PCT Applicant's Guide Norway EQE - Valid as from 31 Oct 2023

GENERAL INFO
RO
BIO
NATIONAL CHAPTER

Materials for the European Qualifying Examination (EQE)
Special edition as of 31 October 2023, prepared for EQE candidates

Useful information

The PCT Applicant’s Guide is updated almost every week with information received by the International Bureau.

In case of question, please contact the Office or the International Bureau (pct.guide@wipo.int).

List of abbreviations used in this document:

Office: Norwegian Industrial Property Office

NPL: Patents Act (Norway)

NPR: Norwegian Patent Regulations

List of currencies used in this document:

NOK (Norwegian krone)

Countries and Offices information:

The list of acronyms used for Offices is no longer shown as it has been integrated in the mouseover functionality for each ST.3 code shown in this document.
Refer to List of WIPO Standards, Recommendations and Guidelines formerly Annex K, List of country names and two-letter codes. It includes a list of short names and two-letter codes accepted for use in indicating States, other entities and intergovernmental organizations and their Offices in documents relating to international applications under the PCT. The list is as set out in WIPO Standard ST.3.
Also refer to PCT Contracting States formerly Annex A.

Office profile

For more technical information about the Office, refer to ePCT Office profile.

PCT Reservations, Declarations, Notifications and Incompatibilities

Article 64(2)(a)(ii), Rule 23bis.2(e)
Refer to the full list.

Office Closed dates

The Office is closed weekly on Saturday and Sunday

Additional closed dates can be consulted on the Office Closed dates page

International Phase

Annex B - Information on Contracting States or Intergovernmental Organization

Contracting State:

Norway

Two-letter code:

Name of Office:

Norwegian Industrial Property Office

Location:

Sandakerveien 64
0484 Oslo
Norway

Mailing address:

Postboks 4863 Nydalen
0422 Oslo
Norway

Telephone:

(47-2) 238 73 00

E-mail:

post@patentstyret.no

Website:

http://www.patentstyret.no

Facsimile:

(47-2) 238 73 01

Does the Office accept the filing of documents by facsimile or the like means (PCT Rule 92.4)?

Yes, by e-mail or facsimile

Which kinds of documents may be so transmitted?

All kinds of documents

Must the original of the document be furnished in all cases?

Yes, within 14 days from the date of the transmission, if the transmitted document is the international application or a replacement sheet containing corrections or amendments of the international application and it was furnished by facsimile

No, only upon invitation in the case of other documents

Does the Office send notifications via e-mail in respect of international applications?

Would the Office accept evidence of mailing a document, in case of loss or delay, where a delivery service other than the postal authorities is used (PCT Rule 82.1)?

Is the Office prepared to allow applicants to make applications available to the WIPO Digital Access Service for Priority Documents (DAS) (PCT Rule 17.1(b-bis)?

Yes, the Office is prepared to allow applicants to make international and national applications available to the WIPO DAS

Competent receiving Office(s) for international applications filed by nationals or residents of this State:

EP,

IB,

Does national legislation restrict the filing of international applications with foreign Offices?

Patents Act, Section 71 and Act on Inventions of Importance to the Defence of the Realm (Act No. 8 of 26 June 1953, as last amended on 1 January 2002)

Yes

Filing restrictions apply to:

Inventions made in Norway

Applications by residents

Inventions owned by residents

Competent designated (or elected) Office(s) for this State:

National protection: NO

European patent: EP

Types of protection available via the PCT:

National:

Patents

European:

Patents

Availability under the national law for an international-type search (PCT Article 15):

Section 9 of the Patents Act of Norway and

Section 29 of the Regulations

Provisional protection after international publication:

Where the designation is made for the purposes of a national patent:

After international publication, the furnishing of a translation into Norwegian or English and, if the translation or application was filed in English a translation of the claims into Norwegian, gives the applicant provisional protection in the sense that, upon grant of the patent, he may be entitled to compensation. The protection is limited to what is claimed in both the application and the patent. As to further conditions for and limitations in the liability, refer to Sections 33, 58 and 60 of the Patents Act.

Where the designation is made for the purposes of a European patent:

Provided that any national requirements relating to the translation into Norwegian of the claims of the application have been met, and upon grant of the patent, provisional protection is given. With provisional protection, the applicant may be entitled to compensation. Protection is limited to what is claimed in both the application and the patent (Norwegian Patents Act Section 66g).

Information of interest if this Contracting State is designated (or elected)

For national protection

Time when the name and address of the inventor must be given:

May be in the request or may be furnished later. If not already complied with within the time limit applicable under PCT Article 22 or 39(1), the Office will invite the applicant to comply with the requirement within a time limit fixed in the invitation.

Are there special provisions concerning the deposit of microorganisms and other biological material?

Yes, refer to Annex L.

For a European patent

Refer to Annex B(EP)

Annex C - Receiving Office

Competent receiving Office for nationals and residents of:

Norway

Language in which international applications may be filed:

If the language in which the international application is filed is not accepted by the International Searching Authority (refer to Annex D), the applicant will have to furnish a translation (PCT Rule 12.3). If the language in which the international application is filed is not a language of publication and no translation is required for the purposes of international search (PCT Rule 12.3(a)), the applicant will have to furnish a translation of the application into English (PCT Rule 12.4(a))

English,

Norwegian

Language accepted for language-dependent free text in the sequence listing:

English,

Norwegian,

or both

Language in which the request may be filed:

English

Number of copies required by the receiving Office if application filed on paper:

Does the receiving Office accept the filing of international applications in electronic form?

Yes, the Office accepts electronic filing via ePCT-Filing

For the relevant notification by the Office, refer to the Official Notices (PCT Gazette) dated 6 April 2023, page 85 et seq.

Where the international application is filed in electronic form in accordance with and to the extent provided for in Part 7 and Annex F of the Administrative Instructions, the total amount of the international filing fee is reduced (refer to “Fees payable to the receiving Office”).

Where the international application contains a sequence listing as a separate part of the description, this should be furnished in accordance with Annex C of the Administrative Instructions, that is, in compliance with WIPO Standard ST.26 XML format; no fees are due for sequence listings filed in this format. If the receiving Office does not accept international applications in electronic form in such format, the international application will be transmitted to the International Bureau as receiving Office (PCT Rule 19.4(a)(ii-bis)).

Does the receiving Office accept requests for restoration of the right of priority (PCT Rule 26bis.3)?

Yes, the Office applies the “unintentional” criterion to such requests

Competent International Searching Authority:

EP,

SE,

Competent International Preliminary Examining Authority:

EP,

SE,

Fees payable to the receiving Office:

Transmittal fee:

800 NOK

International filing fee:

15,950 NOK

This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).

Fee per sheet in excess of 30:

180 NOK

Reductions (under Schedule of Fees, item 4):

Electronic filing (the request in character coded format):

2,400 NOK

Electronic filing (the request, description, claims and abstract in character coded format):

3,600 NOK

Search fee:

Refer to
Annex D(EP)
Annex D(SE)
Annex D(XN)

Fee for priority document (PCT Rule 17.1(b)):

300 NOK

Fee for requesting restoration of the right of priority (PCT Rule 26bis.3(d)):

3,000 NOK

Is an agent required by the receiving Office?

Who can act as agent?

Any natural or legal person

Waiver of power of attorney:

Has the Office waived the requirement that a separate power of attorney be submitted?

Refer to the Office

Has the Office waived the requirement that a copy of a general power of attorney be submitted?

Refer to the Office

Annex L - Deposits of Microorganisms and Other Biological Material

Requirements of designated and elected Offices

Only Offices whose applicable national law contains provisions concerning the deposits of microorganisms and other biological material are listed in Annex L. Unless otherwise indicated, deposits may be made for the purposes of patent procedure before these Offices with any depositary institution having acquired the status of international depositary authority under the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure.

For a list of these institutions refer to:

http://www.wipo.int/treaties/en/registration/budapest/pdf/idalist.pdf

Notifications related thereto may be consulted under:

http://www.wipo.int/treaties/en/registration/budapest/

Further information concerning the requirements of international depository authorities under the Budapest Treaty is available at:

http://www.wipo.int/budapest/en/guide/index.html

Time (if any) earlier than 16 months from priority date by which applicant must furnish:

— the indications prescribed in Rule 13bis.3(a)(i) to (iii):

Where applicant requests publication earlier than 16 months from the priority date, not later than that request

— any additional indications:

At the time of filing (as part of the application)

Additional indications (if any) which must be given besides those prescribed in Rule 13bis.3(a)(i) to (iii) pursuant to notifications from the Office:

To the extent available to the applicant, all significant information on the characteristics of the microorganism

Additional information

The applicant may request that, as from the time when the application has been laid open to public inspection by the Norwegian Industrial Property Office until a patent has been granted, the application has been finally decided upon without a patent having been granted, or for 20 years from the date of filing if the application is refused or withdrawn, the furnishing of a sample shall only be effected to an expert in the art. The request to this effect shall be filed by the applicant with the Norwegian Industrial Property Office not later than at the time when the application is made available to the public under Section 33(3) of the Norwegian Patents Act. If such a request has been filed by the applicant, any request made by a third party for the furnishing of a sample shall indicate the expert to be used. That expert may be a person entered on a list of recognized experts drawn up by the Norwegian Industrial Property Office or any person approved by the applicant in the individual case.

