Lien on intellectual property rights
Both patent and trademark rights in Norway can be subjected to a lien. This also applies to certain licenses to such rights.
What is a lien on intellectual property rights?
A lien on a patent or trademark means that you use the right as collateral for a loan or other obligation. This is referred to as a lien on intellectual property rights.
When you grant a lien on a patent or trademark, you give the lender – for example, a bank or financial institution – a legal claim on the right. If you fail to repay the loan as agreed, the lender can, with assistance from the authorities, sell the patent or trademark to recover the debt.
A lien on intellectual property rights such as patents and trademarks provides the lender with greater security. It also makes it easier for companies with valuable rights to obtain financing.
How can a lien help your business?
Granting a lien makes it easier for start-ups and innovative companies to obtain capital. Many early-stage businesses often lack access to overdraft facilities or traditional loans. By granting a lien on intellectual property rights, such as patents, trademarks, or licenses, you can use these assets as collateral for a loan or other financing.
A lien can unlock capital for the development of new ideas, products, and services, while also reducing the lender’s risk.
To ensure that the lien is valid and enforceable, you must register it with us. Registration records who holds the lien and protects both you and the lender in case of financial difficulties.
What can you grant a lien on in Norway?
In Norway, you can grant a lien on patents, patent applications, and patent licenses. Since March 1, 2023, it has also been possible to grant a lien on registered trademarks, trademark applications, and licenses for such rights.
Design rights cannot be granted as a lien on their own.
How do you register a lien in the Norwegian Industrial Property Office's register?
You must notify us in writing if you want us to register the lien in the Norwegian Industrial Property Office's register. We recommend using the form for recording of lien in Altinn.
What documentation do you need for registration?
A copy of the lien agreement is usually sufficient. The documentation must show:
- the name and address of both the person granting the lien and the lienholder
- which rights are being pledged (for example, patent number or trademark number)
- the amount of the secured claim
- that the owner of the rights has given consent, for example by signing the lien document.
What does registration cost?
The fee for registering a lien is 500 NOK.
If you are using multiple patents, trademarks, applications, or licenses as security for the same claim, you pay 500 NOK for the first registration and 100 NOK for each additional registration.
Do you have questions about liens in intellectual property rights?
Contact the customer service center on +47 22 38 73 00.