Advises on Validity

For Dutch patents only, Dutch Patent Law provides the possibility to seek advise on validity.
This may be very helpful in cases in which there is doubt as to whether a Dutch patent is valid, or whether it is partly or wholly invalid. This is particularly so in cases in which the question of validity is relevant for a situation of possible infringement.

In an argued request Los & Stigter can submit invalidity-arguments to the Dutch authorities appointed to issue advice on validity. The patentee has an opportunity to respond to the arguments in writing; thereafter Oral Proceedings will be scheduled both parties to give both parties the opportunity to voice their respective cases.

The advice on validity that will be issued thereafter does not bind the Courts that have exclusive jurisdiction to decide on the validity of the Dutch patents, however, the Courts cannot receive an action on invalidity unless the advice is available.