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 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 Convention. This convention makes it possible to obtain patent protection through one application in different European countries regulated by the national law of respective European countries. Prior to patent application perform an investigation in databases to affirm authenticity EPO
You apply for a patent and you receive a filing date. The filing date is the start date of your final patent. That first filing date is important if you later apply for a patent for the same invention in another country. This is possible within 12 months after this first submission date. The first filing date will then also be the start date of your patent protection in that other country. The first submission date is therefore also referred to as the priority date or priority date.
After submitting your patent application you must have a 'research into the state of the art' carried out. The patent granting authority will then examine whether your invention is new, inventive and industrially applicable . You will receive a report of the investigation. Depending on the outcome, you can, for example, adjust the description of your invention or the conclusions (claims). The report is accompanied by an explanation that is called 'written opinion' in the Netherlands.
Tested or Untested Patent
In some countries, a review is now following. For example, has a patent been found that resembles your invention? Then it will be assessed whether the difference is large enough to call your invention 'new'. If your invention is not new, you will not receive a patent.
There is no test in the Netherlands. You will always receive a patent if you apply for this. Even if the 'research into the state of the art' shows that your invention, for example, is not new. Of course, such a patent has little value if you want to maintain it against infringement by a court. Someone who infringes can rightly argue that the patent is not valid.
Publication, granting and registration
18 months after the filing date, your patent will be published in the public patent register. The patent is then granted. The submission date is the start of the term.
Patent is valid for a maximum of 20 years from the filing date.
Prior to October 2010, the Netherlands dependent territories consisted of Aruba and the Netherlands Antilles. The Netherlands Antilles were dissolved on 10 October 2010. Before the dissolvement, the Netherlands Antilles comprised the Caribbean islands. As a result of the dismantling process of the Netherlands Antilles, Curaçao became also separate independent country in the Kingdom of the Netherlands and obtained a status similar to the status the island of Aruba already had since 1986. The constituent islands of the former Netherlands Antilles now all have their own distinctive trademark legislation and administration
In Curaçao, the exclusive rights to a trademark are granted only by registration, as it is a “first-to-file” jurisdiction. The trademark application has to be filed local with the Bureau for Intellectual Property of Curaçao (BIP).
Curaçao is also a member state to the Madrid Protocol. Thus, the extension of an international registration of a trademark via the Madrid System is possible for this country.
It is not necessary for a trademark to be in use in Curaçao for it to register. However, once registered, if it is not used during a continuous period of five years without valid reasons, the registration of the trademark may lapse.
If you register a combined trademark (which includes both word elements and figurative elements) in Curaçao, the exclusive right to use the trademark is limited to a use of the trademark in the exact configuration or way in which it was filed and registered. If you wish to use the word element of your trademark separately from the logo (or vice versa), it is recommended you register for another trademark including only the word or figurative elements you wish to use and protect separately.
Nevertheless, if a third party eventually registers or use a trademark for similar goods or services that includes a primary or distinct part or portion of your trademark, you will have the right to present cancellation actions against the conflicting trademark based on confusing similarity. Probabilities of success for an opposition will vary in each case depending on the circumstances.
For Curaçao, we need an original duly signed power of attorney stating the full name and address of the applicant. No legalization or notarization of the power of attorney is required.
In the absence of complications during the renewal proceedings, it may take approximately two to four months from the date of filing of the application until the certificate of renewal is issued.
In Curaçao, registered trademarks have a validity of ten (10) years from the date of application (filing). It can then be renewed for successive period of ten years. The renewal should be requested during the six (6) months preceding the expiration date