How long does the registration procedure usually take?

Intellectual Property (2nd edition)

France Small Flag France

The length of the registration procedure varies depending on the right at stake.

  • Regarding patents, the registration procedure takes approximately thirty-six months;
  • Regarding trademarks, the registration procedure takes approximately six months absent of any opposition proceedings;
  • Regarding design rights, the registration procedure usually takes approximately four months.

Switzerland Small Flag Switzerland

The duration of the registration procedure varies on a case by case basis.

The registration procedure of a patent can take several years. The applicant can submit a request for an accelerated procedure, in which case the substantive examination will begin immediately upon receipt of the application (instead of about 3 years after filing).

In trademark matters, the time required to register an application is usually between 3 and 4 months from the time of payment of the fee. Against payment of an additional fee of CHF 400, the applicant can request a fast-track examination, where the IPI will examine the application within a maximum of 10 working days following filing and register the trademark after the payment of the filing fee.

A design registration can be completed in a matter of days, as the IPI only reviews the formal requirements, without conducting a material review of the design.

The PGI/POA registration generally takes approximately 2 years. The procedure involves amongst others an investigation of the representativeness of the group applying for registration and the product specification. Moreover, the Federal Office for Agriculture shall obtain the opinion of the Commission for Designations of Origin and Geographical Indications, and shall also call upon the relevant cantonal and federal authorities for their opinions.

Poland Small Flag Poland

There are several factors which may affect the length of registration proceedings. In cases where third parties are involved (e.g., by filing oppositions), registration may take significantly longer.

Relatively simple patent registrations usually take two to three years for the Patent Office’s final decision to be issued, depending on the type of invention that the application covers.
Utility models are usually registered in three to four years from filing, but the term may vary greatly from case to case.

A national trade mark is usually registered within six to nine months from filing, while for an EU trademark the term is usually around six months.

National designs are usually registered within six months from filing.

There are very few registrations of semiconductor topographies in Poland, so it is difficult to state how long a 'typical' registration procedure takes. Some most recent applications were registered in around six months.

Italy Small Flag Italy

Duration of the registration procedure may vary depending on the IP right.

For patents and utility models the registration procedure usually takes from two to three years.

The procedure to register a trademark lasts roughly 15/18 months.

Cyprus Small Flag Cyprus

Patents: Twelve to eighteen months from the filing date for the national application and three to eight years from the filing date for an application to EPO.

Supplementary protection certificates: Two to three weeks from the filing date.

Trade marks: Three to four months from the filing date for a national trade mark and three months from the filing date for a Community trade mark, in case no opposition is received.

Designs: Three to four months from the filing date for national designs and three to four weeks from the filing date for Community designs.

Domain names: One to three days from the filing date.

Israel Small Flag Israel

Patents:
The pendency period for patent applications at the Israeli Patent Office has decreased in the last few years. Currently, the registration procedure lasts about 3-4 years.

There are a few provisions for expediting the examination of a patent application, including: expatiated examination of applications that were filed first in Israel, expediting examination of “green” technology inventions, PPH and GPPH procedures, and Modified Examination relying on corresponding granted patents.

Designs:
In 2016, the average waiting time for the examination was 3.5 months, with the average duration of the examination also 3.5 months.

Trademarks:
Usually the registration process lasts between 18 and 24 months but it can be longer depending on the complexity of the examination and the nature of the objections issued against a trademark application. For national applications, a foreign applicant requires an attorney for the filing, examination and registration of a trademark. When International applications designating Israel are concerned, a foreign applicant requires an attorney only if a response should be filed with the ILPTO directly and could not be handled through WIPO.

Chile Small Flag Chile

  • Trademarks:
    The process of registering a trademark can take approximately 4 to 6 months. This period may be extended up to approximately 2 years in the event that oppositions are filed or substantive objections are made.
  • Patents of invention / utility models / industrial drawings and designs / layout designs (topographies) of integrated circuits:
    The procedure of granting a patent of invention may take approximately between 3 and 4 years. This period may be extended to approximately 5 or 6 years in the event that oppositions are filed or substantive objections are made.

    In the case of a utility model, the process of granting may take approximately between 2 and 3 years. This period may be extended up to approximately 4 and 5 years in the event that oppositions are filed or substantive objections are made.

    Finally, in the case of drawings, industrial designs, layout designs (topographies) of integrated circuits, the registration process may take approximately 1 to 2 years. This period may be extended up to approximately 3 and 4 years in the event of opposition or substantive objections are made.

  • Copyright:
    The process of registering an intellectual work takes approximately 1 to 3 weeks.

Greece Small Flag Greece

A smooth application from filing to registration will usually take:

  • Patents: 12 - 16 months.
  • Utility models: 6 - 8 months
  • Registered designs: 6 -8 months
  • Semiconductor topographies: 5 months
  • Trade marks: 5 - 7 months

United Kingdom Small Flag United Kingdom

The length of the registration procedure varies depending on the right, where the application is made (see question 5) and the nature of the application.

In general, applying for a patent will take 3-4 years in the UKIPO (although it can be considerably quicker than this if fees are paid early and correspondence is responded to promptly or longer if the UKIPO raises objections or questions in respect of the application) or 3-8 years in EPO (and post-grant opposition proceedings may considerably lengthen the duration of EPO proceedings further).

