Re-establishment of rights

A patent, a trademark registration or a design registration may be re-established and an application may be examined even if the deadline has expired.

If you would like to request re-establishment of a patent, registration or application, you need to send a written request to NIPO.

The request must be received by NIPO no later than two months after you became aware that the deadline had not been met, and in any event twelve months in patent cases, and four months in trademark and design cases following the expiry of the passed deadline at the very latest.

In addition to demanding re-establishment of the patent, registration or application, you are also required to carry out the omitted action for which the original deadline was given (for instance, respond to the office action from NIPO and/or pay official fees, payment of renewal fees and additional fees).

Deadlines expiring on and after 1 July 2019

For deadlines expiring on and after 1 July 2019, the failure to meet the deadline must have been unintentional in order for the request for re-establishment to be granted. In your request for re-establishment, you need to explain why the failure to respond within the time limit was unintentional.

Deadlines expiring before 1 July 2019

The requirement is stricter for deadlines expiring before 1 July 2019. You need to pay an additional fee before the request is examined. If you have any questions, please contact NIPO’s Customer Service Centre, telephone +47 22 38 73 00.

Deadlines where the possibility for re-establishments or rights applies:

  • Payment of annual fees and renewals
  • Failure to meet the deadline for reinstatement
  • Deadline to pay reinstatement fee
  • Deadline for submitting an appeal to the Board of Appeal for Industrial Property Rights
  • Deadline for paying fees for request for further processing (resumption fee)
  • Deadline for validating a European patent
  • Deadline for paying the validation fee for European patents
  • Deadline for extending a PCT application to other countries
  • Deadline for paying the application fee for PCT (and also fee for deferred translation deadline)
  • Re-establishment of priority (patents only)
Thank you for your feedback! If you need an answer, call +47 22 38 73 00 and talk to our Customer Service Centre.
This page was last modified: