The standard answer to the question of how long it takes to obtain a patent is “it depends.” But at Custos IPC, we like to give a somewhat clearer and more complete answer. The process of obtaining a patent depends on several factors.
The standard answer to the question of how long it takes to get a obtain a patent is “it depends.” But at Custos IPC, we like to give a clearer and more complete answer. The process of obtaining a patent depends on various factors. These can include, for example, the complexity of the invention, the speed of the examining examiner, but also how quickly you, as the applicant, respond to official correspondence. The entire process can take anywhere from two to five years.
Patent application timelines
Dutch patent: 12-18 months from application to grant. European patent (EPO): 3-5 years for the entire procedure. PCT international route: 2.5-7 years depending on the countries selected. US patents: 2-4 years on average. Acceleration possible via the PACE program.
The first step is to submit the patent application. at, for example, the Netherlands Patent Office (OCNL) or the European Patent Office (EPO). This application must be clear and complete, with a description of the invention, including clarifying drawings. After the application is submitted, it is formally assessed to see if it meets the basic requirements.
After filing, the application is assessed for novelty, inventive step and industrial applicability. The Patent Office carries out a thorough novelty examination to determine whether the invention is actually new and whether it has not previously been described in other patents or (scientific) literature. This examination can take several months to more than a year, depending on how busy the Examiner concerned is and also the complexity of the invention.
Regardless of the progress of the examination, the patent application is published 18 months after filing. From that moment on, the content of the application is visible to the public, even if a final decision on granting the patent has not yet been made.
After the examination, the Examiner may raise comments or objections. Sometimes changes need to be made to the application, for example to the claims. It is also sometimes necessary to clarify the invention or meet certain requirements. This is a crucial phase, during which there is regular correspondence with the examiner. If all requirements are finally met, the Examiner will grant the patent.
You see, the question of how long it takes to obtain a patent cannot be answered by default. Hopefully, the above explanation is enlightening. Should there be any questions, contact please feel free to contact us.
How long does a patent application take?
Dutch patent: 12-18 months
European patent (EPO): 2-5 years
International patent (PCT): 2,5-7 years
