WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects 
of Intellectual Property Rights IPIN/IINOR/PIl/Rev.l 
14 September 1998 
(98-3454) 
Original: English/ 
Anglais/ 
Ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
NORWAY 
Revision 
The present document reproducesl the new consolidated version of the Patents Act, amended 
by Act No. 82 of 22 December 1995 and Act No. 104 of 20 December 1996, as notified by Norway 
under Article 63.2 of the Agreement (see document IPINIlINORl2). 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES A 
LA PROPRIET1!: INTELLECTUELLE NOTIFIEES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
NORVEGE 
Revision 
Le present document contient le nouveau textel mis a jour de la Loi sur les brevets, modifiee 
par la Loi nO 82 du 22 decembre 1995 et par la Loi nO 104 du 20 decembre 1996, et notifiee par la 
Norvege au titre de l'artic1e 63:2 de l'Accord (voir le document IPINIlINORl2). 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
PRINCIP ALES LEYES Y REGLAMENTOS DEDICADOS A LA PROPIEDAD 
INTELECTUAL NOTIFICADOS EN VIRTUD DEL P ARRAFO 2 DEL 
ARTicULO 63 DEL ACUERDO 
NORUEGA 
Revision 
En el presente documento se reproducel la nueva version refundida de la Ley de Patentes, 
modificada por la Ley N° 82 de 22 de diciembre de 1995 y la Ley N° 104 de 20 de diciembre de 1996, 
notificada por Noruega en virtud de 10 dispuesto en el parrafo 2 del articulo 63 del Acuerdo (vease el 
documento IPINIlINORl2). 
1 In English only/En anglais seulementlEn ingles solamente. IP/N/1/NOR/P/l/Rev.l 
Page 2 
NORWEGIAN PATENT OFFICE 
Patents Act 
Act No. 90/ December 15} 1967, as amended by Acts No. 35 0/ June 8} 1979} 
No. 2 o/February 8} 1980} No. 30 o/May 24} 1985} No. 29 o/June 14} 1991} No. 
86 o/June 26} 1992} No. 113 o/November 27} 1992} No. 40 o/June 24} 1994} No. 
820/ December 22} 1995} and No. 104 0/ December 20} 1996. 
Bl. 218-1000-10.97- Sats/repro: Grafutura as -Trykk: SEM Grafisk A/S 2 Table of Contents IPIN/lINOR/P/IlRev.l 
Page 3 
Sections 
Chapter Sections 
1 
2 
3 
4 
5 
6 
7 
8 
9 
9a 
10 
11 General Provisions ............................................................................... .. 
The Patent Application and its Processing, etc ....................... . 
International Patent Applications ................................................. .. 
The Extent and Duration of the Patent ...................................... .. 
Annual Fees .............................................................................................. . 
Licence, Transfer, etc ......................................................................... .. 
Termination of the Patent, etc ....................................................... .. 
Obligation to Disclose Information about Patents ................ . 
Provisions with respect to Legal Protection, etc .................. .. 
Prolonged Term of Protection for Medicinal Products ...... . 
Provisions with respect to Legal Proceedings ....................... .. 
Miscellaneous Provisions .................................................................. . 1-6 
7-27 
28-38 
39-40 
41-42 
43-50 
51-55 
56 
57-62 
62a 
63-66 
67-77 
The Table of Contents is not a part of the Act. It has been included in the 
offprint for the purposes of information. IP/N/1/NOR/P/l/Rev.l 
Page 4 
Chapter 1 
General Provisions 
Section 1 
Any person who has made an invention which is susceptible of industrial 
application, or his successor in title, shall, in accordance with this Act, have 
the right on application to be granted a patent for the invention and thereby 
obtain the exclusive right to exploit the invention commercially. 
Subject matters not regarded as inventions include anything which merely 
consists of: 
1. discoveries, scientific theories and mathematical methods; 
2. aesthetic creations; 
3. schemes, rules or methods for performing mental acts, playing games or 
doing business, or programs for computers; 
4. presentations of information. 
Nor shall methods for surgical or therapeutic treatment or diagnostic met­
hods, practised on humans or animals, be considered as inventions. This 
provision shall not prevent the grant of patents for products, including sub­
stances and compositions of substances, for use in such methods. 
Patents shall not be granted for: 
1. inventions the use of which would be contrary to morality or public 
order; 
2. plant or animal varieties or essentially biological processes for the 
production of plants or animals. Patents may, however, be granted for 
microbiological processes and the products thereof. 
