The timeframe to register the design differs from country to country. Usually, the design examiner analyses the design applications according to their consecutive application numbers. Despite the fact, that examination and registration of the design can last for a long time, from the date of filing the design application, the priority right to the design arises and temporary protection is granted until the design certificate is issued.
In Europe, if the design application confirms all the requirements for the Fast Track process, the design in registered within two-three days.
CONDITIONS FOR THE FAST TRACK PROCESS IN EUROPE:
1. Use online application form
2. Use DesignClass when you are indicating the products to which your design applies;
3. Include any relevant attachments if you would like to claim priority;
4. Pay directly when submitting the application.
In United States the examination term can be up to one year or even longer if some objections are raised. The examination timeline also depends on the workload of a specific unit, dealing with the Designs.
The applicant can calculate the time until the first office action at US PTO website.
For other countries, the process of registering a design usually takes about 9 to 12 months. It depends on the applicant, the actions of the interested party and specified law terms.
After submitting an application, in most countries, the design is not published for 6 months. The publication of the design can be postponed up to 30 months by owners request. It is called a Deferment of publication. The request for deferment must be made on the initial application form; later requests are not accepted.
In Europe, if no problem is detected by the examiner or if you solve any issues arising, your design is registered. It is also published in the Designs Bulletin. If you have asked for your design to be deferred, only the design number, the filing date, the registration dates and the names of the applicant and representative will be published. The representation of the design itself will not be published. A registration certificate is issued online after the registered Community design has been published in full. A paper copy of the certificate of registration will not be issued. However, uncertified or certified copies of the registration certificate may be requested.
In US, if the examiner determines that your application is in satisfactory condition and meets the requirements, you will receive a Notice of Allowance. The notice of allowance will list the issue fee and may also include the publication fee that must be paid prior to the Patent being issued.
