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2007 was a special year for the Norwegian Industrial Property Office (NIPO) as the Government’s proposal for Norway to become a contracting party to the European Patent Convention (EPC) was passed by Parliament, to enter into force 1st January 2008.
At the same time, Parliament gave its consent to an agreement between Denmark, Iceland and Norway regarding the establishment of the Nordic Patent Institute, which would commence supplying services from the same date.
Neither of these decisions was particularly surprising. Norway actually signed the EPC in 1973 when it was first founded, but final accession has been continually postponed, mainly due to political problems linked to the patenting of medicines and to biotechnological inventions. |
Jørgen Smith
Director General, NIPO |
However in 2003, after Parliament gave the go-ahead for the implementation of the EU Directive for this type of invention, the way was opened for Norwegian membership of the EPC.
Membership of the EPC bestows considerable advantages on the Norwegian economy, commerce and industry. It will be easier and cheaper to file a European patent application, and Norwegian patent agents will gain access to a new and exciting market. On the other hand, foreign owners of European patents will have easier and cheaper access to patenting in Norway. This may stimulate the transfer of new technology to this country. In addition, membership of the EPC also gives Norway membership in the European Patent Organization, thereby giving us greater influence in one of the most important forums for developing European patent legislation.
Entry into the EPC will make considerable demands on the ability of NIPO and Norwegian patent agents to adjust. Foreign patent applicants will now be able to apply for a Norwegian patent via the EPC. This will first be evident towards the end of 2009, when international PCT applications will cease to come in. The accompanying lack of revenue will necessarily lead to a cut in expenditure, and perhaps to the development of new services.
Another challenge is to uphold a staff of qualified technical specialists, covering all technical fields, at a time when the number of new patent applications will drop by 80%. The maintenance of this type of competence is strongly desired by Norwegian industry and commerce. This would have been a difficult undertaking were it not for our collaboration with patent authorities in Denmark and Iceland regarding the founding of the Nordic Patent Institute. In 2007, the Institute was approved by the World Intellectual Property Organization (WIPO) as an international authority under the Patent Cooperation Treaty (PCT), and it is therefore able to handle international PCT applications from Norwegian, Danish and Icelandic applicants. The Institute is also entitled to undertake other commissions from customers all over the world. Nordic Patent Institute cases will be handled by officers at the Danish Patent and Trademark Office, and at the Norwegian Industrial Patent Office, thereby helping to compensate for the reduction in international applications.
Preparing for the launching of the Nordic Patent Institute has consumed substantial resources in 2007. The same is true for EPC-related courses for patent agents, and for industry and commerce. ISO certification to ensure the quality of internal processes linked to the handling of patent applications and search services has also been time-consuming.
I believe that we are now able to provide Norwegian industry and commerce with a sound transition to the EPC. Response has been positive. The greatest Norwegian patent reform ever undertaken is on the way to becoming a reality.