After you have been granted a patent

If you already have products on the market, you should make it clear and transparent that you have a patent for the invention. This can prevent unnecessary conflicts about encroachments. 

Make an assessment of whether you have adequate protection:

• Is it easy to bypass your right by making some changes?
• Is it necessary to apply for more patents in adjacent areas?
• Do you have a product for which you should apply for a design and trademark?

By having a patent, you can achieve financial gain in several ways. The most common of these are: :

• higher sale price of the product as a result of monopoly
• increased value of the company in the event of a merger or sale of the company
• selling the patent, in whole or in part
• license income from the patent
• better access to funding from investors and the public sector
• securing market shares by preventing copying

The Norwegian Industrial Property Office (NIPO) has no role in the commercial use of patents, but it is important that we get updated information to the patent register. Therefore, remember to notify us of changes in ownership, license agreements and mortgages.

A patent can last up to 20 years. In order for the patent to continue to be valid, you must pay an annual fee.

The NIPO only sends one notice of payment. It is for the first payment of annual fees, and applies to the first three tax years.

You must ensure that the annual fees are paid by the deadline each year. We are strict with the payment deadlines, and you risk the patent ending if you don't pay on time. You can set up a notification by using our notification service to remind you. 

A license is an agreement where you, as the holder of a patent, give a licensee the right to create, use or sell your patented technology within agreed geographic markets and areas of use.

Typically, you receive an amount when the agreement is signed, and then a share of the licensee's annual sales revenue. You still own the patent, and you can enter into license agreements with licensees in one or more markets.

It is also possible to utilize each other's patents, so-called cross-licensing, to create alliances and increase one's own room for action.

It is possible to pledge patents, patent applications and patent licenses in Norway. In order to secure the lien, the pledge must be registered with the NIPO. The main purpose of the possibility to pledge is to make it easier for start-ups without the possibility of overdrafts, and other companies that need funds for the development of new ideas, to obtain capital by providing security in their patents, patent applications and licences.

This is challenging, and you should contact a patent office or a law firm. It is usual to first send a letter to the person you believe is infringing your rights. You can often come to a solution through negotiations, but in other cases the matter must be resolved in court. 

To stop interventions, the courts can quickly issue a temporary injunction. This means that your competitor will be required to stop manufacturing, marketing and selling the product until the case comes to court. Processing in the court system takes longer, and the court decides on any compensation. You can claim this from the time the patent application was published. Litigation is conducted in each individual country, and if you have to defend the patent in several countries, the costs can be high.

If you have encroached on the rights of others, the process is just as challenging as when others violate your rights. It is most common to reach an agreement through negotiations, but you risk having to pay compensation or enter into a license agreement. The process usually starts with you receiving a letter from the other party's patent attorney or lawyer.

You should then get the help of a professional who can respond to the other party, and in certain cases bring a counterclaim, possibly try to have their patent invalidated.

Anyone can submit an objection against the validity of your patent to the NIPO after administrative review. There is no time limit for requesting an administrative review.

There are no "patent police", so you as a patent holder must yourself be active and protect your patent rights. It is your responsibility to monitor whether someone encroaches on your rights, and in that case you must create a strategy. You can use our notification service to follow and be notified if a competitor submits an application for rights or if something happens in a specific technical field.