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ARTICLE · 08 DECEMBER 2021

Africa: Patenting Against The Clock

A patent prosecution process carried by a patent office takes a significant time lasting usually from three to six years.

GlobalIntellectual Property

A patent prosecution process carried by a patent office takes a significant time lasting usually from three to six years. The period from filing the patent application to patent granting depends on several factors, for example the work capacity of the patent office, meeting of the patentability criteria, number of necessary substantive examinations, and some time limits set forth by patent laws and regulations.

In certain situations, the necessary regular period to get a patent granted in some specific jurisdiction does not meet the expectations of the applicant, namely when the applicant wishes to have his patent granted as soon as possible in order to quickly enforce it.

This situation can happen when there is an infringement of the patent that harms its scope of protection in a certain jurisdiction or when the technology has a short lifespan and the effects of its related patent must be used timely.

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