Application prosessing in Norway
Here you will find information about what happens in the various phases of application processing, and what you need to think about.
Filing of an application
If you hand file your application in our digital application form, the application form will help you meet several of the formal requirements for the information we need. You can choose to pay while filing or request an invoice. You will be given a 4-week deadline to pay. You pay the application fee to have your application processed and this cannot be refunded.
When you have filed a patent application, we will inspect whether there are formal deficiencies in the application, such as payment of more than 10 claims, any declaration of rights, name and address of inventors, approved language or deficiencies in priority claims. We will send you a letter within a few days with a response due date of 3 months if there are deficiencies in the application.
If you receive this letter, you must reply within the due date we have set. If you do not pay or reply by the due date, we will shelve the application. You may ask us to resume processing your application by correcting the deficiencies we pointed out in our letter. We will invoice a resumption fee.
If we cannot process the application, we will send a letter and give reasons for this.
Processing of applications
3-6 months after you filed the application, we begin assessing whether your invention meets the requirements for obtaining a patent. When we process your patent application, we look in all open sources, such as patents, professional literature, the internet, reports, standards and more to see if we find anything that shows the same or a similar invention as the one described in your application.
4-7 months after you filed the application, you will receive a letter from us with our first assessment of whether your application can become a patent. Here we inform about what we have found of similar inventions and how we assess it in relation to the content of your application. If there are deficiencies or errors in the application, these will also be commented on. You have 6 months to respond to our letter. In your reply, we want you to present arguments if you disagree with our assessment, or that you file amended patent claims so that they differ more from what is already known.
Within 12 months. If you intend to apply for a patent for the same invention in other countries, you must do so within 12 months of filing your application if you want to keep the priority given by your filing date.
Read more about priority.
Read more about entering the national or regional phase (lenke til teksten om videreføring for uerfarne)
Within approximately 3 months of your reply, we will reconsider your application, based on your arguments, and the amended patent claims if you filed it.
If you have filed amended or new patent claims, we will start by checking that the patent claims are based on the application as it was when it was originally filed. An application cannot be amended so that you apply for a patent for something that was not stated in the application when it was filed.
If we do not agree with you, we will send you another letter with our assessment, stating what needs to be changed in order for the application to be approved, or why it cannot be approved. You will be given a deadline of 3 months to respond to this letter.
If we agree with you and believe that your application meets the requirements for a patent, we will send you a written notification of notification (approval) and invoice for a fee. Your application will then be approved for patent (granted).
18 months after you filed the application, the application is published, this is also called publicly available. Then it will be published and available to everyone, in the patent register. Correspondence in the proceedings will also be made public. You can find the application and correspondence in our database, and the application will also be available in Espacenet.
If you withdraw the application before 18 months have passed, it will not be published. If you have special reasons, you can also request that specific trade secrets not be made public.
Provisional protection gives you protection against patent infringement while your application is being processed. The application is protected from the day it is publicly available, provided that the application is written in Norwegian, or that you have submitted a translation of the patent claims into Norwegian. Link to the provisional protection page.
Frequently asked questions
A patent can be maintained for up to 20 years from the day you file an application, as long as you pay annual fees. You must pay an annual fee for each year. If you do not pay the necessary fees, the patent expires.
After a patent has expired, everyone has the right to exploit the invention. In certain cases, however, the right of others to exploit the invention may be limited by other legislation. This may, for example, be contrary to good business practice under the Marketing Control Act, or be because it is protected by copyright.
You can withdraw your application in a written notification to us via Altinn, by e-mail or post. Shelved applications cannot be withdrawn.
NIPO's role in case processing
NIPO is a public, neutral authority that assigns rights. Guidance and advice from us will primarily be related to case processing. If you need more individual and tactical advice, we recommend using a patent attorney or another private actor who is an expert in the field.