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Patent in Norway

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  • Patent fees

Fees associated with filing patent application in Norway as well as other patent fees are available in the fee calculator.

  • Term for filing a patent application in Norway

The term for filing a patent application in Norway claiming priority is 12 months from the priority date. For cases where the deadline has been missed after July 1, 2019, the priority can be restored. It is necessary to file a request for restoration within 2-month after the expiration of the 12-month deadline, and missing the deadline must have been unintentional.

  • Filing requirements in Norway

The official languages of patent prosecution in Norway are Norwegian and English. If the application is filed in English, the Norwegian Industrial Property Office shall, before sending the Notice of Allowance, inform the applicant that a translation into Norwegian of the patent claims in the application must be submitted before a patent can be granted and set a deadline for submission of the translation.

The Office accepts applications filed in any language and provides the following terms for submission of the translation:
- 16 months after filing if originally filed in Danish or Swedish;
- 3 months after filing if originally filed in German or any other language.

To obtain the filing date, a patent application in Norway must contain:
- name and address of the applicant(s) and representative;
- a description of the invention;
- priority application number, date and country, if any.

Priority can be claimed on filing or within 16 months from the priority date. In general, no Priority Document should be submitted. The Norwegian Patent Office may request the priority document, and the time limit for submission of the certified copy is three months from receipt of the corresponding notification.

The representative’s name and address must be cited either in the application form, which must be signed by the applicant or in a separate document. Legalization or notarization of the Power of Attorney is not required. It may be provided simultaneously with filing of the application or upon receipt of the corresponding request from the Patent Office.

If the applicant of the Norwegian patent application is not the inventor, a declaration stating the right of the applicant to the invention must be provided. The term for providing such declaration (Assignment Deed) is three months from filing the application.

  • Examination of a Norwegian patent application

The examination of a Norwegian patent application must be requested at the time of filing. Applications are examined as to compliance with formal requirements and with requirements for patentability.

  • Novelty grace period

Disclosure of the information about an invention shall not disprove its novelty in the following cases:
- it occurred within 6 months prior to filing of an application in Norway as a consequence of an evident abuse in relation to the applicant or their predecessor in title;
- information about the invention was disclosed by the applicant or his legal predecessor at the internationally recognized exhibition by the Bureau International des Expositions (BIE) and the application was filed within 6 months after such disclosure. Such exhibitions happen very seldom, therefore this exception from the novelty requirement hardly ever applies.

  • Grant, validity term and maintenance fees

The official fee for issuance of a patent in Norway should be paid within two months from issuance of the Notice of Allowance. In the case of failure to pay the fee for issuance of a patent, the application will be cancelled. However, the term for payment may be reinstated within 4 months after the expiration of the 2-month term by paying the corresponding fee. Patents in Norway are valid for 20 years from the filing date.

Pending applications and granted patents are subject to payment of annual fees. Annual maintenance fees should be paid starting from the 3rd year from the filing date, including annual fees for the 1st and 2nd years. Payment can be made within six months before the due date. The due date for paying annuities is the last day of the month in which filing occurred. Late payment may be effected within 6 months after the due date, a surcharge applies.

  • Duration of registration procedure

Average time from filing up to grant is 2,8-3 years.

  • Utility Model

Utility model protection is not stipulated by the Norwegian legislation.

  • Representation by a patent attorney

For foreign applicants, it is recommended to perform patent prosecution through an agent, a registered Norwegian patent attorney.

  • Notes

1. Online Search Databases: Norwegian Patents, European Patents (EPO).
2. The patent protection in Norway may also be obtained via European Patent and its further validation in Norway
3. Utility model protection is not stipulated by the Norwegian legislation.

Brief summary is based on the information provided by AWA NORWAY AS on 23.01.2024
Please contact us if the above information is not in conformity with Norwegian IP Laws