Questions and answers about patent

For an invention to be patentable, it must be a practical solution to a problem, where the solution has a technical character, a technical effect, and is reproducible.

An invention is patentable if all the requirements for patent publication are met.

To determine whether the conditions for patenting are in place, the Norwegian Industrial Property Office conducts a patentability assessment.

Inventive effort, in the context of patents, refers to extensive testing and modification of known technology.

To obtain a patent for an invention, it must differ significantly from previously known technology in the field.

An average skilled person in the field must not find the solution being patented obvious in relation to the already known technology.

A "skilled person" is a term used in connection with patents. A skilled person is a technically proficient individual who is an average practitioner (he or she possesses the general competence that can be expected) in the relevant field of expertise.

A citation is a reference to other patent applications, patents, journals, or other literature. These references indicate similar technology that already exists.

Such publications can pose an obstacle to obtaining a patent. However, they can also be presented as a description of the status of the technology, even if the cited prior art is relatively distant from the application in question.

Monitoring
Citations can also be monitored if you have a patent. This way, you will be notified when someone attempts to patent technology similar to your own.

You can search for patents that are valid in Norway in our register.

A "first application" is the initial application that pertains to the invention. The applicant can be from Norway or abroad.

"Second applications" are applications that have been processed previously, either in Norway or abroad. Most of these applications have priority from a previous application.

You can find all patent applications submitted to the Norwegian Industrial Property Office in our register. Applications are published 18 months after the filing date, or 18 months after the priority date if the application claims priority from an earlier application.

A patent family is commonly defined as a collection of applications and patents that relate to the same invention worldwide.

This means that a patent family includes all documents (patent applications and patents) that share exactly the same priority, including the original priority application and all subsequent applications worldwide.

Priority is tied to the application that first discloses the invention (the first application), and ensures that subsequent applications with the same priority benefit from protection back to the filing date of the first application.

If multiple priorities are claimed in the same application, the family will include documents with exactly the same combination of priorities.

An IP advisor or patent attorney is a professional authorized to act on behalf of others.

The Norwegian Industrial Property Office does not require that you appoint a representative. All correspondence will be sent directly to you as the applicant or holder if no representative is designated. However, there may be situations where appointing a representative is advisable or necessary.

You can find applications that have been started or submitted in Altinn.

A patent claim is a specific statement about what is being sought for protection in a patent application or a granted patent.

Multiple patent claims in the same application are referred to as a set of claims.

A brief summary of the key features of the invention. It is published in our patent register when the application becomes publicly available.

The filing date is the submission date of the application, or the date the application was filed with an international authority (PCT).

The lifetime of the patent, up to 20 years, starts from the filing date.

All patent applications received by the Norwegian Industrial Property Office are classified according to the International Patent Classification (IPC) system.

The purpose of this classification is to organize patent documents in a way that allows for easy access to relevant information essential for the examination process.

Examination or novelty examination is used in the context of patents. It is a thorough and comprehensive search of high quality, aimed at uncovering all relevant material available before the application was filed.

The examination should be as complete as possible to uncover relevant prior art, ensuring that the result provides a sufficient basis to assess whether the invention can be patented.

Related technology described in other patent applications, patents, journals, or other literature (worldwide) that is cited as part of the examination process.

Prior art is used in the assessment of whether an application meets the requirements for patentability. The term "cited publications" is used in the same way as "counterevidence".

When a patent application is approved, the patent is published.

We publish granted patents in the Norwegian Patent Gazette.

A Supplementary Protection Certificate (SPC) is a certificate that applies only to pharmaceuticals and plant protection products.

It can grant up to five additional years of patent protection, beyond the usual 20 years.

No, there is no world patent. There is no authority that can grant a patent that covers the entire world.

A patent in Norway only provides exclusive rights in Norway.

If you want a patent in multiple countries, you can apply in each individual country, regionally through the European Patent Office (EPO), or through the international patent application system PCT.

The Nordic Patent Institute (NPI) is a collaboration between the patent authorities in Denmark, Norway, and Iceland. The main task of the institute is to provide various types of patent-related services to other patent authorities and private clients.

The Nordic Patent Institute holds the status of a PCT authority, meaning it is an international authority for novelty searches and preliminary patentability assessments in accordance with the Patent Cooperation Treaty (PCT).

The Nordic Patent Institute has a director and a deputy director who report to a board consisting of the directors of the patent authorities in Denmark, Iceland, and Norway.

The Norwegian Parliament (Stortinget) approved the establishment of the Nordic Patent Institute (NPI) as of January 1, 2008.

EPO stands for the European Patent Office.

The European Patent Office receives, processes, and decides on European patent applications based on the rules set out in the European Patent Convention (EPC).

EPC stands for the European Patent Convention.

The European Patent Office (EPO) receives, processes, and decides on European patent applications based on the rules set out in the European Patent Convention (EPC).

PCT is a worldwide convention on patent cooperation that makes it easier to apply for a patent in other countries. Most industrialized countries are part of the system, which is a patent application procedure.

You must pay annual fees to maintain your patent application/patent.

Annual fees must be paid each year. They are due in advance, with the first payment due two years after the application is filed. This means the first due date is at the beginning of the third fee year. The annual fees for the first and second fee years are paid together with the fee for the third fee year. The fee year is calculated from the month the application is submitted to the Norwegian Industrial Property Office, and the due date is set to the last day of that month.

Anyone who believes that a patent has been granted on an incorrect basis can submit a written opposition to it to NIPO.

The deadline for submitting an opposition is nine (9) months from the day the patent was granted. By filing an opposition, one attacks the patent's validity or the patentee's right to the invention.

The opposition must be justified, and the justification should be supported by, for example, publications. We process oppositions in our specialist department.

A published patent can be limited by the holder after the opposition period has expired.

The limitation is carried out by the Norwegian Industrial Property Office and applies for the remaining validity period of the patent.

Administrative patent limitation is an affordable and simple alternative to court proceedings.