A patent only gives you rights in the country in which you have been granted a patent, and a Norwegian patent is only valid in Norway. If you want protection in other countries, you must submit a patent application in these countries. There is a regional scheme that makes it possible to apply in several countries at the same time.
Applying for a patent abroad can be complicated, and in some countries you must use a certified adviser. We recommend that you contact a professional adviser with an international network. Read more about how to find the right adviser.
Your invention must not be disclosed to others until you have filed a patent application. An invention that has been shown at a fair, mentioned in a journal, newspaper or published in some other way is made known to others.
A patent application is published 18 months after it has been submitted. Be careful not to publish your invention until you have searched in all the countries in which you want to search.
You have several ways to go forward:
You can choose to first apply in Norway and then apply in other countries based on (priority) the Norwegian application.
You can submit a patent application directly to the national authority in each country for which you want patent protection.
These are arrangements that make it possible to apply for a patent in several countries at the same time.
You can apply in another country first and then apply in Norway (possibly other countries) starting (priority) in the first application.
If you have applied for a patent in one country (for example Norway) and wish to apply for a patent in several countries, you must make sure to apply within 12 months of submitting the application in the first country. You can then claim priority from the first application (priority application).
If you are going to apply abroad with priority from a Norwegian application, you must also provide proof that you have this priority. You can order such a priority certificate from the Norwegian Patent Office.
PCT is an international application system that makes it easier to apply for a patent in several countries. Norway is a member of the PCT.
The EPC is an agreement between European countries that makes it easier and cheaper to apply for and obtain a patent simultaneously in several of the member countries. The EPC is not affiliated with the EU. Norway is a member of the EPC.
Utility model is a right that does not exist in Norway, but it is in use in other countries. You can apply for a pattern of use in other countries with priority from a Norwegian patent application.
Like a patent, a utility model protects the technical design of the idea. While patents can last for 20 years, utility models often have a shorter duration. In Denmark, for example, utility models last for 10 years.
The biggest difference between a utility model and a patent is that a utility model is often granted without further investigation, for example whether the invention meets the conditions for novelty and inventive step. A utility model is therefore often quicker and cheaper to obtain than a patent. However, you do not know the validity until it has been challenged by a third party, and you therefore do not have the same guarantee as with a patent that the pattern of use protects your invention.
The costs of applying for a patent outside Norway can vary widely, depending on which countries you apply for a patent in, which search systems you use, the extent and any formal deficiencies that need to be rectified.
The costs consist of fees for applying for a patent in the individual countries, use of professional assistance in the application process and translation into the languages of the individual countries.
As a rule, the costs of professional assistance and translation make up a large part of the total costs.