Addition to 'Deadline payment first annual fee for Netherlands patent no longer extendable'

Our news item dated 9 June 2026 was not clearly formulated and has raised several questions.

Further details are provided below:

When a patent is granted on the basis of a Netherlands application, the first annual fee is due before the start of the fourth year following the filing date. 

Occasionally, a Netherlands patent will be granted shortly before this date. Consequently, the patent owner (or representative) may have less than two months to pay this annual fee before the due date. In such cases, the patent owner was given an additional two months to pay the annual fee without a penalty fee. 

However the exception under Article 61(2) of the ROW95 applies only to European patents, but not to Netherlands patents. As of June 15th 2026 (release 2.11), this extension of the payment deadline without a penalty for Netherlands patents will no longer apply. 

For all Netherlands patents, if the payment deadline of the first annual fee has passed, the 50% penalty fee will apply.