National Phase

Summary of requirements for entry into the national phase

Time limits applicable for entry into the national phase:

Under PCT Article 22(3): 31 months from the priority date
Under PCT Article 39(1)(b): 31 months from the priority date

Translation of international application required into (one of) the following language(s):

Where a request for entry into the national phase has been made within the time limit applicable under PCT Article 22 or 39(1), the translation may be filed within two months from the expiration of that time limit, provided that an additional fee for late furnishing of the translation is paid within 30 days from the date of the invitation to pay that fee

For further details, refer to paragraph NO.02

English,

Norwegian

Required contents of the translation for entry into the national phase:

Under PCT Article 22: Description, claims (if amended, as originally filed or as amended, at applicant’s option), any text matter of drawings, abstract

Under PCT Article 39(1): Description, claims, any text matter of drawings, abstract (if any of those parts has been amended, as originally filed or as amended by the annexes to the international preliminary examination report, at applicant’s option)

Is a copy of the international application required in particular circumstances?

The applicant should only send a copy of the international application if he/she has not received Form PCT/IB/308 and the Office has not received a copy of the international application from the International Bureau under PCT Article 20. This may be the case where the applicant expressly requests an earlier start of the national phase under PCT Article 23(2)

National fees:

The amount in parentheses is applicable where the applicant is a natural person or a legal entity with 20 permanent employees or less

Basic fee, including examination fee

Must be paid within 30 days from the date of the invitation to pay that fee

4,650 NOK

(850 NOK)

Claim fee for each claim in excess of 10

Must be paid within 30 days from the date of the invitation to pay that fee

250 NOK

Additional fee for late furnishing of translation

950 NOK

Annual fees for the first three years

These fees are due on the last day of the month containing the second anniversary (24 months) of the international filing date; where PCT Article 39(1) applies, they are payable within two months after performing the acts for entering the national phase, unless the 24-month time limit has not yet expired

per year 700 NOK

Exemptions, reductions or refunds of fees:

None

Special requirements of the Office (PCT Rule 51bis):

If not already complied with within the time limit applicable under PCT Article 22 or 39(1), the Office will invite the applicant to comply with the requirement within a time limit fixed in the invitation.

This requirement may be satisfied if the corresponding declaration has been made in accordance with PCT Rule 4.17

Name and address of the inventor if they have not been furnished in the “Request” part of the international application

If someone other than the inventor applies for a patent, the application shall contain a declaration from the applicant stating his right to the invention, or a deed of transfer

Who can act as agent?

Any natural or legal person

Does the Office accept requests for restoration of the right of priority (PCT Rule 49ter.2)?

Yes, the Office applies the “unintentional” criterion to such requests

The procedure in the national Phase

NO.01 FORM FOR ENTERING THE NATIONAL PHASE

The Office has available a special form for entering the national phase (refer to Annex NO.II). This form should preferably (but need not) be used. This form is also available on the Office’s website at: https://http://www.patentstyret.no/en/services/forms-PDF-format/

NO.02 LANGUAGE OF PROCEEDINGS

NPR Sec. 5, NPR Sec. 105
The description, the claims, any text matter of drawings and the abstract of the international application must be in Norwegian or English. If the application has not been published in English, a translation into English or Norwegian has to be furnished. Other documents and correspondence may be in Norwegian, Danish, Swedish or English. The languages of opposition and appeal proceedings are Norwegian, Danish or Swedish.

A patent 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

NO.03 TRANSLATION (LATE FURNISHING OF)

NPL Sec. 31(3)
If the translation of the international application has not been furnished by the applicant within the time limit applicable under PCT Article 22 or 39(1), the translation can still be furnished within a further period of two months, provided that the basic fee and the additional fee for late furnishing of the translation, indicated in the Summary, have been paid within the prescribed deadlines (the deadlines being 30 days after the date of the invitations to pay those fees).

NO.04 TRANSLATION (CORRECTION)

Errors in the translation of the international application can be corrected with reference to the text of the international application as filed (refer to National Phase, paragraphs 6.002 and 6.003).

NO.05 TRANSLATION (IN CASE OF LACK OF UNITY OF INVENTION)

Where a part of the international application was not subjected to an international search for reason of lack of unity of the invention, a translation is required only of those parts of the international application which were subjected to the international search. However, where the applicant wants to maintain the part which was not searched, a translation of this part must also be furnished. Also refer to paragraph NO.9.

