Katzarov’´s Manual on Industrial Property

Patents of Invention

– Law of December 15, 1967, with later amendments (the Norwegian Patents Act is in all essentials identical with the Patents Acts of Denmark, Finland and Sweden, and is to a large extent harmonized with the EPC). Latest amendments effective May 1, 2003, February 1, 2004, and January 1, 2008. Further amendments in 2013 on the New Board of Appeal for Industrial Property Rights, on January 1, 2015 related to London Agreement and on July 1, 2015 related to inter alia pledging of Patent Rights and Plant Breeder's Rights (see also Sec. 4-11 of Act on Pledging). Last amended June 21, 2019, January 1, 2021, and July 1, 2022.
– Patent Regulations, in force since January 1, 2008, last amended July 1, 2022.

Membership in International Conventions

– Paris Convention for the Protection of Industrial Property, Stockholm Act.
– Convention Establishing the World Intellectual Property Organization (WIPO), since June 8, 1974.
– Strasbourg Agreement Concerning the International Patent Classification, since October 7, 1975.
– Patent Cooperation Treaty (PCT), since January 1, 1980.
– The Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents (Apostille), since July 29, 1983.
– Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure, since January 1, 1986.
– WTO’s TRIPS Agreement, since January 1, 1995.
– European Patent Convention (EPC), since January 1, 2008.
– London Agreement on the Application of Article 65 EPC, in force since January 1, 2015.

Filing

Applicant (who may be): the inventor(s) or his (their) legal successor; must provide an address for correspondence.

Naming of inventor(s): compulsory.

Novelty: patents are only granted for inventions substantially different from the prior art. Absolute novelty is required, i.e. over and above anything previously made available to the public in writing (including patent applications available to the public) or orally (such as in lectures), by public use, or otherwise, anywhere in the world. Also, the contents of a patent application filed in Norway are considered a novelty bar, if they have been made available to the public.

Exceptions: prior publication within six months before the filing date is not considered a novelty bar, provided that the invention was made public through evident abuse by a third party, or that the invention was displayed at an official or officially recognized international exhibition according to the Convention of November 22, 1928.

Exceptions to protection (unpatentable inventions): inventions contrary to morality or public order; treatment of animals or humans (microbiological processes and the products thereof may, however, be patented). Known substances or known mixtures of substances may be patentable for specific use in a method for treatment, provided the use is novel. Patenting of plants and animals being products of substantially biological methods have been prohibited as of July 1, 2017 at the EPO, and the Norwegian regulations have been adjusted accordingly.

Medicines and articles of food for human consumption: as of January 1, 1992, medicines and foodstuffs are patentable. This applies only to applications filed after January 1, 1992.

Microbiological processes: if the invention relates to a microbiological process or a product obtained by such a process, the invention shall not be considered sufficiently disclosed unless a culture of the microorganism used in carrying out the invention is deposited in agreement with the regulations.  Further, a culture of the microorganism deposited in agreement with the amended Patents Act shall, when the application documents have become accessible in agreement with the Patents Act, be made accessible on set conditions.

Biotechnological inventions: as of February 1, 2004, the EU Bio-directive was implemented, yielding the possibility of patenting plants and animals, unless considered unethical or violating public morality or order.

Kinds of protection: (1) principal (main) patents. Patents of addition are not provided for, although further application(s) on improvements on the invention within the priority year, counting from the first application on the invention, can be filed, yielding the option of partial priority for such further application; (2) secret patents (relating to inventions which are vital to NATO or to the defence of Norway).

Priorities: single, multiple and partial priorities possible. Priority must be claimed not later than three months from the filing of the application. Priority document is no longer required, but the applicant may later be required to file such document within a term set by the Examiner.

Filing under PCT: possible, including under Chapter II of the PCT. With effect from January 1, 2015, a patent in Norway can also be granted in English. All patent documents may be furnished in Norwegian or in English. However, a translation of the claims into Norwegian is required where a patent in English is sought.

Independent claims: an application may include several independent claims in the same category, although the number of such claims should be kept at a minimum. The application must not, however, thereby comprise of two or more inventions which are mutually independent. An application may comprise: (1) in addition to an independent claim defining a product, one independent claim relating to a method invented for the production of the product, and one independent claim relating to the use of the product, or (2) in addition to an independent claim relating to a product, one independent claim relating to a method invented for the production of the product, and one independent claim relating to a means invented for the production of the product, or (3) in addition to an independent claim relating to a process, one independent claim relating to a means invented for carrying out the process.

Sub-claims: may be incorporated, provided that they relate to matter increasing the technical effect or imparting a further effect in connection with the subject matter of the main or preceding claim. A multiple dependency claim will count as a single claim as regards official fees.

Excess claims fee: there is a fee of NOK 250 for each claim in excess of ten. In order to reduce any excess claims fee, the use of multiple dependency or selectable alternatives in a claim may be considered. A multiple dependency claim may depend on another multiple dependency claim.

Enabling disclosure: the application must contain a description of the invention, any drawings if required, and claims which are clear, unambiguous and are fully supported by the description. The disclosure should be so clear that a skilled person in the art may execute the invention. If the invention is related to a chemical compound, it is not required to state a specific use thereof in the claim. If the invention is related to or makes use of biological material present in the nature, the application must clearly state how the material may be used industrially.

Filing requirements for an application (recommended to be sent to resident agent):
1. Name and address of applicant;
2. Name and residential address of inventor(s);
3. Title of invention;
4. Convention priority data and PCT filing data if national phase of PCT in Norway;
5. Power of attorney (no legalization required), may be filed no later than three months from the date set by the Norwegian Industrial Property Office (NIPO). Non-filing of power of attorney may yield shelving of the application and subsequent need for reinstatement (upon payment of fee within four months from shelving); (a) if a “Power of attorney with Declaration” is used, the declaration stating that all legal rights to the invention have been obtained by applicant according to listed conditions, an Assignment will not be required; (b) however, if the first applicant assigns the application or the issued patent to a subsequent applicant/patentee, then a new power of attorney without declaration, plus a normal assignment must be signed and filed;
6. Specification and abstract (to be translated);
7. Drawings: dark lines on white ground on durable material, size A4 (29.7 x 21 cm). If drawings have text thereon, the text will have to be translated and inserted on the drawings;
8. Assignment deed (no legalization required), may be filed at a later date (see however 1a and 1b above);
9. Convention document to be filed only upon specific request from the Norwegian Industrial Property Office (NIPO).

Minimum requirements for filing:
– Application for which Convention priority is claimed: formal application form, letter, fax or e-mail containing statement identifying name and address of applicant and inventor, title of invention, and all relevant Convention priority data, e.g. country, filing date and serial number of any application filed less than twelve months before, provided an exact translation of the application is filed later within a set term. Note: priority document may be required to support such informal application.
– Application for which no Convention priority is claimed: formal application form, letter, fax or e-mail containing statement identifying name and address of applicant and inventor, and title of invention with complete specification and any drawings.

PCT applications: Requirements for filing of national phase of a PCT application, Norway being a designated/elected country (within 31 months for Chapter I or Chapter II cases. No Chapter II “Demand” is required):
1. Name and address of applicant;
2. Name and residential address of inventor(s);
3. Title of invention;
4. PCT filing data (PCT application number and filing date);
5. Any Convention priority data (country, serial number and date);
6. Power of attorney, no legalization (may be filed at a later date). Note: see 5 under “Filing requirements” above;
7. A translation into Norwegian or English of the international application as originally filed or as amended (may be filed within two months from the PCT deadline, but an additional extension fee is payable);
8. When the applicant is not the inventor: a deed of transfer (may be filed at a later date) no legalization (see 5 and 8 under “Filing requirements” above);
9. Drawings: size A4 (29.7 x 21 cm) (see 7 under “Filing requirements” above).

Important: the deadline for Chapter I and Chapter II national phase entry is 31 months, from priority date or PCT-filing date, whichever is the earliest (effective February 1, 2004). This 31-month term substitutes for the former 20- and 30-month terms (Chapters I and II respectively).

Note: priority document is not required for the national phase entry of PCT application. If the PCT application has been amended in accordance with PCT Article 19 or during PCT/IPEA preliminary examination, copies of amendments should be provided.

Non-searched invention in a PCT application: if PCT/ISA or PCT/IPEA has stated that the application is related to multiple and mutually independent inventions and the applicant has not paid extra search fees, the Norwegian Industrial Property Office (NIPO) will review the issue. If the statement is found correct, the non-searched/non-examined claims will be considered withdrawn, unless the applicant pays a set fee within two months from a communicated decision.

“Small Entity Status” applicants: a “Small Entity Status” applicant will benefit from reduced filing fee (basic fee: NOK 850; no examination fee) which applies to single applicants, entities of no more than 20 persons acting as applicant, or companies permanently employing persons who in total carry out no more work than equivalent to 20 full-time employees (two persons working 50% would add up to one full-time employee). This applies at the time of filing the application; all other fees involved are normal fees. If the company is a daughter- or mother- company, all employees in those companies count. Evidence of small entity status may be required.

“Large Entity Status” applicants: a “Large Entity Status” applicant (more than 20 full-time employees) has to pay the normal filing fee (basic fee + examination fee) of NOK 4,650.

Excess claims fee: note that the excess claims fee of NOK 250 will apply for each claim in excess of 10, irrespective of whether the applicant is Small Entity or Large Entity status.

Electronic filing: NIPO recommends electronic filing via the “AltInn” gate. Details are available from: www.patentstyret.no or from one of the listed patent agents. There are currently no reductions made in the filing fee if the application is filed electronically.

Failure to claim one or more priorities upon filing: if such a claim is non-intentionally omitted upon filing of the application, the claim for priority and a petition for restitution may be requested within two months from expiry of the due term and with payment of a fee. The priority cannot be reinstated if the application has already been made ready for public availability.

Examination

Amendment of application: alterations representing a restriction in the scope of the protection may take place any time prior to the acceptance of the application. Adding new matter in a patent application is not possible. However, a new patent application may be filed claiming partial Convention priority from an earlier Norwegian or foreign application, provided the priority date is not anterior to twelve months.

Interference: in the case of interference between two or more applications, the application having earliest priority will usually be prosecuted first. The owners of applications of younger priorities will be informed of existing interference.

Process claims: possible, a process claim representing a method for the manufacture of a product will indirectly protect the product itself.

Prior user: anyone who used the invention prior to the Convention priority date of an application may continue to use it in his business so long as he continues to use it in the same manner. Anyone who starts using the invention after the application or patent has been finally shelved and before it is restituted, may continue doing so.

Dispute about novelty: the dispute about novelty takes place between NIPO and applicant’s Norwegian representative.

Examination: an examination is carried out with regard to form, novelty and inventive steps.

Extent of examination: NIPO considers everything brought to its notice by search, opposition, or otherwise. Applicant may submit the results of examination made abroad on patentability. Such a report on examination made abroad is not compulsory, but may be advisable if prior art cited elsewhere is highly relevant and may affect validity of current claims.

Reinstatement: if an application has become shelved due to failure to file a response to an official action, the application may be reinstated within a period of four months, counting from the due date; the missing response or required action must be filed simultaneously, together with payment of reinstatement fee.

Restitution (Restitutio in integrum): may be requested for an application having become abandoned due to missing action from the applicant at a set term. The petition must be filed, together with restitution fee, within two months from the date on which the error was discovered, but not more than twelve months from the term in question. A condition for restitution is that the applicant and/or his attorney have exercised all the due care which could reasonably be expected. Observe that annuities should still be paid while NIPO considers the petition for restitution. Restitution related to non-payment of annuity has low probability of success.

Extension of term: a two-month extension for responding to an Office action can be obtained twice during the pendency of an application. Further extensions are now extremely difficult to obtain. If all extensions of term have been consumed, the application may, if necessary, become temporarily abandoned with the possibility for reinstatement upon payment of a fee. Reinstatement is not “restitutio in integrum“.

Division (possibilities and terms): it is possible to divide an application into two or more independent applications, at the same time retaining the original filing date for all the applications. Division must be made before parent case is granted. 

Application kept secret: the application is kept secret for a period of eighteen months, counting from the earliest filing date or priority date of the application. At the eighteen months date, an abstract of disclosure is published together with a drawing figure (if applicable) and bibliographical data. The application documents are then publicly available from the Library of NIPO. The complete application is not published until the patent is granted. Publication of granted patent may be postponed until expiry of eighteen months date upon specific request by applicant. (Secret patents are, of course, not published). 

Dispute over ownership to an invention: if a third party claims proper ownership to an invention and NIPO decides to transfer the rights to such third party, the third party (new owner) is required to pay a new application fee. 

Payment of issue and publication fees: the term for payment following decision to grant is two months. If the fee is not paid by the due date, the application is shelved, but can be reinstated within four months upon payment of the issue and publication fees, as well as a reinstatement fee. If the applicant is the inventor and has personal difficulty in paying the issue and publication fee, the inventor may file a request for non-payment within two months from date of decision to grant. If rejected, then the fees must be paid within two months. 

Opposition: must be lodged within the nine-month period from the publication of grant. Within the opposition period, the opponent must present all facts to be considered. A maximum period of one month will, under exceptional circumstances, be allowed for supplementary facts/evidence. The opposition letter must be signed. Note: the term for filing opposition based on argument and evidence that the patented invention is unethical or violates public moral or order, is three years from the date of issue of the patent, and upon payment of a prescribed fee. Reasons and procedure for opposition: opponent may base his opposition on the fact that the invention is not novel or that it lacks inventive step, or that the claims are not fully supported by the specification as originally filed. Patentee is informed of the opposition by NIPO and is given a term to reply and, if such be the case, to effect restricting amendments to the documents. If NIPO considers that the patent can be maintained, however in a restricted form, NIPO has an obligation to inform the patentee to that effect and copy the opponent. If an oral hearing is made at NIPO during opposition proceedings, both patentee and opponent should be represented. Minutes of orally presented information will be taken and any new arguments will be put on record. Both patentee and opponent have the possibility of appealing against any decision to the Board of Appeal. Observe that the Board of Appeal (KFIR) is no longer part of NIPO, but an independent legal entity. It is essential that with an appeal, all required documents should be provided, as KFIR does not necessarily request a complete file copy from NIPO. For further details, see: http://kfir.no/english-summary. Thereafter, the case may be brought before the Oslo District Court, however only by the patentee. An opposition may finally result in the granted patent being maintained in its original issued form, reissued with amended claims, or revoked.

Appeal: observe that annuities should still be paid while the Board of Appeal (KFIR) (see above) considers any appeal filed. This also applies to any appeals presented to a court.

Registration: the patent is not registered until all possibilities of appeal have lapsed.

Corrections: must be carried out prior to the date of acceptance of application.

Publication: see above under “Application kept secret”.

Granting

Delivery of document (and usual duration after filing): the Letters Patent document is usually delivered (in electronic format only) shortly after the announcement of the granting of the patent. The usual lapse of time between the filing of the application and the delivery of the Letters Patent document is three-six years. This period may, of course, differ widely from case to case.

Beginning of protection: date of application (in case of national phase of PCT: PCT filing date).

Duration – extension: twenty years.

