Apply for a patent in other countries

A patent only gives you rights in the country where you have obtained the patent, and a Norwegian patent is only valid in Norway. If you want protection in other countries, you must file a patent application in those countries. There are regional schemes that make it possible to apply in several countries simultaneously.

Keep the invention secret

Your invention must not be made known to others before you have filed a patent application. An invention that has been shown at a fair, mentioned in a journal, newspaper, or published in any other way has been made known to others.

A patent application is published 18 months after it is filed. Be careful not to disclose your invention before you have applied in all countries you wish to apply in.

How to protect your invention internationally

Watch the video and learn how to apply for a patent, both in Norway and internationally. Get an overview of the process, important deadlines, and the opportunities that open up when you protect your inventions. Useful for those who want to secure and utilize patents and other valuable ideas in their business.

Start with a Norwegian patent application

It is often a good idea to start with a Norwegian patent application before seeking protection in other countries. The assessment from the Norwegian Industrial Property Office (NIPO) can give you a good basis for deciding whether and how to proceed. The cost is relatively low. You also secure an important priority date for future international filings.

Apply for patents in other countries

There are several ways to go about filing for patents in other countries.

You can choose to submit the patent application directly to the national authority in the country or countries where you want patent protection.

Once you have applied for patent protection in another country, you can apply in Norway (and possibly other countries) based on (priority from) the first application.

The Patent Cooperation Treaty (PCT) is an international application system that makes it easier to apply for patents in several countries. Norway is a member of PCT.

The European Patent Convention (EPC) is an agreement between around 40 European countries. The agreement makes it easier and cheaper to apply for and obtain a patent in several of the member countries simultaneously. Norway is a member of the EPC.

Priority

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 ensure that you apply within 12 months from the date you filed the application in the first country. Then you can claim priority from the first application (the priority application).

If you are applying abroad with priority from a Norwegian application, you must simultaneously provide proof that you have this priority. You order such a priority document from the Norwegian Industrial Property Office.

Validation of European patents in Norway

For a European patent (EP patent) to be valid in Norway, it must be validated by the Norwegian Industrial Property Office.


Utility Models

Utility models are also called Utility models. It is a right that does not exist in Norway, but it is in use in other countries. You can apply for a utility model in other countries with priority from a Norwegian patent application.

Similar to patents, utility models protect 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 utility models are often granted without further examination, for example, whether the invention meets the requirements for novelty and inventive step. Utility models are therefore often quicker and cheaper to obtain than patents. However, you do not know the validity until it has been challenged by a third party, and therefore you do not have the same guarantee as with a patent that the utility model protects your invention.

How much does it cost?

The costs of applying for a patent outside Norway can vary greatly, depending on which countries you apply for a patent in, which application schemes you use, the scope, and any formal deficiencies that need to be corrected.

The costs consist of fees for applying for a patent in the individual countries, the use of professional assistance in the application process, and translation into the languages of the individual countries.

As a rule, the costs for professional assistance from an advisor and translation constitute a large part of the total costs.

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