International phases

You can choose to submit your PCT application to:

• The Norwegian Industrial Property Office (NIPO)
• The European Patent Office (EPO)
• The International Bureau of WIPO (IB)

The Norwegian Industrial Property Office accepts PCT applications where at least one applicant meets one of the requirements:

• Person is a Norwegian citizen
• Person is resident in Norway
• Person conducting business in Norway
• Norwegian company operates in Norway

You can submit the PCT application to the Norwegian Industrial Property Office via ePCT or via Altinn.

Delivery via ePCT

• Create an account on the WIPO website to use ePCT. Filing via ePCT entitles you to a fee reduction.
• Fill out the PCT application. ePCT will automatically validate your data and notify you of any errors.
• Submit your PCT application. You will receive a receipt. ePCT monitors deadlines and reminds you of relevant actions.

Delivery via Altinn

• Download the PCT application form (PCT/RO/101) from the WIPO website. Filing via Altinn does not entitle you to a fee reduction.
• Complete and save the PCT application.
• Submit the PCT application as an attachment in the "Correspondence to the Norwegian Industrial Property Office" form in Altinn. You will receive a receipt.

The PCT application must contain:

• PCT Application Form (PCT/RO/101)
• Description of the invention
• Patent claims that define the technical features for which you are applying for a patent
• Drawings of the invention (if necessary for understanding)
• Summary of description, claims and drawings

When you file your PCT application, you choose which International Examining Authority (ISA) will examine it and pay the required fees.

If you submit your PCT application to the Norwegian Industrial Property Office, you can choose between the following ISAs:

• Nordic Patent Institute (XN)
• The Swedish Patent Office (SE)
• The European Patent Office (EP)

The Norwegian Industrial Property Office checks your application and notifies you if anything needs to be changed. We then forward the application to WIPO, which forwards it to the selected ISA.

You can file a PCT application whenever you want, you do not need to have priority from another application.

If you file your PCT application based on an application from which you claim priority, you can claim priority at the same time as you file your PCT application, or file your priority claim within 16 months from the filing date of the basic application.

The PCT application must be filed no later than 12 months after the filing date of the basic application. If you have not met the 12-month deadline, you can request restoration of priority at the same time as you file the PCT application.

The PCT application must be in English, but the description and patent claims may initially be in Norwegian.

If you submit the description and patent claims in Norwegian, the Norwegian Industrial Property Office will give you a deadline for the English translation. The deadline depends on which International Examining Authority (ISA) you have chosen.

You submit the English translation to the Norwegian Industrial Property Office via ePCT or as an attachment in the "Correspondence to the Norwegian Industrial Property Office" form in Altinn.

If you choose the EPO as your ISA, the PCT application must be in English, but you will have the opportunity to translate it if you first submitted it in Norwegian.

If you want patent protection in more than three countries, it may be worthwhile to file a PCT application. However, if you are applying in fewer countries, it will often be less expensive to apply directly to each country's patent office.

Common fees for submitting a PCT application to the Norwegian Industrial Property Office:

• International application fee to WIPO: You can get a reduction in the application fee by filing your PCT application via ePCT. The fee is further reduced if you use XML format.
   
• Submission fee to the Norwegian Industrial Property Office
   
• ISA novelty examination fee: You can have the examination fee reduced under certain conditions, for example if you state in the PCT application that they can use previous examination results if you have claimed priority.
   
• Fee for ordering a priority document

You can use the same Norwegian representative throughout the entire process, but please note that the EPO requires that the representative be authorized and listed on their list.

The power of attorney must be documented. For the appointment to be valid, the power of attorney must be signed by all applicants whom the proxy is to represent.

The International Searching Authority (ISA) assesses whether your application is patentable. The application is examined for novelty and whether the invention is something that can be reproduced and whether it is clear and distinct what you are claiming a patent for.

You will receive an examination report (ISR) and a patentability assessment (Written Opinion). The reports show whether a similar invention has been published previously. This gives you a good basis for considering whether to proceed with your PCT application to the national phase.

Upon the expiry of 18 months from the international filing date or priority date, the contents of your PCT application will be published in PATENTSCOPE together with the examination report (ISR) and the patentability opinion (Written Opinion). International publication is carried out by WIPO.

PATENTSCOPE is a global patent database, developed and maintained by WIPO. It provides free and open access to a large collection of international patent documents, including patent applications, patentability assessments, granted patents and related technical information.