Applying for a registered trade mark will generally take between 2-4 months in the UKIPO or 3-6 months in the EUIPO if the application is unopposed. Applying for a registered design is a relatively short process and can take just a few days or weeks in both the UKIPO and EUIPO since there is no formal examination.

Pakistan Small Flag Pakistan

There is no prescribed time for registration of IP rights as it depends upon the work load at the concerned departments.

Ecuador Small Flag Ecuador

The registration procedure lasts about 5 months if there is no opposition and if the form and background exams are favourable.

If the oppositions were presented or the exams were not favourable, it could take up to 3 years in trademarks and industrial designs; while in patents it could take up to 10 years, it depends on the complexity.

United States Small Flag United States

(a) Patents

  1. Utility patents: The USPTO reports that the average utility patent application is granted as a patent or abandoned in about 26 months, although longer pendency is not uncommon.
  2. Design patents: The USPTO reports that the average design patent application is granted as a patent or abandoned in about 19 months.
  3. Plant patents: Average plant patent application pendency is difficult to predict because of the relatively few plant patents granted each year (around 1,000), and application pendency can vary considerably.

(b) Trademarks
The USPTO reports that the average trademark application pendency is about 10 months.

(c) Copyrights
Registrations are generally completed in 3 months for applications filed electronically and in 10 months if filed in paper form.

Malaysia Small Flag Malaysia

Patents:
At least 3 years.

Trade marks:
12 to 18 months

Geographical Indication:
6 to 9 months

Industrial Design:
8 to 12 months

Philippines Small Flag Philippines

The normal registration usually takes three to four (3 to 4) years for patents, one to one and a half (1 to 1.5) years for utility models and industrial designs, six to eight (6 to 8) months for layouts of integrated circuits, eight to eighteen (8 to 18) months for trademarks, and one to two (1 to 2) months for copyrights.

Japan Small Flag Japan

Patents: 14.6 months on average from a request for examination to the establishment of rights (in FY2016).

Trademark rights: 6.8 months on average from the filing of an application to the establishment of rights (in FY2016).

Design rights: 7.0 months on average from the filing of an application to the establishment of rights (in FY2016).

UAE Small Flag UAE

 Right

Timescale from filing to registration

TMs

9-12 months

Patents (UAE national filing)

3-5 years

Patents (GCC patent filing)

3-5 years

Utility Certificates

3-5 years

Designs

3-5 years

Copyright recordal

Less than 2 months

Mexico Small Flag Mexico

Inventions

IP right

What is the procedure for registration?

Patents

3-4 years

Utility models

3 years

Industrial designs

8-12 months

Integrated circuits

2-3 years

Brands

IP right

Registration period?

Trademarks

3-6 months.

Trade names

Slogans

Appellations of Origin

10-12 months.

Geographical Indications

Copyright and other rights

IP right

Registration period?

Reservation of rights

15-30 business days.

Plant varieties:

12-18 months.

India Small Flag India

The time for the registration process may be different for different intellectual property rights. For example, for patents the entire registration process may range from 3-4 years from the date of filing the request for examination, while for trademarks, the registration process may take up to 2-3 years.

Sweden Small Flag Sweden

The processing times have been specified below under the assumption that the application is complete when first submitted. Days shall mean business days.

(a) Patent
Between one and two years.

(b) Trademark Rights
Between 10 – 11 weeks.

(c) Trade Name Rights
Four days if registering a new limited company. 10 days for change of Trade Name.

(d) Design Protection
Two months.

(e) Plant Variety Rights
One week.

Latvia Small Flag Latvia

It depends on the type of rights. The procedure for patents lasts approximately 2-5 years (there is a possibility of accelerated processing, in this case the patent may be granted in three to nine months from the filing date). Trademarks are registered within 7-8 months. Designs are registered within 5 months. Semiconductor topography and plant varieties are registered within about one year.

Vietnam Small Flag Vietnam

Patent for invention, utility solution: at least 3 years (possible delay of 6-8 months)

Patent for design: 11 months

Layout design: 6-7 months

Trademark: 12-13 months (possible delay of 8-12 months)

Geographical indication: 9-10 months

For plant variety: 7-8 months

Germany Small Flag Germany

The registration procedure for patents takes 24 to 30 months on average, provided that the examination request has been filed within the initial four months from the filing date and the examination fee has been paid.

The procedure for the registration of utility models is much faster and takes approximately three to four months.

In theory, the registration procedure of trade marks is completed within about seven to eight months. There is the possibility of accelerated processing which is subject to an additional fee. The trade mark will then be registered within six months after filing.

For registered design rights, the registration usually takes two to four weeks after the receipt of the application fee.

Semiconductor topography rights are similar to utility models and also unexamined IP rights, therefore the registration procedure is completed relatively fast as well.

For plant variety rights the registration procedure takes approximately 12 to 24 months.

Malta Small Flag Malta

The registration process varies according to the type of IPR being filed. With patent applications, as long as all required documents are filed, the process will last eighteen (18) months. Trade mark application procedures, on the other hand – and under the current procedure requiring relative grounds examination by the IPRD – last approximately 4-6 months. Design right applications have recently sped up and the process lasts between 1-3 months.

Updated: August 2, 2018