7. Possible obstacles on the way to patent

These are the most common reasons why the Norwegian Industrial Property Office (NIPO) cannot grant a patent:

The filed application does not describe the invention well enough

To be granted exclusive patent rights, an invention should be of a technical nature, give a technical effect and be possible to reproduce. The application must explain or show how the invention can be implemented in practice. A person skilled in the field should be able to understand and make the invention as described in the patent application.

The filed application covers something that cannot be protected by a patent

You cannot patent an idea or concept. The invention must be a concrete solution to a technical problem. For example, you cannot patent a business concept. A computer program, as such, is not patentable.

The invention is not new

The invention must be new. A patent cannot be granted to an invention that is already known, irrespective of where in the world it is known. For example, the invention may have been published in a previous patent application, or be featured on a website for hobby fishermen.

You have disclosed your invention to others before you filed your patent application

File your application to the NIPO before you show your invention at a trade fair, write about it on a website, display it in local newspaper, or show it in a video on YouTube!

The invention does not differ sufficiently from prior art

In addition to the fact that an invention must be new, there is also a requirement for inventive step. The invention must differ significantly from what is already known. This means that the invention must not be something a person skilled in the field can achieve by using known techniques in that particular field. It also means that granting a patent requires something "more" than just being new, compared to what already exists.

The application does not contain sufficient technical information

The examining officer cannot process a patent application if the application documents do not have good enough quality.

In some cases a patent application is filed for an idea or concept without sufficient technical information. They may also lack a description or good drawings of the invention. In these cases, it is not possible to process the application in full, and the patent applicant will then be contacted a few weeks after filing.

If the application has too many shortcomings to be eligible for patenting, it may be smart to withdraw it by sending an e-mail to the NIPO (post@patentstyret.no) or sending a message via Altinn. Then you have the opportunity to work on your product or file a new and corrected application.