Provisional protection of the patent application

Provisional protection gives you protection against patent interference while your application is being processed, i.e. before the patent is granted.

Is the patent application in Norwegian or English?

If your application is in Norwegian, you will receive provisional protection for your patent application once the application has been published. The application is published when it is made generally available 18 months after you submitted your application (possibly from the priority date).

If you request that the application documents be made public earlier than 18 months, you will receive provisional protection from this earlier time.

If your application is in English, you must send a translation of the patent claims into Norwegian to obtain provisional protection. The provisional protection only applies as long as there is agreement between the Norwegian and the English text.

The Norwegian Patent Office does not check the translation - you yourself are responsible for its correctness. You can submit a correction of the translation. When correcting the translation, you must pay a fee.

You should submit the Norwegian translation within 16 months of submitting the application. Then the requirements are in Norwegian when the application is published after 18 months, and the application receives provisional protection from this point, even if all the documents in the application were submitted in English.

The provisional protection begins to apply when the Norwegian Patent Board has announced in the Norwegian patent newspaper that you have submitted a Norwegian translation of the patent claims.

Provisional protection for PCT applications and European patent applications

You can obtain provisional protection in Norway for your PCT application in the period after it has been published internationally and until you forward it to Norway.

In order to obtain provisional protection in Norway, the following must be submitted to the NIPO:

  • Translation of the patent claims into Norwegian
  • Information about the application number and/or publication number in the EPO
  • Information about the applicant's name and address
  • Any power of attorney. If a power of attorney is not provided, the application will be published without a power of attorney.

You can obtain provisional protection in Norway for your European patent application in the period after it has been published at the EPO and until the patent has been granted in the EPO and you have validated the patent in Norway.

In order to obtain provisional protection in Norway, the following must be submitted to the Patent Office:

  • Translation of the patent claims into Norwegian
  • Information about the application number and/or publication number in the EPO
  • Information about the applicant's name and address
  • Any power of attorney. If a power of attorney is not provided, the application will be published without a power of attorney.