• Patent fees

Fees associated with the Norwegian PCT national phase entry as well as other patent fees are available in the fee calculator.

• Deadline for PCT national phase entry in Norway

The deadline for the entry into the PCT national phase in Norway is 31 months from the priority date. It is possible to request restoration if the 31-month deadline has been missed. The “due care” criterion applies.

• Filing requirements in Norway

The official languages of patent prosecution in Norway are Norwegian and English. If the application is filed in English, the Norwegian Industrial Property Office shall, before sending the Notice of Allowance, inform the applicant that a translation into Norwegian of the patent claims in the application must be submitted before a patent can be granted and set a deadline for submission of the translation. If the international application is filed in any other foreign language the translation into Norwegian should be submitted within 31 months from the priority date (or 33 months from the priority date with the payment of an additional fee).

The patent application in Norway should contain:
- name and address of the applicant(s), the inventor(s) and the representative;
- PCT application materials including description of the invention, claims, abstract and drawings, if any;
- country, date and number of any priorities claimed in the PCT application.

In general, no Priority Document should be submitted. The Norwegian Patent Office may request the priority document at the examination stage, and the time limit for submission of the certified copy is three months from the receipt of the corresponding notification.

The representative’s name and address must be cited either in the application form, which must be signed by the applicant or in a separate Power of Attorney. Legalization or notarization of the power of attorney is not required. It may be provided simultaneously with filing of the application or upon receipt of the corresponding request from the Patent Office.

If the applicant of the Norwegian patent application is other than the inventor, a declaration stating the right of the applicant to file the application must be provided. The term for providing such declaration (Assignment Deed) is three months from filing the application.

• Examination of a PCT national phase patent application in Norway

The examination of a Norwegian patent application must be requested at the time of filing. Applications are examined as to compliance with formal requirements and with requirements for patentability.

• Novelty grace period

Disclosure of the information about an invention shall not disprove its novelty in the following cases:
- it occurred within 6 months prior to filing of an application in Norway as a consequence of an evident abuse in relation to the applicant or their predecessor in title;
- information about the invention was disclosed by the applicant or his legal predecessor at the internationally recognized exhibition by the Bureau International des Expositions (BIE) and the application was filed within 6 months after such disclosure. Such exhibitions happen very seldom, therefore this exception from the novelty requirement hardly ever applies.

• Grant, validity term and maintenance fees

The official fee for issuance of a patent in Norway should be paid within two months from issuance of the Notice of Allowance. In the case of failure to pay the fee for issuance of a patent, the application will be cancelled. However, the term for payment may be reinstated within 4 months after expiration of the initial term by paying the corresponding fee. Patents in Norway are valid for 20 years from the filing date.

Pending applications and granted patents are subject to payment of annual fees. Annual maintenance fees should be paid starting from the 3rd year from the international filing date. Payment can be made within six months before the due date. The due date for paying annuities is the last day of the month containing the international filing date. Late payment may be effected within 6 months after the due date, a surcharge applies.

Annual fees for the first three years are due on the last day of the month containing the second anniversary (24 months) of the international filing date.

• Duration of registration procedure

Average time from entering the national phase up to grant of a patent is 2,8-3 years.

• Utility Model

Utility model protection is not stipulated by the Norwegian legislation.

• Representation by a patent attorney

For foreign applicants, it is recommended to perform PCT national phase entry in Norway through an agent, a registered Norwegian patent attorney.

• Notes

1. Online Search Databases: Norwegian Patents, European Patents (EPO).
2. Patent protection in Norway may also be obtained via European Patent and its further validation in Norway.

Brief summary is based on the information provided by AWA NORWAY AS on 23.01.2024
Please contact us if the above information is not in conformity with Norwegian IP Laws