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The grant procedure varies according to the different states and relevant offices. The time necessary for obtaining a patent is thus also variable.
In Switzerland, most patents are granted after about three or four years. European patents are also granted after approximately four years or more when a priority has been claimed or if a backlog of work has accumulated at the competent examination division.
These time spans appear very long. In fact, most applicants are not interested in obtaining a patent any faster. A pending application has the advantage of being still capable of being amended or of becoming the object of divisional applications to adapt the claimed object to technological developments or the reaction of competitors. Furthermore, it is often desirable to postpone as much as possible the costs entailed by the grant, in particular if translations are necessary.
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Request for accelerated examination in Europe
It is in fact possible to request an acceleration of the grant procedure of a European patent. This request is not bound by any formal constraints and does not entail additional fees. In the case of a simple application without unexpected complications, it is thus possible to obtain grant of a patent within a 12 to 24 months’ deadline. This simple procedure is however not used much.
Request for accelerated examination in Switzerland
An acceleration of the procedure in Switzerland is possible upon payment of an additional fee and the first examination report will then be issued after about 12 months already.
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