Section 2 
Patents shall be granted only for inventions which are new in relation to 
what was known before the filing date of the patent application, and which 
also differ essentially therefrom. 
Everything made available to the public, either in writing, in lectures, by 
exploitation or otherwise, shall be considered as known. The contents of a 
patent application filed in this country before the said date shall also be consi­
dered as known if the application is made available to the public in accordance 
with the provisions of section 22. The requirement in the first paragraph that 
the invention shall differ essentially from what was known shall not apply in 
relation to the contents of such an application. 
Applications referred to in Chapter 3 shall have the same effect as applicati­
ons filed in this country in the cases indicated in sections 29 and 38. 
The requirement in the first paragraph that the invention must be new 
shall not prevent the grant of a patent for known substances or known compo-
3 4 JPINI1INORIPI1/Rev.l 
Page 5 
sitions for use in the methods referred to in section 1, third paragraph, provi­
ded that the use of the substance or the composition is not known in relation 
to any of those methods. 
A patent may be granted despite the fact that the invention has been made 
available to the public within six months prior to the filing of the application: 
1. through evident abuse in relation to the applicant or his predecessor in 
title; or 
2. through display of the invention by the applicant or his predecessor in title 
at an official or officially recognised international exhibition falling within 
the terms of the Convention on International Exhibitions, done at Paris on 
November 22,1928. 
Section 3 
The exclusive right conferred by a patent shall, with the exceptions refer­
red to in the third paragraph, imply that no one but the patent holder may, 
without his consent, exploit the invention by: 
1. producing, offering for sale, putting on the market or using a product 
protected by the patent, or by importing or possessing the product for 
such purposes, 
2. using or offering to use a process protected by the patent or, whilst 
knowing, or it being obvious from the circumstances, that the use of the 
process is prohibited without the consent of the patent holder, offering the 
process for use in this country; 
3. offering for sale, putting on the market or using a product made by a 
process protected by the patent, or importing or possessing the product 
for such purposes. 
The exclusive right shall also imply that no one but the patent holder may, 
without his consent, exploit the invention by offering or supplying any person 
who is not entitled to exploit the invention in this country with the means for 
carrying out the invention, provided that the means relate to an essential ele­
ment of the invention and the person supplying or offering the means knows, 
or it is obvious from the circumstances, that the means are suitable and inten­
ded for such exploitation. If the means are staple commodities, this provision 
shall only apply where the person offering or supplying the means attempts 
to induce the recipient to commit acts infringing the exclusive right provided 
for in the first paragraph. In relation to the provisions of this paragraph, per­
sons exploiting the invention as referred to in the third paragraph, items 1, 3 
or 4, shall not be considered entitled to exploit the invention. 
The exclusive right shall not include: 
1. Exploitation outside the course of professional activity. 
2. Exploitation of products protected by the patent which have been put on 
the market in the European Economic Area by the patent holder or with 
his consent. 
3. Exploitation by experiment relating to the subject matter of the invention. IPINIIINOR/PIl/Rev.l 
Page 6 
4. Preparation in a pharmacy of a medicine in accordance with a prescription 
in individual cases, or acts carried out with a medicine so prepared. 
Section 4 
Anyone who, at the time when the patent application was filed, was exploi­
ting the invention commercially in this country, may, notwithstanding the 
patent, continue the exploitation, whilst retaining its general character, provi­
ded that the exploitation does not constitute an evident abuse in relation to 
the applicant or his predecessor in title. Such right of exploitation shall also, 
on similar conditions, be enjoyed by anyone who had made substantial prepa­
rations for commercial exploitation of the invention in this country. 
The right provided for in the first paragraph may only be transferred to 
others in conjunction with the enterprise in which it has arisen or in which the 
exploitation was intended. 
Section 5 
An invention may, notwithstanding a patent, be utilised on a foreign vehi­
cle, vessel or aircraft in connection with the use of such means of transportati­
on during their temporary or accidental stay in this country. 
Where a foreign country grants similar rights in respect of Norwegian air­
craft, the King may provide that, notwithstanding a patent, spare parts and 
accessories for aircraft may be imported into and used in this country for the 
repair of aircraft belonging to that country. 
Section 6 
A patent application for an invention which has been disclosed not earlier 
than 12 months before the filing date in an application for a patent in this 
country or for a patent, an inventor's certificate or utility model protection in a 
foreign country party to the Paris Convention for the Protection of Industrial 
Property of March 20, 1883, shall, for the purposes of section 2, first, second 
and fourth paragraphs, and section 4, be deemed to have been filed on the 
same date as the earlier application, if the applicant so requests. The King 
may issue regulations prescribing that applications which are not filed in a 
State party to the Paris Convention may also form the basis for priority as 
mentioned in the first period. 
