How long does the registration procedure usually take?
Intellectual Property (3rd edition)
At least 3 years.
12 to 18 months
6 to 9 months
8 to 12 months
Statistics from NIPO state that the average duration of the grant procedure for a national patent is 3.6 years. NIPO provides its first assessment of the patentability of the invention within five-seven months.
The registration procedure for designs takes two three months.
If an application for a trademark is filed via NIPO’s application guide, the registration procedure takes three weeks. If the application is filed in a different way, NIPO will provide its first assessment within five six months. The timing for the registration procedure will in both cases depend on whether, and to what extent, there are deficiencies in the application rectified by the applicant.
The registration procedure for business names takes approximately two weeks.
- Patent rights – at least 12 months, depending on many factors such as the application route selected, type of examination requested and how quickly the applicant files examination requests and responds to patent office correspondence.
- Industrial design rights – 4-6 months.
- Trade mark rights – 9-11 months.
- Geographical indications – 9-11 months.
- Plant varieties protection – 24-36 months.
What is the procedure for registration?
Appellations of Origin
Copyright and other rights
15-30 business days.
Reservation of rights
15-30 business days.
Patents, semiconductor topography and plant varieties: For invention patent, it takes on average 2.5 years from filing to granting. For utility model patent, it takes on average 10 months from filing to granting. For design patent, it takes on average 6 months from filing to granting. For semiconductor topography, it takes on average 2 months from filing to registration. For plant varieties, it takes on average 4 years from filing to registration.
Trademarks: 1 year on average.
Copyright: 3 months on average.
Regarding trademarks, the registration procedure lasts about 5 months if there are no oppositions and if the form and background exams are favourable.
Concerning patents, the registration procedure lasts around two years if no opposition are presented and if the form and patentability exams are favourable.
If oppositions are presented or the exams are not favourable, it could take up to 3 years to register trademarks or industrial designs; while it could take about 10 years to register a patent.
Patents 9 to 15 months
Registered Designs - within 12 months
Trade mark - 1 to 2 years
Plant Breeders Rights - depends on plant variety as test plantings may be required depending on when the plants are ready for examination and takes at least 4 years. Two generations or more of plantings are required depending on plant variety.
The grant of a patent (assuming there are no objections along the way), would take around a year to a year and a half from the filing date.
The registration of a trade mark (assuming there are no oppositions along the way) would take anything between 6 to 9 months from the filing date.
The grant of a design right would take around 5 months from the filing date.
Domain names may be secured within a couple of working days from the date of filing. The applicant should file within 6 working days from the date the Administrator informs the applicant that a domain name is available, all accompanying documents requested by the Administrator (e.g. certificate of incorporation, authorised representative declaration, trade mark registration certificate, etc.), in person or by fax, or email or in electronic form as well as pay the relevant fee.
Patents: 14.1 months on average (from the request for examination through the final disposition, FY2017).
Designs: 6.7 months on average (from the filing of the application through the final disposition, FY2017).
Trademarks: 7.7 months on average (from the filing of the application through the final disposition, FY2017).
In general, 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, after the payment of the application fee it takes approximately 4 months to obtain a registration, provided that the IPI does not raise any objection against the registration of the sign. Against payment of an additional fee of CHF 400, the applicant can request a fast-track examination, where the IPI will examine the trademark application within a maximum of one month following filing and register the trademark, subjects to objections of the IPI, after the payment of the filing fee.
A design registration can be completed, if done properly, 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 will obtain the opinion of the Commission for Designations of Origin and Geographical Indications, and will also call upon the relevant cantonal and federal authorities for their opinions.
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.
Usually, the regular procedure takes between 4 and 5 years. However, due to the huge backlog issue, those procedures might take longer than expected.
Overall, patent applications may take up to 13 years to be analysed, depending on the type of patent and the technical area it encompasses.
Trademark Applications procedures are taking about 1 year to be examined, if an opposition was not filed against the trademark application. If oppositions are presented, it usually takes 2 years. With Brazil´s accession to the Madrid Protocol, it is expected that examination and analysis are concluded in less time.
Geographical Indications: the procedures usually take about 3 years.
Plant Varieties applications may take between 12 to 24 months.
Industrial Design applications may take between 9 to 14 months to be analysed.
