Background
One possible reason for this omission may be the assumption that the filing date for a regional patent application determines whether or not the EPO application will also include Norway. This assumption is however not correct. The requirement for obtaining patent protection by way of a European patent is that Norway was party to the EPC at the time of filing the international patent application (that is by filing to an international authority for examination in the international phase). PCT applications with an international filing date before 1st January 2008 must therefore pursue a national patent ( in the same way as prior to Norway’s membership of the European Patent Organisation), and will not be able to obtain patent protection in Norway via a European patent.
Only European patents (EP) with an international filing date of 1st January 2008 or later will be applicable in Norway.
The fact that the designation of all PCT member states and regional patent authorities from 2004 are automatically included when filing an international patent application does not alter this.
The Norwegian Industrial Property Office has contacted WIPO and information concerning this is now available in the PCT Newsletter for October 2008. www.wipo.int/pct/en/newslett/2008/10/article_0007.html
Please inform your colleagues and clients, and also trade associations if possible, in Norway and abroad concerning the contents of this notification.
References
The requirements for being included in a European PCT application are presented in the EPO’s Guide for Applicants, item 158 www.epo.org/patents/law/legal-texts/html/guiapp2/e/ga_e_i_3.htm
Here you may read the following:: “When can the EPO act as designated Office? Since all EPC contracting states are PCT member states, the EPO can in principle act as a designated Office for any EPC contracting state, provided the international application was filed on or after the date on which the EPC entered into force for the state concerned”. Check also the information under EPO’s Guide, item 7 www.epo.org/patents/law/legal-texts/html/guiapp2/e/ga_a_7.htm#GA_7
This is further emphasised::"The EPO can therefore act as designated and elected Office for any EPC contracting state provided the international application was filed on or after the date on which the EPC entered into force for the state concerned. This means that no European patent can be granted for an EPC contracting state on the basis of an international application filed prior to the date of entry into force of the EPC for that state."