The King shall prescribe the particulars concerning the right to claim prio­
rity as referred to above. 
5 6 Chapter 2 
The Patent Application and Its Processing, Etc. 
Section 7 
The patent authority of this country is the Patent Office. 
Section 8 IPIN/1INOR/P/l/Rev.l 
Page 7 
An application for a patent shall be filed in writing with the Patent Office 
or, in the cases referred to in Chapter 3, with a patent authority or an interna­
tional organisation as referred to in section 28. 
The application shall contain a description of the invention, including dra­
wings where necessary, and a precise statement of the subject matter for 
which protection by the patent is sought (patent claims). The fact that the 
invention relates to a chemical compound shall not imply that a specific use 
must be disclosed in the claim. The description shall be sufficiently clear to 
enable a person skilled in the art to carry out the invention on the basis there­
of. An invention which relates to a microbiological process or to a product 
obtained by such a process shall, in the cases referred to in section 8a, only 
be considered to be disclosed in a sufficiently clear manner if the require­
ments of section 8a are also complied with. 
The application shall also contain an abstract of the description and patent 
claims. The abstract shall merely serve as technical information and may not 
be taken into account for any other purpose. 
The inventor shall be identified by name in the application. If a patent is 
applied for by someone other than the inventor, the applicant shall prove his 
right to the invention. 
The applicant shall pay the prescribed application fee. A prescribed annual 
fee shall also be paid for every fee year beginning before the application is 
finally decided upon. 
A fee year in accordance with this Act comprises one year and shall be rec­
koned the first time from the day on which the application was filed and the­
reafter from the corresponding day of the calendar year. 
Section 8a 
If, when carrying out an invention, this involves the use of a microorga­
nism which is not available to the public and cannot be described in the appli­
cation documents in such a manner as to enable a person skilled in the art to 
carry out the invention on the basis thereof, a culture of the microorganism 
shall be deposited not later than on the date of filing of the application. The 
culture shall thereafter always be deposited so that anyone who under this 
Act is entitled to be furnished with a sample of the culture, may be furnished JP fN/1fNORIP I11Rev.1 
Page 8 
with a sample in Norway. The King shall decree where deposits may be 
made. 
If a deposited culture of a microorganism ceases to be viable or a sample of 
the culture cannot be furnished for other reasons, it may be replaced by a new 
culture of the same microorganism within the prescribed time limit and on 
the other conditions laid down by the King. In that case, the new deposit shall 
be deemed to have been made on the date that the previous deposit was 
made. 
Section 9 
If the applicant so requests and pays the prescribed fee, the Patent Office 
shall, on conditions laid down by the King, allow the application to be subjec­
ted to a novelty search by an International Searching Authority as referred to 
in Article 15 (5) of the Patent Cooperation Treaty, done at Washington on June 
19,1970. 
Section 10 
A patent for two or more mutually independent inventions may not be appli­
ed for in the same application. 
Section 11 
If patent is sought for an invention disclosed in a patent application previ­
ously filed by the applicant, but not yet decided upon, the later application 
shall, at the request of the applicant and on conditions laid down by the King, 
be considered as filed on the date on which the documents disclosing the 
invention were received by the Patent Office. 
Section 12 
An applicant who is not a resident of this country shall have a representati­
ve domiciled in this country who can represent him in all matters concerning 
the application. 
Section 13 
A patent application must not be amended in such a way that protection is 
claimed for subject matter which was not disclosed in the application at the 
time it was filed. 
Section 14 
Section 15 
If the applicant has not complied with the prescribed requirements with 
respect to the application, or if the Patent Office finds other obstacles to the 
7 8 IPIN/IINORIPlllRev.l 
Page 9 
acceptance of the application, the applicant shall be notified to that effect and 
be invited to submit observations or to correct the application within a speci­
fied time limit. However, the Patent Office may make such amendments in 
the abstract as found necessary without consulting the applicant. 
If the applicant fails, within the time limit, to submit observations or to take 
steps to correct a defect which has been pointed out, the application shall be 
shelved. Information to that effect shall be given in the notification from the 
Patent Office referred to in the first paragraph. 
However, the processing of the application shall be resumed if the appli­
cant submits observations or takes steps to make corrections and pays the 
prescribed fee for resumption of the processing within four months from the 
expiration of the said time limit. 
If the annual fee referred to in sections 8,41 and 42 is not paid, the applica­
tion shall be shelved without prior notification. The processing of an applica­
tion which has been shelved for this reason cannot be resumed. 
Section 16 
If, subsequent to the receipt of the applicant's reply, the Patent Office still 
finds an obstacle to the acceptance of the application, and the applicant has 
been given an opportunity to comment on the obstacle, the application shall 
be refused, unless the Patent Office finds that further correspondence is 
required. 
Section 17 
If anyone claims before the Patent Office that he, and not the applicant, is 
entitled to the invention, the Patent Office may, if the question is found doubt­
ful, invite the party concerned to bring the matter before the courts of law wit­
hin a specified time limit, whilst drawing to his attention that if he does not 
comply with this requirement, his claim may be disregarded in the further 
processing of the case. 
If an action has been brought with respect to the question of the right to 
the invention, the processing of the patent application may be suspended 
until the courts have reached a final decision on the question. 
Section 18 
If anyone proves to the satisfaction of the Patent Office that he, and not the 
applicant, is entitled to the invention, the Patent Office shall, instead of refu­
sing the application for that reason, transfer it to him if he so requests. The 
transferee shall pay a new application fee. 
If a request has been made for transfer of a patent application, the applica­
tion shall not be shelved, refused or accepted until a final decision has been 
made with respect to the request. IPIN/1INORIP /1/Rev.1 
Page 10 
Section 19 
If the application complies with the prescribed requirements and there are 
no obstacles to the grant of a patent, the applicant shall be notified that a 
patent may be granted. 
Subsequent to the applicant having been notified that a patent may be gran­
ted, the patent claims may not be amended so as to extend the scope of the 
patent protection. 
Section 20 
The applicant shall pay the prescribed fee for grant within two months from 
being notified by the Patent Office that a patent may be granted. Failure to do 
so will result in the application being shelved. However, the processing of the 
application shall be resumed if the applicant pays the said fee as well as the 
prescribed fee for the resumption of the processing of the application within 
four months from the expiration of the time limit. 
If the applicant is the inventor and if, within two months from the mailing of 
the notification that a patent may be granted, he requests exemption from 
payment of the fee for grant, the Patent Office may grant such exemption if 
the payment of the fee shall cause considerable difficulties for the applicant. 
If the request for exemption is refused, payment of the fee within two months 
from the refusal shall be considered as payment in due time. 
Section 21 
When the fee for grant under section 20 has been paid or exemption from 
payment of such fee has been granted, the application shall be accepted provi­
ded that there are still no obstacles to the grant of a patent. A notice of the 
decision shall be published. 
When a notice of the decision to accept the application has been published, 
the patent is granted. 
Simultaneously with the grant of the patent, the Patent Office shall publish 
a patent specification. The patent specification shall include a description, 
patent claims, an abstract, and the names of the patent holder and the inven­
tor. 
When the patent is granted, a letters patent shall be issued. 
Patents granted shall be entered in the Register of Patents kept by the 
Patent Office. Anyone shall be entitled to examine the Register of Patents, to 
obtain certified extracts therefrom and to obtain copies of patent applications 
which have been made available to the public according to section 22. 
Section 22 
All documents of the application shall be made available to the public as of 
the date on which the patent was granted. 
9 IP/N/l/NOR/P/l/Rev.l 
Page 11 
When 18 months have passed from the filing date of the application or, if 
priority under section 6 has been claimed, from the date from which priority 
is claimed, the documents shall be made available to the public even if a 
patent has not yet been granted. However, if the application has been shel­
ved or refused, the documents shall not be made available to the public 
unless the applicant requests resumption of the processing of the application, 
appeals against the refusal or requests re-establishment of rights under secti­
ons 72 or 73. 
At the applicant's request, the application documents shall be made availa­
ble to the public earlier than prescribed in the first or second paragraph. 
When the documents become available to the public under the second or 
third paragraph, a notice to that effect shall be published by the Patent Office. 
If a document contains trade secrets which do not relate to an invention for 
which patent has been sought or granted, the Patent Office may, upon 
request and where there are special circumstances make it desirable, decide 
that the document shall not be made available to the public. If such request 
has been submitted, the document shall not be made available to the public 
until the request has been refused by a final decision in accordance with sec­
tion 26, fourth paragraph. 
