Patents
Why apply for patent protection?
Developing a new product often requires large investments. A patent can give you the exclusive right to exploit your invention commercially.
A patent can:
increase your competitive advantage
help you achieve greater market shares
help prevent conflicts
be used as evidence in a conflict
enable you to sell or license the invention
make your business more attractive to business partners and investors
Before applying
If you plan to apply for a patent on an invention, it is especially important to conduct a thorough search in international patent databases and other sources. You cannot obtain a patent for something that already is known to exist, no matter where in the world it is found. An invention may, for example, have been described in a previous patent application or mentioned on a website. To obtain a patent, the invention must be new. In addition, the invention must differ substantially from what is already known.
The Norwegian Industrial Property Office - searching databases
Before applying for a patent, you should check whether others already hold rights to the same or similar technology. You can search the patent register in the Norwegian Industrial Property Office's database as well as international patent databases yourself.
The Norwegian Industrial Property Office also offers paid services, such as novelty searches. Experienced technologists will search databases on your behalf and provide strategic insights tailored to your needs.
What can be patented?
You can patent:
Procedures or methods
Technical products
Applications
The invention must be new, involve a certain level of invention, and be capable of being reproduced.
What is the duration of a patent?
A patent can normally be held valid for up to 20 years, starting from the date on which you submit your application. The patent must be renewed every year by paying an annual fee.
How to apply for a patent?
You apply for a patent by submitting the application to the Norwegian Industrial Property Office via Altinn.
You have to pay a fee to have the application processed. See the Norwegian Industrial Property Office website for processing fees.
The application process can be complex. If you have no previous experience with submitting such applications, you should consider getting professional help from a patent agency, for example.
International patent registration
A patent will only be valid in the country in which it has been registered, and a Norwegian patent is therefore valid only in Norway. If you require protection in other countries, a patent application must be filed in each of those jurisdictions. However, there are also schemes for applying for patents in several countries simultaneously.
Validation of a European Patent in Norway
If you have been granted a European patent by the European Patent Office (EPO), you must validate the patent in Norway for it to be valid here. The application must be submitted to the Norwegian Industrial Property Office no later than three months after the EPO has published notice that the patent has been granted.
Appealing against other parties' patents
It is possible to raise a complaint against other parties' patent or patent application. You can obtain more information about this from the Norwegian Industrial Property Office.
Mortgaging of patents
It is possible to mortgage patents, patent applications and patent licenses in Norway.
IPR Insurance (Legal Expenses Insurance)
An IPR insurance can help reduce the costs of legal counsel, litigation, or damages if you need to defend or enforce your intellectual property rights. This type of insurance is obtained through an insurance company.
Employee inventions
Employees generally have the same rights to their inventions as other inventors. However, subject to certain conditions, the Act on employee inventions gives the employer the right to take over an invention. This only applies to patentable inventions. This does not mean that you have to apply for a patent, but the conditions for being granted a patent must be met.
The employer's right to take over an invention is determined on the basis of the employee's duties within the business, and what agreement the employee has entered into with the employer. If an employer wishes to take over an invention, the employee may be entitled to compensation.
The Norwegian Industrial Property Office offers various courses on how to protect your assets through patent, trademark- and design rights. Most of the courses are free, and many of them are streamed online. You can also watch videos and recordings of previous courses and webinars – completely free of charge.