Protest - patent

A protest is a complaint by a third party. The person lodging a protest does not become a party to the case. We can divide protests into two types, those lodged before an application has been granted, and those lodged after granting.

Protest before grant of patent

You can lodge a protest against an application during processing right up to the time when the processing of the application has been completed and a patent has been granted. If a protest is lodged while a patent application is being processed, the Norwegian Industrial Property Office (NIPO) has to take account of it.

There must be a good reason for the protest, and what is described in the protest will be included in the assessment of the application before possible granting of patent. The applicant will be informed that a protest has been received. The person who has submitted a protest does not become a party to the case, but will receive a general letter in which we confirm that the protest has been received. We will also provide information on the possibility of filing an objection if the patent is granted.

If the protest is filed too late, that is to say after a patent has been granted, we will send a letter containing information on the possibility of filing an objection.

Protest after grant of patent

It is possible to file a protest during processing of an opposition, administrative review or administrative limitation.

If you submit a protest during processing, the Norwegian Industrial Property Office has to take account of it when processing of the case. The person who has submitted a protest does not, however, become a party to the case, a general letter is merely sent, in which we confirm that the protest has been received. The protest is sent to the parties in the case concerned. If the protest has been filed in a case that is being processed for administrative review or administrative limitation, the holder of the patent will be given an opportunity to express an opinion.

If a protest is received after the processing of a case has been completed, it will not be assessed. The protest will nevertheless usually be sent to the parties for information.

Other appeal options for patents

Alert

If you have business interests in Norway, it can be important to stay up-to-date on areas that are relevant to you and what your competitors are doing.

NIPO's Alert Service is a free tool that gives you the opportunity to monitor other people's activities around patents, trademarks and designs. You can also use the tool to follow progress in your own case.

If you wish to follow activity in specific subject areas or cases, you can easily set up an alert that monitors your interests and reports any activity.

Read more about the Alert Service and how you can set up an alert

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