Validating European patents in Norway
European patents (EP patents) which are being processed or have been granted at the European Patent Office (EPO), can be validated in Norway.
Why do you have to validate a EP patent in Norway?
For a European patent granted by the EPO to be valid in Norway, it must be validated by the Norwegian Industrial Property Office (NIPO).
This applies even if you have claimed unitary effect for your European patent. Unitary patents are not automatically valid in Norway, as Norway is not an EU country.
When must you file an application for validation?
To validate a European patent in Norway, you must file an application for validation, including a translation of the patent, to the Norwegian Industrial Property Office (NIPO) within three (3) months after the EPO has published notification that the patent has been granted.
How to apply?
For Norwegian residents and companies operating in Norway we recommend that you send your application online via Altinn. You will receive a receipt immediately, and the correspondance will take place via Altinn.
No Norwegian national ID number?
The Norwegian Industrial Property Office (NIPO) offers a secure electronic solution for those of our customers without a national ID number. File applications and communicate with us electronically.
What information is required in the application?
- application or publication number at the EPO
- title
- name or business name of the owner of the patent
- address for correspondence
Translation
The european patent must be translated.
If the patent is granted in English at the EPO, you must submit a Norwegian translation of the patent claims.
If the patent is granted in French or German, you also have to submit:
- translation of the title and description, including any text on drawings into English
- OR translation of the title and description, including any text on drawings, into Norwegian.
Any sequence listings need not be translated.
Format requirements
- Description, claims and drawings must be submitted in separate files.
- Numbering must be placed at the top of the page in the middle.
- Representative/ Patent attorney, PCT number and EP number etc. should not be included.
- Title should not be listed in the description and claims.
Power of Attorney
If you are using a patent agent, you must submit a Power of Attorney.
The Power of Attorney should contain the application or publication number, the name and address of the patent holder, and the name and address of the patent agent.
If the Power of Attorney is not submitted by the deadline, the patent will be published without the representative being listed. You need only submit a copy of the Power of Attorney.
Validation fee
You have to pay a validation fee. You can pay the validation fee directly via Altinn.
Alternatively we can send you an invoice.
- Fee for validating patent (B1): NOK 7 150
Payment deadline is usually one (1) month from when we sent out the invoice.
Annual renewal fees
To maintain your European patent in Norway, you are required to pay renewal fees each year to NIPO. It is your responsibility to pay before the due date.
You can se how much you have to pay in our payment service.
We recommend that you set up a free electronic alert.
Re-establishment of rights
If you have missed to meet a certain deadline, you can in some cases apply to have your application or right restored.
Provisional patent protection
To obtain provisional patent protection in Norway on the basis of a European patent application, the application must be published in Norway.
In order to have the European application published in Norway, you must deliver the following to the Norwegian Industrial Property Office (NIPO):
- application for publication
- Norwegian translation of the patent claims
- information about the application number and/or publication number in the EPO
- information about the applicant's name and address
- power of attorney. If you do not supply a power of attorney, the application will be published without a power of attorney
We will announce in the Norwegian patent gazette that the patent claims have been submitted in Norwegian, and we will make the translation available in our register.
The provisional protection only applies as long as there is agreement between the Norwegian translation and the text in the language that was the language of processing in the EPO.
You can submit a correction of the translation. NIPO must then announce that we have received a correction to the translation for the correction to apply.
It is free to apply to have a European patent application published in Norway.
No Norwegian national ID number?
We offer a secure electronic solution for those of our customers without a national ID number. File applications and communicate with us electronically.
Notification of changes of owner and representative in Norway and EPO
Changes in Norway: Changes in ownership that are not registered in the EPO can be reported to the NIPO.
Changes via EPO: If you notify the EPO of changes, the update is automatically sent to Norway. You do not need to send a confirmation document from the EPO or original documents about transfer or name and address changes to the NIPO.
Revalidation of an EP patent after opposition and patent limitation at the EPO (B2/B3)
To maintain your patent in amended form after the decision of an opposition or an administrative restriction at the EPO, you must submit a new translation no later than three months after the EPO has announced the notification of the patent in amended form.
The same document requirements apply when you need to maintain a validated patent as when you validate the patent for the first time.
- The fee for revalidation (B2/B3) is NOK 7 150
The revalidation fee will be invoiced.
Corrections
In order to validate a corrected version (B9) of an EP patent or publish a corrected translation of the NO / EP patent, you must submit a new translation.Document requirements are the same as for the initial validation.
A correction fee will be charged.
Patent appeal options
Anyone who believes that a patent has been granted on an incorrect basis can submit a written opposition to the patent to NIPO.
Anyone can submit a request for administrative review.
To request an administrative review, you must submit a written explanation to NIPO.
It is possible for you as a holder of a European validated patent to request administrative patent limitation. The claim must be sent to NIPO.
Supplementary protection certificate (SPC)
For pharmaceuticals and plant protection products you can in some cases apply for an extension of the protection period for up to five years, by applying for a Supplementary protection certificate (SPC).