Continued processing despite missing a deadline

You may request continued processing if you have lost an application or a right because you unintentionally failed to meet the deadline for:

• paying an annual fee or renewal fee
• requesting reinstatement within the deadline
• paying the fee for reinstatement
• filing an appeal with KFIR
• paying the fee for a request for continued processing
• validating a European patent
• paying the validation fee for an European patent
• entering a PCT application into the national phase
• paying the application fee for a PCT application, and where applicable the fee for deferred translation
• requesting restoration of priority in patent matters
• replying to letters from the Norwegian Industrial Property Office

To request continued processing of an application or a right, you must do two things:

• carry out the action you failed to do, which caused the application to be shelved or the right to be lost
• submit a written request for continued processing

Use the form "Claims and complaints to the Norwegian Industrial Property Office and KFIR" in Altinn when submitting the request.

You must submit the request within two months after the obstacle that led to the missed deadline has ceased. This will often be when you become aware that you missed the deadline.

In addition, the following absolute deadlines apply:

• Patent: no later than 12 months after expiry of the original deadline
• Trademark: no later than 6 months after expiry of the original deadline
• Design: no later than 4 months after expiry of the original deadline

Important: The same deadlines also apply to carrying out the action you originally failed to do. This may, for example, be responding to an office action, paying a fee or charge, submitting required documentation, or remedying deficiencies in an application or appeal.

If the deadline for paying the annual fee or renewal fee has expired, you must pay directly to our bank account.

You must explain specifically why you failed to meet the deadline. You must also explain why the failure to meet the deadline was unintentional.

The explanation does not need to be long or detailed, but it is not sufficient simply to state that you wish to continue the case or retain the right.

We first check whether you submitted the request in time. We then check whether you have done what was missing. For example, this may mean that you have replied, paid, submitted or corrected something.

If everything is in order, we will send you an invoice. Once we have received the payment, we will process your request.

Processing the request costs:

• NOK 3 000 for patent
• NOK 2 750 for trademark
• NOK 2 800 for design