octrooifamilies

An octrooifamilie, often translated as patent family, refers to a collection of patent applications or granted patents that are related to the same invention and have been filed in different countries. These filings are typically based on a single priority application, meaning that an inventor files an initial patent application in one country and then seeks protection in other countries within a specified period, usually 12 months, by claiming priority to that first filing.

The purpose of creating an octrooifamilie is to obtain patent protection in multiple jurisdictions where the inventor or company wishes to market or manufacture the invention. It allows for a streamlined process, as the subsequent applications benefit from the filing date of the original priority document. This is crucial for establishing novelty and inventive step against prior art that may have emerged after the priority date.

Members of an octrooifamilie can include national patent applications, European patent applications, and international patent applications filed under the Patent Cooperation Treaty (PCT). While all members of a patent family are fundamentally linked by the same invention and priority claim, they can evolve independently. For example, one patent within a family might be granted, while another is refused or abandoned in a different country. The scope of protection and the patentability requirements can also vary between jurisdictions, leading to differences in the claims and granted scope of the patents within the same family. Identifying and analyzing patent families is a common practice in patent landscaping and competitive intelligence.