbean Netherlands (BES: Bonaire, St. Eustatius, Saba).

The role of the Bureau for Intellectual Property of Curaçao

Patent applications can be filed with the Bureau for Intellectual Property of Curaçao. Curaçao citizens and foreigners can file for patent protection using the Kingdom Patent Law of 1995. Curaçao citizens can also receive information at the Bureau about patent protection with the use of the European Patent ConventionThis convention makes it possible to obtain patent protection through one application in different European countries regulated by the national law of respective European countries.

TIP: prior to patent application perform an investigation in databases to affirm authenticity EPO

The Bureau for Intellectual Property of Curaçao standard patent application procedure

To obtain a patent submit three (3) copies of an application form. For patent application follow these steps:

Please note: the document connected to this part of the IP service are provided in the Dutch Language

  1. Go to the website of Octrooicentrum Nederland
  2. Download the Application form
  3. Fill out the form and PRINT
  4. Read the instructions carefully follow the steps for correct execution
  5. Write a detailed description of invention, summary, conclusion, and submit sketches (illustrations)
  6. Submit the 3 copies by paying ANG. 360
  7. Additional request for investigation of invention Local €100 / International €754

 

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