Proposals, drafts, memoranda and other similar working documents pre­
pared by the Patent Office in connection with the processing of an application 
shall not be available to the public, unless the Patent Office so decides. 
If a culture of a microorganism has been deposited according to section 8a, 
anyone has the right to be furnished with a sample of the culture when the 
documents of the application have been made available in accordance with 
the first, second or third paragraph. This does not mean, however, that a 
sample shall be issued to anyone who in consequence of a law or regulation is 
not entitled to handle the deposited microorganism. Moreover, the provision 
of the first period does not mean that a sample shall be issued to anyone who­
se handling of the sample must be assumed to involve considerable risk due 
to the harmful properties of the organism. 
Until a patent has been granted or the application has been finally decided 
upon without a patent having been granted, the applicant may, notwithstan­
ding the provisions of the seventh paragraph, request that a sample only be 
issued to a specially appointed expert. The King shall prescribe a time limit 
for submitting such request and shall determine who may be appointed as an 
expert. 
A request for the issue of a sample shall be made in writing to the Patent 
Office and must contain a declaration to the effect that the restrictions laid 
down by the King concerning the use of the sample will be observed. If the 
sample may only be issued to a specially appointed expert, the declaration 
shall be made by the expert instead. 
10 IP/N/l/NOR/P/llRev.l 
Page 12 
Section 23 
If an application which is available to the public is shelved or refused, a 
notice of this decision shall be published when it is final. 
Section 24 
Any person may file an opposition to a granted patent. A notice of oppositi­
on shall be filed in writing, state the grounds for the opposition, and reach the 
Patent Office within nine months from the date of grant of the patent. Under 
special circumstances, the Patent Office may grant a short additional time 
limit in which to provide further documentation in support of the opposition. 
An opposition founded on the claim that the patent has been granted to 
someone other than the person entitled to the patent under section 1, may 
only be filed by the person claiming to be entitled to the patent. The oppo­
nent may request in the opposition that the patent be transferred to him. 
The Patent Office shall refuse an opposition which does not fulfil the condi­
tions referred to in the first and second paragraphs. 
The Patent Office shall notify the patent holder of oppositions and shall give 
him an opportunity to file observations on them. During the opposition pro­
cedure, section 12 shall apply correspondingly to the patent holder. 
If an opposition has been filed, this fact shall be recorded in the Register of 
Patents and a notice thereof shall be published. 
Even if the opposition is withdrawn the processing thereof may continue 
provided that special reasons exist therefor. 
Section 25 
Subsequent to an opposition the Patent Office shall revoke the patent if 
1) it has been granted despite the fact that the conditions laid down in 
sections 1 and 2 are not fulfilled; 
2) it relates to an invention which is not disclosed in a manner sufficiently 
clear as to enable a person skilled in the art to carry out the invention on 
the basis of the description; or 
3) the subject matter extends beyond the content of the application as filed. 
If the opponent claims that he is entitled to the patent and has requested 
that the patent be transferred to him, the Patent Office shall transfer the 
patent instead of revoking it, provided that it finds that, according to section 1, 
the opponent is entitled to the patent. Section 53 shall apply correspondingly. 
The Patent Office shall reject the opposition if there is no obstacle as refer­
red to in the first paragraph to the maintenance of the patent. 
If, during the opposition procedure, the patent holder has made such 
amendments that there is no obstacle to the maintenance of the patent as 
amended for reasons referred to the first paragraph, and the said amend­
ments do not represent an extension of the scope of protection of the patent 
beyond the patent as originally granted, the patent shall be maintained as 
amended. 
11 IP/N/l/NOR/PIl/Rev.l 
Page 13 
When the decision of the Patent Office regarding an opposition is final, a 
notice of the decision shall be entered in the Register of Patents and shall be 
published. If the decision entails the maintenance of the patent in an amen­
ded form, the Patent Office shall issue a new patent specification and a new 
letters patent and shall enter the new patent in the Register of Patents. 
Section 26 
If the final first instance decision with respect to an application has gone 
against the applicant, he may file an appeal against the decision with the 
second instance department of the Patent Office (the Board of Appeals). 
If final first instance decision in an opposition case has gone against the 
patent holder or the opponent, the party concerned may file an appeal against 
the decision with the Board of Appeals. 
The applicant may file an appeal against a decision refusing a request for 
resumption under Section 15, third paragraph, or section 20, first paragraph, 
or accepting a request for transfer under section 18 with the Board of 
Appeals. A decision refusing a request for transfer under section 18 may be 
appealed against by the requester. 