NO.06 FEES (MANNER OF PAYMENT)

The manner of payment of the fees indicated in the Summary and in this Chapter is outlined in Annex NO.I.

NO.07 DECLARATION OF RIGHT AND DEED OF TRANSFER

NPL Sec. 8(4)
If someone other than the inventor applies for a patent, the application shall contain a declaration from the applicant stating his right to the invention, or a deed of transfer. For details, refer to the model of such declaration and deed (not an official form) in Annexes NO.V and IV. Legalization is not required.

NO.08 POWER OF ATTORNEY

An agent may be appointed by filing a separate power of attorney or by use of the special form referred to in paragraph NO.01 (refer to Annex NO.II). A model of a separate power of attorney is given in Annex NO.III. Where a lawyer in person is appointed as agent to act on the applicant’s behalf for matters concerning the national phase, a power of attorney is not mandatory. If a company is appointed, a power of attorney is necessary, even if the employee representing the applicant is a lawyer.

NO.09 ADDITIONAL NORWEGIAN SEARCH OR EXAMINATION REPORT (IN CASE OF LACK OF UNITY OF INVENTION)

PCT Art. 17(3)(b), PCT Art. 34(3)(c), NPL Sec. 36, NPL Sec. 37
Where a part of the international application was not subject to an international search or preliminary examination because the international application did not comply with the requirement of unity of invention and the applicant did not pay the additional search or preliminary examination fee to the International Searching or Preliminary Examining Authority, the Office will decide whether the said finding as regards the application translated into Norwegian or English was correct. If this is found to be the case, the Office will invite the applicant to pay an additional fee within two months after mailing of the notification of this decision. The amount of the said fee is indicated in Annex NO.I. Where the applicant does not pay the additional fee, that part of the international application which was not subjected to international search or preliminary examination will be considered withdrawn.

NO.10 PATENT GRANT FEE

NPL Sec. 20, NPL Sec. 21
When the applicant has been notified that a patent may be granted, a patent grant fee must be paid within two months. The amount of the fee is indicated in Annex NO.I.

NO.11 ANNUAL FEES

NPL Sec. 8(5), NPL Sec. 8(6), NPL Sec. 40, NPL Sec.41, NPL Sec. 42
Annual fees must be paid for each year following the international filing date. For the due date of the annual fees for the first three years, refer to the Summary. Payment of the subsequent annual fees must be made before the expiration of the month containing the anniversary of the international filing date. Payment can still be made, together with an additional fee for late payment, before the expiration of the sixth month after the month containing the anniversary of the international filing date. The amounts of the annual fees are indicated in Annex NO.I.

NO.12 AMENDMENT OF THE APPLICATION; TIME LIMITS

PCT Art. 28, PCT Art. 41, NPL Sec. 13
The applicant may make the following modifications before the Office, provided that the scope of the subject matter of the application is not broadened thereby:

NPL Sec. 34, NPR Sec. 77
(i) within 35 months from the priority date: corrections of defects and voluntary amendments;

NPL Sec. 19, NPL Sec. 20, NPL Sec. 21, NPR Sec. 20, NPR Sec. 21
(ii) up to the grant of a patent: amendments or additions to the description and drawing(s) if they are necessary to comply with general requirements under PCT Articles 5 and 7; amendments or additions to the claims, which, unless the Office allows otherwise, must be made by filing a new document comprising all of the claims in sequence; where additions are made to the claims, the applicant must at the same time file a statement indicating the reference basis for these additions.

NO.13 REVIEW UNDER ARTICLE 25 OF THE PCT

PCT Art. 25, PCT Rule 51, NPL Sec. 26, NPL Sec. 27, NPL Sec. 38, NPR Sec. 78
The applicable procedure is outlined in paragraphs 6.018 to 6.021 of the National Phase. If, upon review under PCT Article 25, the Office denies an error or omission on the part of the receiving Office or the International Bureau, an appeal against this decision may be lodged with the Board of Appeals, within two months from the date of the decision. An appeal fee must be paid within 30 days from the date of the invitation to pay that fee (for the amount, refer to Annex NO.I).

NO.14 EXCUSE OF DELAYS IN MEETING TIME LIMITS

PCT Art. 24(2), PCT Art. 48(2)
Reference is made to paragraphs 6.022 to 6.027 of the National Phase.

