Validation of European patents in Norway
A European patent granted by the European Patent Office (EPO) does not automatically apply in Norway. For the patent to take effect here, you must validate it with the Norwegian Industrial Property Office within the deadline.
On this page, we explain what validation is, when you must validate, and what a validated European patent means in Norway.
What is validation?
You submit one European patent application to the EPO. The EPO processes the application and decides whether you will be granted a patent.
When the EPO grants the patent, you must still make it effective in each individual country where you want protection. This is what we call validation.
When you validate in Norway, the patent has the same effect as a Norwegian patent. You can then enforce the right in Norway.
Why do you have to validate in each country?
The European patent system provides a common application and examination process, but patent protection is still national. This means that
- each country has its own rules for the patent to take effect
- you must validate in each country where you want protection
- you pay annual fees to each individual country after validation
If you do not validate in a country, the patent will not take effect there.
When do you have to validate in Norway?
You must validate a European patent in Norway no later than three months after the EPO has announced that the patent has been granted.
If we do not receive the validation within the deadline, the patent will not take effect in Norway.
What happens when you validate?
Once you have validated the patent in Norway, - the patent gains legal effect in Norway - we publish the patent as a Norwegian-European patent (NO/EP) - you must pay annual fees in Norway to maintain the patent
After validation, the patent follows Norwegian rules for - ownership and changes - license and assignment - enforcement and disputes
Validation and Unitary Patent
When the EPO has granted a European patent, you can obtain effect in Europe by - validating in individual countries - requesting unitary effect (Unitary Patent) in participating EU countries - combining these solutions
Norway does not participate in the Unitary Patent scheme. Therefore, if you want protection in Norway, you must validate the patent here.
Who does this apply to?
Validation in Norway is relevant for - foreign companies that have been granted a European patent - Norwegian companies that have applied via the EPO - patent attorneys who handle European patents
Most of those who validate in Norway are foreign patent holders who want protection in the Norwegian market.
What happens after validation?
After you have validated the patent, you must - pay annual fees in Norway - report changes in ownership or representative if necessary
After that, Norwegian rules apply to the patent.