Supplementary Protection Certificates (SPC) for medicine and agricultural products: are obtainable since July 1, 1994, and January 1, 1998, respectively. Observe that a NIPO decision regarding SPC may be placed on appeal at the Board of Appeal (KFIR) by the patentee if SPC is not granted as requested, and a request for a granted SPC may be opposed and be placed on appeal, provided it can be shown that the SPC has not been granted on a product as claimed in the patent claims on which the SPC should be based, or the patent as such is invalid or does not claim the product related to the SPC. As of September 1, 2017 medicines for children (pediatrics) can obtain maximum six months of prolonged patent protection. Until September 1, 2022 application for such extension must be filed within six months from expiry of the SPC. After that date, the time limit is two months after expiry of the SPC. Note that only owners of an SPC having expiry after March 1, 2017 can obtain prolonged validity of the SPC. The extension of the SPC will only be for the part of six months counted from expiry of the SPC remaining per September 1, 2017. If the SPC expires after September 1, 2017 it will be possible to obtain the six-month extension and which will be a direct prolongation of the SPC. For SPCs expiring before April 1, 2018 the application deadline was October 1, 2017. The pediatric regulation related application fee is NOK 2,000. Observe that the extension term of the SPC will only be in force after the application has been published. The application form is obtainable from NIPO.

Annuities – latest term for payment – extension: annuities are to be paid by the last day of the filing month. However, the 1st and 2nd annuities are only paid together with the 3rd annuity. Grace period: six months; fine 20%. Payment in advance: maximum six months. (Extension: see “Validation of invalidated patents” below.)

Marking of patented goods: not compulsory, but advisable.

Text of marking: "Norsk Patent No. xxxxxx" or "NO-patent no. xxxxxx".

Amendment of issued patent: possible through filing by patentee only, a request for administrative reexamination. Reexamination may be considered necessary due to prior art not previously cited. New, restricted claims can be filed, but not extending beyond scope of granted claims. A high reexamination fee is payable. A specification in accordance with a patent to be reissued must be filed.

Revocation: by non-payment of annuities.

Assignment: assignment, exclusive or in part, should be recorded in the Patent Register.

License for exploitation: as for assignment. Note that in case of war or high risk of war, the rights to an invention can be possessed by the Kingdom of Norway if useful under the circumstances. Rules for compensation are set.

Working – reworking: an invention should be worked in this country within three years from the grant of patent, and four years from the filing date of the application (see also compulsory licenses).

Validation of invalidated patents: possible, provided that the patent is invalidated because of non-payment of annuity, and provided that there exists an acceptable excuse. An application requesting the validation of a lapsed patent must be filed within six months, counting from the end of the six-month period of grace (see above under “Annuities”). Observe that such request is through a petition for restitution and payment of invoiced restitution fee and the unpaid annuity plus its surcharge. Arguments for the request must be filed along with any available documentation. The probability of obtaining restitution of rights through failure of having paid required annuity by end of grace period is slim.

Modification of Protection after Registration

Right of prior user: prior user may continue to use the invention in his business as long as he continues to use it in the same manner.

Reexamination: possible. Request can be filed by patentee or (effective as of January 1, 2008) by any third party at any time during the life of the granted patent and after any opposition has finally been decided on. Restriction of scope of claims or disclosure within scope of granted patent available. On no account can the scope of protection be expanded or be amended to relate to a different part of the invention. If the reason for invalid claims cannot be overcome, NIPO will declare the patent invalid. Patent is reissued with required amendments. Reexamination is known as "administrative limitation of patent rights". Appeal can be filed at the Board of Appeal (KFIR) by the opponent or the patentee dependent on the outcome of the NIPO reexamination. The decision by KFIR can be appealed to the Oslo District Court by the patentee.

Invalidation of granted patents: possible. Such claim for invalidation of a patent (for which the normal opposition period has expired -see Section 4 (“Opposition“) above- must be lodged by a third party (plaintiff) with the Oslo District Court.

Compulsory licenses: if the requirements stated under “Working – reworking” above are not fulfilled, and provided that there is no acceptable excuse as to why the invention has not been worked, a compulsory license may be granted. Compulsory license may also be granted to the owner of a more recent patent of great importance, in the event that the rights of the older patent would be infringed by working the younger patent. In such a case, a reciprocal license is usual. In cases of extreme importance to the public interest, a compulsory license may also be granted. Compulsory licenses are rare in Norway due to length of time normally required to resolve various issues related thereto. Special rules have been implemented for claiming a compulsory license, and special conditions prevail for medicines.

