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 applications filed with the Norwegian Industrial Property Office in our patent register.

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.

We recommend that you submit your application via our Application guide, but it is also possible to apply via Altinn. If you use Altinn, make sure to select the correct role at the top right of the page before starting your application.

You can get simpler help from us, for example information about what information you need to include in your application. We cannot help you write the application.

You can find applications that have been started or submitted by logging in to your page in Altinn.

Go to started and submitted applications

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.

When submitting an application, you are required to pay an application fee. This fee covers the processing of your application and is non-refundable, even if the application is rejected or withdrawn.

The payment is processed through NETS via Altinn. If you encounter issues with payment, the problem may be related to one of these providers.

If you prefer to receive an invoice rather than paying the application fee at the time of submission, you must use our application forms available in Altinn.

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.

You can search for your case in our register. Enter your application number in the search field and select Trademark, Patent, or Design. Click on your application number in the search results and find the status of your application under Key Information.

You can expect a response to your trademark application within 3 weeks. The response time is extended to up to 5 months if you choose invoice as the payment method for the application fee and/or submit an application with your own product suggestions, meaning products that are not available in our product selector.

You can expect the first response with an assessment of your patent application within 6-8 months. If your patent application is the first one you submit for a particular invention, you can request expedited processing. The response time is shortened to within 3-8 months.

You can expect a response to your design application within 3 months.

When we conduct a substantive examination of an application, we assess whether it meets all the legal requirements for us to register a trademark or design, or publish a patent.

A trademark application must, among other things, include a list of all the products (goods or services) for which you want the trademark registered, while the description in a patent application must be clear enough for a professional to carry out the invention based on it. In a design application, you must submit good and clear images of the design. The law sets several such requirements that an application must meet.

After we have reviewed the application, we send a letter with a substantive assessment to the applicant. This is an assessment and not a final decision. There may be multiple substantive assessments in a case.

After we have reviewed the application, we send a letter with a substantive statement to the applicant. This is an assessment and not a final decision. There may be multiple substantive statements in a case.

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.

The application can be withdrawn by the applicant or the applicant's representative if desired.

The application cannot be re-established afterward.

If your application has been shelved, we can resume processing it once you have corrected the deficiency that caused the shelving. You must also pay a reinstatement fee.

The deadline for applying for re-establishment is two months. The deadline is calculated from the expiration of the original deadline that led to the application being shelved.

An application is considered finally shelved if it is not re-established within the specified deadline. Once an application is finally shelved, it can no longer be re-established.

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).

The World Intellectual Property Organization (WIPO) is one of the United Nations' specialized agencies.

WIPO's main task is to promote the development of intellectual property rights globally and it is the central international organization in this field.

WIPO has 188 member countries and is headquartered in Geneva, Switzerland.

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.

Your patent registration is valid for up to 20 years from the filing date, provided you pay the annual fees.

Your design registration is valid for five years from the filing date, with the option to renew for four additional five-year periods, up to a maximum of 25 years.

Your trademark registration is valid for 10 years from the filing date. After that, a renewal fee is required every 10 years to maintain the registration.

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.

Renewing your rights is voluntary. As such, we do not send invoices for the annual fee for a patent or the renewal fee for a design or trademark. You will only receive a notification letter approximately two months before the payment deadline for patents and designs, and six months before the payment deadline for trademarks. Here’s how you can make your payment:

Please be aware that unscrupulous operators may send invoices for annual or renewal fees, often obtaining business information from public databases. Do not pay invoices from unknown companies.

Objections to an application for a trademark, patent or design before it is eventually registered as a trademark/design or granted a patent.

A protest can be submitted at any time before the application is registered/notified. After registration of a trademark/design or grant of a patent, the term opposition or administrative review is used.

Read more about the possibility of filing a protest against an application for a trademark, patent or design.

An objector is the legal entity that has filed a protest during the application processing.

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.

The legal entity that has filed an opposition after a trademark has been registered or a patent has been granted.

The administrative review procedure is a quick, simple and cheap alternative to court actions.

Anyone with a legal interest can request an administrative review. The scheme can be used in all three areas of patent, trademark and design, as well as company name.

The legal entity that requires administrative review.

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.

You can appeal a decision by submitting a written statement. Use the form "Claims and complaints to the Norwegian Industrial Property Office (NIPO) and the Norwegian Board of Appeal for Industrial Property Rights (KFIR)" in Altinn.

You must include the case number, the grounds for the appeal and possibly attach documentation that can support your appeal.

The Norwegian Board of Appeal for Industrial Property Rights (KFIR) is an independent, court-like body under the Ministry of Trade, Industry and Fisheries.

The Board of Appeal handles appeals against the decisions of NIPO concerning patents, trademarks and designs. It also handles appeals related to company names, the Precious Metals Act, and the regulation on the registration of responsibility marks.

You must submit appeals against decisions made by NIPO to NIPO itself, but the Board of Appeal takes over all case processing.

Additionally, the Board of Appeal processes and decides on appeals regarding certain decisions made by the Plant Variety Board in accordance with the Plant Breeders' Rights Act.