Appeal to the Norwegian Board of Appeal for Industrial Property Rights (KFIR)
Appeals should be lodged at the Norwegian Industrial Property Office, which will forward them to KFIR. This does not apply to appeals against a granted patent; in such cases you must file an objection (within nine (9) months after a patent has been granted) or a request for administrative review (later than nine (9) months after a patent has been granted).
The Norwegian Board of Appeal for Industrial Property Rights (KFIR) is an independent body similar to a court of law which, when an appeal has been lodged, reviews decisions made by the Norwegian Industrial Property Office in the areas of patent, trademark and design rights. KFIR examines cases that require particular specialist knowledge. KFIR therefore consists of a legally trained chair and deputy chair who both fulfil the requirements for judges, and of board members who have legal and technical expertise, the latter in the principal areas of chemistry, electrical engineering, building technology and mechanical engineering. KFIR works continuously to ensure that its rulings are of a high professional level, and follows international developments through the European Patent Office (EPO) and EUIPO (European authority for trademarks and designs), as well as the European Court of Justice (ECJ).
Who can appeal?
Appeals to KFIR can be lodged by the person or persons a decision at the NIPO has wholly or partially gone against. An appeal can be lodged through a third party (professional representative or legal representative).
Appeals are lodged with the NIPO
The NIPO receives appeals and passes them to KFIR.
Time limit for filing
The time limit for submitting an appeal to KFIR is counted from the day when the decision was sent from the NIPO, and is normally two (2) months. The time limit for filing is in principle absolute, and the appeal must be received at the NIPO not later than the time limit for appeals. An appeal filed too late will not be considered.
If the appeal is received by the time limit for appeals, you will receive an invoice for an appeal fee from the NIPO. If you do not pay the invoice, the appeal will be deemed not to have been received, and the appeal will not then be considered.
- See Regulations on Fees Chapter 5
When can you appeal?
You can appeal against decisions made in objections, requests for administrative review and requests for patent limitation. You can also appeal against the following:
- Refusal of a patent application
- Final shelving of an application on the grounds of non-payment of the annual fee
- Decision that the applicant application covers two or more independent inventions (non-uniformity).
- Refusal of request for resumption
- Refusal of request to consider a case despite passing of time limit
- Refusal to validate an EP patent.
- Decision to transfer a patent to another person.
- Refusal of request for a supplementary protection certificate (SPC).
- Refusal of request for a change to the validity period of a supplementary protection certificate (SPC).
- Refusal of request for documents to be kept secret.
- Refusal of request to provide a sample of biological material.
- International application regarded as having been withdrawn due to non-delivery of translation.
- Award of costs in a request for administrative review.
How to write an appeal to KFIR.
There are some formal conditions regarding what an appeal has to contain and how it is to be worded. Read more about this on the website of KFIR.
Processing of appeals
KIFR checks that the formal conditions have been met and then sends the appeal to the other party.
KFIR carries out an assessment of the case as it is submitted to KFIR. Previous case correspondence will not automatically be obtained from the NIPO. The committee making the decision in the case may, however, on its own initiative ask to see previous case correspondence at the NIPO without informing the appellant that it is doing so. They can also take account of new aspects that were not the subject of examination when the NIPO made its decision.
Appealing a decision by KFIR
You may appeal a decision made by the Norwegian Board of Appeal for Industrial Property Rights (KFIR) to the courts.