Patents: The overall time is 4-7 years from the start of the first examination until allowance/refusal and may be longer. This period includes standby time of 24-33 months and depends on the type of technology; and the examination time of 15-30 months depends on the type of technology.
Accelerated examination is available under certain circumstances.
Trademarks: Registration of a trademark takes 12-15 months, provided that no Office Actions are raised by the examiner and/or no oppositions are filed by third parties. Accelerated examination is available under certain circumstances.
Designs: Registration may take between 6-24 months from the filing date of the application. Accelerated examination is available under certain circumstances.
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.
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.
The length of the registration procedure varies depending on the right at stake.
• Regarding patents, the registration procedure takes approximately thirty-six months;
• Regarding supplementary protection certificates, the registration procedure takes
approximately between one or two months;
• Regarding utility certificates the registration procedure takes approximately eighteen months;
• Regarding trademarks, the registration procedure takes approximately six months absent of any opposition proceedings;
• Regarding collective and certification marks, the registration procedure takes approximately six months absent of any opposition proceedings;
• Regarding design rights, the registration procedure usually takes approximately four months.
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 4-5 years from the date of filing the request for examination, while for trademarks, the registration process may take up to 2-3 years.
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: – 7-9 months
The registration process varies according to the type of IPR being filed. The trademark office has just transitioned from conducting both a relative and absolute grounds examination to an examination based solely on absolute grounds. It is therefore expected that the previous 4-6-month time frame for registrations will be reduced somewhat although one is to consider that following publication of an application, 60 working days are reserved for the opposition period, upon the lapse of which a trademark may proceed to registration. With patent applications, as long as all required documents are filed, the process will last eighteen (18) months. Design right applications have recently sped up and the process lasts between 1-3 months.
The registration procedure usually takes the following time:
- For a patent of invention: between 3 to 4 years.
- For a utility model patent: between 2 to 3 years.
- For an industrial design: between 6 months to 1 year.
- For a trademark: between 4 to 6 months.
- For a copyright: between 4 to 6 months
The registration procedure for Trademark is fast track in Saudi Arabia after adopting online filing system. The trademark applications are examined within an average of 14 days from the filing date. If trademark application fulfils the conditions of registrability and there is no office action, registration certificate can be issued within 03 months from filing date. In case of office actions, it usually takes upto 04 months until issuance of certificate of registration.
In case of Patents, depending on nature of objections during substantive examination, the time frame may slightly vary. From the filing date of patent application, the grant of patent usually takes 2-3 years.
Industrial Design can be registered within 5-6 months from filing date. In Saudi Arabia, there is no substantive examination of Industrial Design applications.
- Patents – the type of patent you apply for will determine the length of the registration procedure:
- Trade marks – the minimum length of the registration procedure is seven months although, in practice this timeframe is more realistically 12 months. Depending on the circumstances of the case, however, the registration procedure can take years.
- Geographical indications – depending on the circumstances of the case, it is possible for registration of a GI as a certification trade mark to be obtained in approximately 12 months. Wine Australia has stated that registration of a protected wine GI can be registered in minimum six months although, in practice the timeframe would be longer and will depend on factors such as whether the mark is contentious, the quality of the information provided to the GIC, and whether any objections are made.
- Designs – it can take up to three months to process an application and do the formalities check. Once the formalities check is successful and/or any issues are resolved your design is registered. If you request examination of your design this will happen within three months of the request being submitted. You will generally have six months to respond to any issues raised in examination.
- Plant breeder’s rights (PBRs) – the registration process can take just under a year, or over ten years, depending on the species you are breeding. The average time for PBR registration is two and a half years.
a. Standard patent (including pharmaceutical patents) – depending on the circumstances and the type of protection you are applying for, the registration process can take six months up to several years.
b. Innovation patent – usually granted within a month of filing the complete application (this is because there is no examination before it is granted). If requested by yourself or third party, examination (to clarify your legal rights) will take six months.
The length of the registration procedure varies depending on the right and the subject matter of the application. Applications that prompt rejections from the USPTO or the Copyright Office have longer processing time than those that are not rejected.
Patents: Approximately 22 months from the filing date
Trademarks: Approximately 6 months to a year
Copyrights: Approximately 4 months to 28 months