Backlog of European Patents

May 26, 2009
Intellectual Property News and Interesting Facts

Patent applicants are well aware of the fact that applying for patent rights in Europe may mean several years wait before applications will be approved.

In fact, the average waiting time for European patents at the European Patent Office is about seven years where it will only take about 12 months for an application to be approved in many countries including South Africa. Several suggestions have been made to reduce the backlog one of which has sparked another debate.

The suggestion was that instead of applying in various countries such as the UK, you should only need to apply at the EPO.

The problem with the suggestion is that it would overload the already heavy laden EPO and cause even further delays. The debate continues, but if you plan to take your patent international the best way would be through an Intellectual Property Attorney such as Smit & Van Wyk that knows the system and thus will ensure that your patent doesn’t get caught up in the system.