The requester may file an appeal against a decision refusing a request 
under section 22, fifth or ninth paragraph, with the Board of Appeals. 
Section 27 
An appeal must be received by the Patent Office within two months from 
the date on which notification of the decision was sent to the party concer­
ned. The prescribed appeal fee must be paid within the same time limit. If 
these provisions are not complied with, the appeal shall not be submitted for 
consideration. 
Even if the opponent withdraws his appeal, it may be examined if special 
circumstances make it desirable. 
A decision by the Board of Appeals refusing a patent application, revoking 
a patent, or maintaining a first instance decision to revoke a patent may not 
be brought before the courts of law later than two months from the date on 
which the applicant or patent holder was notified of the decision. Information 
with respect to the time limit for instituting proceedings shall be given in the 
notification. 
The provisions the fifth and sixth paragraphs of section 22 shall apply cor­
respondingly to documents submitted to the Board of Appeals. 
12 IPIN/IINOR/PIl/Rev.l 
Page 14 
Chapter 3 
International Patent Applications 
Section 28 
International patent application" means an application filed in accordance 
with the Patent Cooperation Treaty, done at Washington on June 19, 1970 
(the PC1). 
International patent applications shall be filed with the national patent aut­
horities or international organisations which, according to the Pcf, are aut­
horised to receive such applications (receiving Offices). The Patent Office is 
a receiving Office according to provisions laid down by the King. The appli­
cant must pay the prescribed fee for an international application which is filed 
with the Patent Office. 
The provisions of sections 29 to 38 shall apply to international patent appli­
cations designating Norway. 
Section 29 
An international patent application to which the receiving Office has accor­
ded an international filing date shall have the same effect as a patent applicati­
on filed in this country on the same date. However, the provision of section 2, 
second paragraph, second period, shall only apply if the application enters the 
national phase in accordance with section 31. 
Section 30 
An international patent application shall be considered withdrawn as far as 
Norway is concerned in cases as referred to in Article 24 (1) (i) and (ii) of the 
Pcf. 
Section 31 
If the applicant wishes an international patent application to enter the natio­
nal phase in Norway, he must, within 20 months from the international filing 
date or, if priority is claimed, from the date from which priority is claimed, file 
a translation of the international application with the Patent Office to the 
extent provided by the King, or if the application is in Norwegian, a copy the­
reof. The applicant must, within the same time limit, pay the prescribed fee to 
the Patent Office. 
If the applicant has requested that the international application be subjec­
ted to an international preliminary examination and if, within 19 months from 
the date indicated in the first paragraph, he has declared in accordance with 
the PCf that he intends to use the results of that examination in connection 
with an application for a patent in Norway, he must comply with the provisi­
ons of the first paragraph within 30 months from the said date. 
13 IPIN/1INOR/P/l/Rev.l 
Page 15 
If the applicant has paid the prescribed fee within the time limit indicated in 
the first or second paragraph, the translation or copy may be filed within an 
extended time limit of two months provided he pays a prescribed additional 
fee within the expiration of the extended time limit. 
If the applicant fails to comply with the provisions of this section, the appli­
cation shall be considered withdrawn as far as Norway is concerned. 
Section 32 
If the applicant withdraws his request for international preliminary exami­
nation or his declaration that he intends to use the results of such examinati­
on in an application for a patent in Norway, the international patent applicati­
on shall be considered withdrawn as far as Norway is concerned, unless the 
withdrawal takes place before the expiration of the time limit which applies 
under section 31, first paragraph, and provided that the applicant proceeds 
with the application within the time limit according to section 31, first para­
graph, cf. the third paragraph. 
Section 33 
If an international patent application has entered the national phase under 
section 31, the provisions of Chapter 2 shall, subject to the provisions of this 
section and sections 34 to 37, apply to the application and the processing the­
reof. However, the processing of the application may not, without the con­
sent of the applicant, be initiated until the expiration of the time limit accor­
ding to section 31, the first or second paragraph. 
The provisions of section 12 shall only apply from the date on which the 
Patent Office is allowed to start the processing of the application. 
The provisions of section 22 shall also apply prior to the entry of the appli­
cation into the national phase, provided the applicant has complied with the 
obligation under section 31 to file a translation of the application, or, if the 
application is in Norwegian, has filed a copy with the Patent Office. 
For the purposes of sections 48, 56 and 60, an international patent applica­
tion shall be considered to have been made available to the public when it has 
been made available under the third paragraph. 