Expropriation: a patent may only be expropriated under extraordinary circumstances such as in war time, etc.

Infringement: a Norwegian patent awards its owner an exclusive right, which is infringed should the invention be used commercially by means of manufacture, importation, use, etc.

Penalties: liability to compensation and punishment with fine or, if willfully guilty of infringement, imprisonment up to three years, depending on seriousness of infringement. 

Duty of information to NIPO: if a case is raised as regards invalidity, or rights are to be assigned, licensed (also in case of compulsory license) or pledged, the NIPO Register must be informed about major details and name of licensor, licensee, patentee and/or pledge holder, respectively.

Particularities

Miscellaneous: the Norwegian Patent Act is, in most essential respects, identical with the Patent Acts in force in Denmark, Finland and Sweden, and to a large extent harmonized with the EPC. When a patent application is accepted for granting of patent, the application documents will be printed in the accepted form.

Everything that is disclosed in a pending Norwegian patent application may be considered a novelty bar for a subsequently filed application, even in the case of the same applicant (cf. Section 3 “Kinds of protection” above), provided that earlier application becomes publicly available.

It is not compulsory during examination of an application to furnish the Norwegian Industrial Property Office with an update on all references cited elsewhere in corresponding applications, but it is strongly recommended to do so, in particular, if such references are relevant. It will not be of advantage to the patentee if in litigation it can be proven that such information was deliberately withheld. Further, it is recommended that in a patent family a certain harmonization of arguments and claims should be observed if same nature of prior art references are met in the different countries, in order not to present contradictory issues that could be relied upon in opposition proceedings or litigation.

An application, which is filed without Convention priority, is deemed the first and original application on the invention. It will be given a novelty and patentability search, even though the application is in Danish, English or Swedish language. The Office action will be given in Norwegian, but may be requested in English. Norwegian or English texted specification must in any case be filed within sixteen months from the application date if the original text is neither in Norwegian nor English. As of January 1, 2015 upon entry of Norway into the London Agreement, patent applications may be processed based on text in Norwegian or English, and the proceedings will be in the selected language.

In January 2003, the Norwegian government decided to propose acceptance of the EU directive on patenting of biotechnological inventions. The government proposal was approved by the Norwegian Parliament, and the Patents Act has been amended accordingly, effective as of February 1, 2004. The latest version of the Norwegian Patents Act is downloadable in English from www.patentstyret.no (The Norwegian Industrial Property Office). Some new subsections have been added to the revised Act to state limitations as to patentability of some aspects of biotechnology.

Norway and EPC: as of January 1, 2008, Norway is a member of the EPC. Thus, Norway can as of that date be designated as a member State of EPC in a direct EP application having a filing date of January 1 2008 or later, or in the EP designation box of a PCT application having a filing date of January 1, 2008 or later. Note: Norway cannot be designated (through expansion) in an EP application filed before January 1, 2008.

Norway and the EU Unitary Patent: as Norway is not an EU country, just associated with the EU through EEA, Norway cannot be included in the Unitary Patent. Norwegians being holders of a European Patent may choose to "Opt-out" from the Unitary Patent Court (UPC) jurisdiction. Further, as Norway cannot be a UP country, the UPC jurisdiction does not apply to Norway as validated EP patent country.

Norway and London Agreement: on January 1, 2015, the London Agreement entered into force for Norway. If a European patent granted in English is to be validated in Norway, only the patent claims have to be translated into Norwegian. However, if the European patent is granted in French or German, the description must be translated into Norwegian or English.

Norway and applications filed in English: as of January 1, 2015, if an application is filed (either by a Norwegian or foreigner) in English and no translation into Norwegian is provided, then all communications to and from NIPO should be held in English. Upon granting of a patent, the claims must also be presented in English. However, if the application is filed in the Norwegian language, then all proceedings will be in Norwegian.

