Apply for a patent in Norway
- 1 Why apply for a patent?
- 2 Check the market
- 3 Get help from a professional
- 4 The invention must be new
- 5 Check the rights of others
- 6 Application process
- 7 Possible obstacles on the way to a patent
- 8 Patent in other countries?
- 9 Examples
- 10 What does it cost?
- 11 Templates
- 12 No Norwegian ID number?
- 13 Already started/sent an application?
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 (firstname.lastname@example.org) or sending a message via Altinn. Then you have the opportunity to work on your product or file a new and corrected application.
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