If the application complies with the requirements of the PCT relating to the 
form and contents, it shall be accepted in those respects. 
Section 34 
An international patent application shall not be accepted, nor shall it be 
refused, until the expiration of the time limit prescribed by the King, unless 
the applicant consents to a decision with respect to the application prior the­
reto. 
14 IP/N/1/NOR/P/l/Rev.l 
Page 16 
Section 35 
An international patent application shall not, without the consent of the 
applicant, be accepted or published in print or in any similar manner until it 
has been published by the International Bureau of the W orId Intellectual 
Property Organization (WIPO) unless 20 months have elapsed from the inter­
national filing date. If priority is claimed according to section 6, the time limit 
of 20 months shall be computed from the date from which priority is claimed. 
Section 36 
If a part of an international patent application has not been subjected to an 
international search or an international preliminary examination on the 
ground that the application was found to relate to inventions which are mutu­
ally independent and the applicant has not paid the additional fee as prescri­
bed by the PCI' within the prescribed time limit, the Patent Office shall revi­
ew the finding to determine if it was justified. If this is found to be the case, 
the part of the application which has not been searched or examined shall be 
considered withdrawn, unless the applicant pays the prescribed fee within 
two months from the date on which the Patent Office notified him of its deci­
sion. If the Patent Office determines that the finding was not justified, it shall 
continue the processing of the application in its entirety. 
The applicant may appeal against a decision according to the first para­
graph in cases where the Patent Office has found that the patent application 
relates to independent inventions. The provisions of section 27 regarding the 
time limit for appeal and regarding the opportunity for instituting legal proce­
edings shall apply correspondingly. 
If the Board of Appeals upholds the first instance decision, the time limit for 
payment of such fee as referred to in the first paragraph, second period, shall 
be computed from the date on which the Patent Office sent the applicant a 
notification of the Board of Appeals decision. 
Section 37 
If a part of an international patent application has not been subjected to an 
international preliminary examination on the ground that the applicant has 
restricted the patent claims at the invitation of the authority concerned, the 
part of the application which has not been examined shall be considered with­
drawn unless the applicant pays the prescribed fee to the Patent Office within 
two months from the invitation by the Patent Office to pay with reference to 
the restriction of the examination which has been carried out. 
Section 38 
If the receiving Office has refused to accord an international filing date to 
an international patent application or has declared that the application shall be 
considered withdrawn or that the designation of Norway shall be considered 
withdrawn, the Patent Office shall, at the request of the applicant, review the 
15 IPINIlINORIPIl/Rev.l 
Page 17 
decision for the purpose of determining whether it was justified. The same 
shall apply where the International Bureau has declared that the application 
shall be considered withdrawn. 
A request for review under the first paragraph shall be submitted to the 
International Bureau within the time limit prescribed by the King. The appli­
cant must, within the same time limit, submit to the Patent Office a translati­
on of the application to the extent provided by the King, and pay the prescri­
bed application fee. 
If the Patent Office finds that the decision of the receiving Office or of the 
International Bureau was not justified, the Patent Office shall continue the 
processing of the application according to Chapter 2. If the receiving Office 
has not accorded an international filing date, the application shall be deemed 
to have been filed on the date which the Patent Office finds should have been 
accorded as the international filing date. If the application satisfies the requi­
rements of the PCf as to form and contents, it shall be accepted in those 
respects. 
The provisions of section 2, second paragraph, second period, shall apply 
to an application which is processed according to the third paragraph, provi­
ded that the application is made available to the public according to section 
22. 
Chapter 4 
The Extent and Duration of the Patent 
Section 39 
The extent of the protection conferred by a patent shall be determined by 
the patent claims. The description may serve as a guide to the understanding 
of the patent claims. 
Section 39a 
A patent holder may request that the patent claims or the description shall 
be amended in order to limit the scope of the patent protection (patent limita­
tion). 
A request for patent limitation shall be filed in writing with the Patent 
Office. The request may not be filed before the time limit for filing opposition 
has expired and not before oppositions, if any, have been finally decided 
upon. If an action has been brought before the courts of law for transfer of 
the patent, or if a distraint has been put thereon, a request for patent limitati­
on may not be filed until final decision has been taken with respect to the acti­
on or the distraint no longer applies. 
The patent holder shall pay the prescribed fee for the limitation procedure. 
16 IPINIIINOR/PlllRev.l 
Page 18 
Section 39b 
If the request complies with the prescribed requirements, the Patent Office 
shall consider whether the patent as amended will comply with the require­
ments of sections 1 and 2, and whether it will apply to an invention which is 
described sufficiently clearly as to enable a person skilled in the art to carry 
out the invention on the basis of the description. 