NO.15

NPL Sec. 72, NPL Sec. 73
Reestablishment of rights may be requested where the applicant failed to observe a time limit during the international phase or before the Office, default of which is prejudicial to his rights, and can prove that the failure to comply with the time limit was unintentional. A request for reestablishment must be presented in writing within two months after the removal of the cause of the failure to perform the action but not later than one year from the expiration of the time limit which has not been observed. Within the said two months, the omitted action must be completed. A fee for reestablishment of rights (refer to Annex NO.I) must be paid and will be invoiced by the Office.

NO.16

NPL Sec. 15
Resumption of proceedings concerning the application may be requested from the Office where the applicant has missed a time limit which had been fixed for a certain action by the Office. Resumption of proceedings may not be requested where the missed time limit is fixed in the PCT, the PCT Regulations, the Norwegian Patents Act or the Norwegian Patent Regulations. A request for resumption of proceedings has the effect that the proceedings for grant will be resumed, provided that, within four months from the expiration of the missed time limit, the said request is presented in writing, the resumption fee (refer to Annex NO.I) is paid and the omitted act has been completed.

NO.17 OPPOSITION

NPL Sec. 24
Any person may file an opposition to a granted patent. A notice of opposition shall be filed in writing, state the grounds for the opposition, and reach the Office within nine months from the date of grant of the patent. There is an exception for oppositions that assert that the patent is contrary to public order or morality; these can be filed within three years from the time when the patent was granted.

Annexes

Annex NO.I - Fees

The amount in parentheses is applicable where the applicant is a natural person or a legal entity with 20 permanent employees or less

National fee, including examination fee

4,650 NOK

(850 NOK)

Additional fee for late furnishing of translation or copy

950 NOK

Claim fee for each claim in excess of 10

250 NOK

Additional fee (refer to paragraph NO.09)

4,650 NOK

Patent grant fee:

— basic fee

1,200 NOK

— additional fee for each new patent claim

250 NOK

— additional fee for each commenced sheet in excess of 14

250 NOK

Resumption fee

550 NOK

Second or additional resumption fee

1,950 NOK

Fee for reestablishment of rights

3,000 NOK

Fee for restoration of the right of priority

3,000 NOK

Appeal fee (refer to paragraph NO.13)

5,700 NOK

Annual fees:

— for the 1^st year

700 NOK

— for the 2^nd year

700 NOK

— for the 3^rd year

700 NOK

— for the 4^th year

1,350 NOK

— for the 5^th year

1,650 NOK

— for the 6^th year

2,000 NOK

— for the 7^th year

2,200 NOK

— for the 8^th year

2,550 NOK

— for the 9^th year

2,850 NOK

— for the 10^th year

3,200 NOK

— for the 11^th year

3,500 NOK

— for the 12^th year

3,850 NOK

— for the 13^th year

4,200 NOK

— for the 14^th year

4,500 NOK

— for the 15^th year

4,850 NOK

— for the 16^th year

5,200 NOK

— for the 17^th year

5,500 NOK

— for the 18^th year

5,800 NOK

— for the 19^th year

6,200 NOK

— for the 20^th year

6,500 NOK

Supplement for late payment

700 NOK

How can payment of fees be effected?

The payment of fees has to be effected in Norwegian kroner. All payments must indicate the national application number (however, if that number is not yet known, the international application number may be used), the name of the applicant and the category of fee being paid

Payment may be effected by transfer to the following bank:

Renewal fees

Beneficiary’s name
PATENTSTYRET

Bank name
DNB ASA

Bank Account No.
8276 01 00192

Bank Address
P.O. Box 1600 Sentrum
NO 0021 OSLO

BIC code
DNBANOKKXXX

IBAN No.
NO8282760100192

Other fees

Beneficiary’s name
PATENTSTYRET

Bank name
DNB ASA

Bank Account No.
8276 03 00078

Bank Address
P.O. Box 1600 Sentrum
NO 0021 OSLO

BIC code
DNBANOKKXXX

IBAN No.
NO4682760300078

Annual fees can be paid online. This service is free of charge and available on the Office’s digital services website:
https://search.patentstyret.no/

Forms

The following documents are maintained by the Office. Refer to the Office website (Annex B) for latest version and other languages.

Annex NO.II - National processing request form

Annex NO.III - Power of attorney

Annex NO.IV - Deed of transfer

Annex NO.V - Declaration of right to the invention

Processing

NO - Norway
Norwegian Industrial Property Office

Useful information

International Phase

Annex B - Information on Contracting States or Intergovernmental Organization

Annex C - Receiving Office

Annex L - Deposits of Microorganisms and Other Biological Material

National Phase

Summary of requirements for entry into the national phase

The procedure in the national Phase

Annexes

Processing

NO - Norway Norwegian Industrial Property Office

Error Information Warning Confirmation

NO - Norway
Norwegian Industrial Property Office