Accelerated processing of your patent application

Accelerated processing (AKS) means you receive a faster response from us than other wise expected. It usually takes 5-7 months from the date you file an application until you receive an initial opinion from us on whether the application can be patented or not. With AKS you receive a response within 4 months.

Who can request accelerated processing?

Anyone who files a first application to NIPO. The scheme applies both to applications filed via a patent attorney and to private applicants. 

Which applications can be processed with AKS?

Only applications without priority (first applications) can be processed with AKS. This is the first application you file concerning an invention. If you have previously filed an application for the same invention in another country, you cannot request accelerated processing from NIPO. 

Applications that contain several independent inventions cannot be processed with AKS. 

What does it cost? 

There is no extra charge when requesting accelerated processing. 

How fast will you receive the response?

When using AKS you will receive an initial assessment of the application within approx. 4 months. If you respond quickly to our first assessment, you may possibly receive two assessments from us before the priority deadline expires, which is one year from the date you filed the application. With two assessments from us, you have a good basis for considering whether you should apply for a patent in other countries. 

By using AKS, it is also possible for the patent application to be processed and approved within approx. 12 months. This presupposes that you follow up the application, that the application is not too complicated, that it does not require more assessments from us, and that you request early publication of the application. 

How do I request AKS?

In the application form: to have the application assessed within 4 months check for accelerated processing in the application form in Altinn or request it in the Application Guide on NIPO’s website. 

You must do this when you file the patent application. A request for accelerated processing that comes in after the application has been filed will in principle not be accepted.

Formal deficiencies

If you receive feedback from NIPO that the application contains formal deficiencies, you must correct these within the 1 month deadline. These defects are, for instance, a missing address or payment. 

What happens if your application does not satisfy the conditions for AKS?

If your application does not satisfy the conditions for AKS, for example if the application contains several independent inventions or you do not correct formal deficiencies within the deadline, the application will be processed according to the usual procedure, which takes 5-7 months. 

You will be notified in writing by us if the application cannot be processed with accelerated case processing. 

It is still possible to request an expedited examination of the patent application under certain conditions. In this case, you must give us a reason for your request. 

Who may benefit from requesting AKS?

There may be several good reasons for requesting a faster processing of a patent application, such as: 

  • the market you operate in is developing rapidly 
  • investors or other interested parties want clarification on whether the invention can be patented 
  • a product is being launched soon into the market 
  • you want a quick clarification on whether the development project you are working on can be patented. 

Not all applicants are interested in a fast assessment of their application. For some, it may be more important to have time to develop the invention. In such cases it may be enough to obtain an initial assessment within the priority year, as a basis for evaluating whether to apply for a patent in other countries. 

What is the risk of requesting accelerated processing?

The databases we use to examine your invention are updated regularly. The examination may give different results at 7 months than at 4 months. There may be relevant prior art (similar technology) that is not available when examining at 4 months from filing. 

Like many other patent authorities, the NIPO believes that an examination within 4 months of the application being filed will provide a satisfactory result of almost the same quality as an examination after 7 months. 

However, it is important to be aware that there may be relevant objections that are not detected at 4 months and which could have been discovered at 7 months. You must assess this risk when evaluating your need for a faster reply from us.