Patent Prosecution Highway (PPH): Norway is a member of PPH both as regards the Norwegian Industrial Property Office (NIPO) and the Nordic Patent Institute. Norway has as of January 1, 2020, also entered into a mutual PPH (Patent Prosecution Highway) agreement with China (CN).

Pledging of patent rights: as of July 1, 2015, pledging of patent rights (including SPC and validated EP patents) is possible. Recordal of such a pledge must be made in the related Patent Register of NIPO. It is also strongly recommended that any licenses and assignments are recorded in the Patent Register of NIPO.

Biological material: it is mandatory to inform NIPO about country of delivery or person of origin.

Obligation to inform a third party: if the applicant through advertisement, in writing or through marking on his products and/or packaging, claims patent rights related to a patent pending application, the applicant is obliged, upon request, to inform a third party about the application number, and if the application is publicly available, provide the third party with a copy of the application or a link to where further details can be studied. It will be considered a violation of the law not to properly inform, and a penalty can be issued to the applicant.

Norway, Nordic Patent Institute and PCT: the Nordic Patent Institute started its activities on January 1, 2008. The Nordic Patent Institute acts as International Searching Authority (ISA) and International Preliminary Examining Authority (IPEA) for any international application filed with the Receiving Office of Denmark, Iceland and Norway. The Institute offers highly competitive conditions with regard to price and delivery time, as well as a high standard of quality as ISA and IPEA. The two-letter code for using the Nordic Patent Institute is XN. NPI normally delivers its search report and preliminary written opinion within three months from filing and payment of fees. The Nordic Patent Institute will offer supplementary international search from January 1, 2009 as a new service under the PCT system. This NPI service is based on a unique combination of highly qualified Examiners with extensive experience in a broad range of technical areas. NPI searches will cover Nordic search files in addition to the PCT minimum. Only PCT applications filed at the Receiving Office in Norway, Iceland or Denmark can use NPI for regular PCT- search and examination. For more information on NPI, see: www.npi.int

Public availability of patent documents: most patent file documents dated later than March 2012 are downloadable from the NIPO website. Documents earlier than April 2012 are obtainable as ordered hard copies.

Provisional protection: is normally available when the application is normally publicly available eighteen months from first filing date or priority date, but can be made earlier upon written request from the applicant to let the application become publicly available at an earlier date. If the application is in English, then a true translation into Norwegian of the current English texted claims must be filed.

Delays in postal deliveries: in case an official term for responding or paying a fee is not met due to delays or disruptions in postal deliveries, e.g. a force majeure, a reinstatement is possible within two months from the date on which the applicant or patentee became aware of loss of rights or should have known that loss of rights were likely, or within one year from the cause of the loss. Conditions are, inter alia, that postal deliveries have been disrupted during ten last days before expiry of term, and action has been taken by the applicant within five days after postal deliveries were back to normal, or the document or the fee was sent to NIPO by Registered Mail at least five days before expiry of term. If not sent as airmail,  this will be valid if the sender had reason to believe that the letter would arrive within two days from dispatch, or if mailing by airmail was not possible.

WIPO Digital Access Service (WIPO DAS): Norway entered WIPO DAS as of January 1, 2020, which simplifies any obtaining of a priority document from the Norwegian Industrial Property Office, upon payment of a modest fee, stating an e-mail address for an access code to be provided thereto by WIPO, and then in due course providing that access code to the Industrial Property Office in the foreign country in question. However, not all countries accept digital priority documents, and not all countries have entered WIPO DAS.

New international standard of sequence lists will, according to WIPO, enter into force by July 1, 2022.

Client-Attorney Privilege has been entered into effect as of July 1, 2021, implying that a Patent Attorney, a Patent Agent or a Patent Counsel/Advisor has a specific protection against having to disclose, during court proceedings, any confidential communication having been made with his/her client.