Re-establishment of rights

If you have missed to meet a certain deadline, resulting in the loss of an application or a granted/registered right, you can apply to have your application or right restored.

What kind of deadlines can be re-established?

Deadlines where the possibility for re-establishments or rights applies:

  • Payment of annual fees and renewals
  • Failure to meet the deadline for reinstatement
  • Deadline to pay reinstatement fee
  • Deadline for submitting an appeal to the Board of Appeal for Industrial Property Rights
  • Deadline for paying fees for request for further processing (resumption fee)
  • Deadline for validating a European patent
  • Deadline for paying the validation fee for European patents
  • Deadline for extending a PCT application to other countries
  • Deadline for paying the application fee for PCT (and also fee for deferred translation deadline)
  • Re-establishment of priority (patents only)
  • Deadline for responding to NIPO's letter

How to request for re-establishment of rights

If you would like to request re-establishment of a patent, registration or application, you need to send a written request to NIPO.

In addition to demanding re-establishment of the patent, registration or application, you are also required to carry out the omitted action for which the original deadline was given (for instance, respond to the office action from NIPO and/or pay official fees, payment of renewal fees and additional fees).

Deadline for applying for re-establishment

The application must be received by the Patent Office within two (2) months after you or your representative became aware of the missed deadline.

If your case pertains to a patent or a patent application, we must receive your claim no later than twelve (12) months after the relevant deadline expired.

For missed deadline related to trademarks or designs, we must receive your claim no later than six (6) months after the relevant deadline has expired.

Within the same timeframes, you must also perform the action you were supposed to do within the original deadline. This could include paying any missing fees or responding to our letter

Have you missed the payment deadline of a fee?

If you have missed a deadline related to payment of a  fee or charge to NIPO, and you therefore no longer are able to use our payment service, you can pay directly via online banking. 

Account number: 8276.01.00192.

Payment from abroad: the IBAN for this account is NO8282760100192. BIC/SWIFT: DNBANOKKXXX.

NB: Please specify which case number (application, registration or patent number) the payment concerns.

How to justify your claim

You must provide a specific explanation for the deadline oversight.

You need to clarify why the missed deadline was not intentional. It doesn’t have to be a detailed explanation, but simply stating your intention to continue the process or retain the right is not sufficient.

What happens after we have received your claim?

We check if the claim has been submitted on time, which means within two months after you became aware that the deadline was missed.

We also verify that within the same deadline, you have taken the necessary action, such as responding to our letter or paying any outstanding fees.

If you have done this within the deadline, we will send an invoice for a fee related to the processing of your claim.

The invoice has a one-month payment deadline.

Once the fee is paid, we will begin processing your claim

How much does it cost?

The fee for claiming restoration of cases amounts to: 

  • NOK 3000 for patent
  • NOK 2 750 for trademark
  • NOK 2 800 for design



Please contact our Customer Service Centre, telephone + 47 22 38 73 00.