If the Patent Office finds that there are no obstacles to granting the 
request, the patent shall be limited accordingly. The limitation shall take 
effect from the date on which notice thereof is published. 
Section 39c 
If the patent holder has not complied with the requirements prescribed for 
the request, or if the Patent Office finds that there are other obstacles to the 
acceptance thereof, the patent holder shall be notified to that effect and be 
invited to submit observations or to correct the request within a specified 
time limit. 
If the patent holder fails, within the time limit, to submit observations or to 
take steps to correct a defect which has been pointed out, the request shall be 
rejected. Information to that effect shall be given in the notification from the 
Patent Office referred to in the first paragraph. 
If the Patent Office, subsequent to the receipt of the reply from the patent 
holder, finds any obstacle to granting the request and the patent holder has 
been given the opportunity to comment on the obstacle, the request shall be 
refused, unless the Patent Office finds that further correspondence is requi­
red. 
Section 39d 
If the final decision with respect to the request in the first instance depart­
ment of the Patent Office does not imply that the patent shall be limited in 
accordance with the request, the patent holder may file an appeal with the 
Board of Appeals. 
The appeal must be received by the Patent Office within one month from 
the date on which notification of the decision was sent to the patent holder. 
Within the same time limit the prescribed appeal fee must be paid. If these 
requirements are not complied with, the appeal shall not be submitted for 
consideration. 
The patent holder may bring the decision with respect to an appeal before 
the courts of law, but not later than one month from the date on which he was 
notified of the decision. Information of the time limit for instituting legal pro­
ceedings shall be given in the notification. 
Section 3ge 
If a patent is limited in accordance with the provisions of this Chapter, a 
17 IP/N/1/NOR/P/l/Rev.l 
Page 19 
notice to that effect shall be published. The Patent Office shall then issue a 
new patent specification and a new letters patent, and the patent as limited 
shall be entered in the Register of Patents. 
Section 40 
A granted patent may be maintained for up to 20 years from the date of 
filing of the patent application. 
In order to maintain a patent, an annual fee must be paid for every fee year 
beginning after the grant of the patent. If the patent has been granted before 
the annual fee has started to fall due under section 41, the patent holder, 
when the annual fee falls due for the first time, shall pay annual fees also for 
fee years beginning before the grant of the patent. 
Chapter 5 
Annual Fees 
Section 41 
The annual fee falls due on the last day of the calendar month in which the 
fee year starts. However, the annual fees for the first two fee years shall not 
fall due until the annual fee for the third fee year falls due. The annual fee 
may not be paid earlier than six months before the due date. If the courts of 
law set aside a decision by the Board of Appeals to refuse a patent application, 
annual fees for fee years beginning after the second instance decision and up 
to the date on which the decision of the court became legally binding, shall 
nevertheless not fall due prior to the elapse of two months from the latter 
date. 
For a later application as referred to in section 11, the annual fees for fee 
years beginning before the date on which the later application was filed or 
beginning within a period of two months from that date, shall in no case fall 
due prior to the elapse of two months from that date. For an international 
patent application, annual fees for fee years beginning before the date on 
which the application was proceeded with under section 31 or processed in 
accordance with section 38 or beginning within two months from that date, 
shall in no case fall due prior to the elapse of two months from that date. 
Upon payment of an additional fee, the annual fee may be paid within six 
months after the due date. 
Section 42 
If the inventor is the applicant or the patent holder and the Patent Office 
finds that the payment of the annual fee involves considerable difficulties for 
him, the Patent Office may grant an extension of the time limit, provided he 
requests this not later than the date on which the annual fee falls due for the 
first time. An extension may be granted for up to three years at the time, but 
18 IPIN/1INOR/P/l/Rev.l 
Page 20 
shall not exceed three years from the grant of the patent. A request for a pro­
longed extension must be made prior to the expiration of the extension period 
granted. 
If the request for extension or prolonged extension is refused, payment of 
the fee within two months from the date on which notification of the refusal 
was sent to the applicant or the patent holder shall be considered as payment 
in due time. 
Annual fees for which an extension of the time limit for payment has been 
granted, may upon payment of the additional fee referred to in section 41, 
third paragraph, be paid within six months after the expiration of the extensi­
on period. 
Chapter 6 
license, Transfer, Etc. 
Section 43 
If the patent holder has granted someone else the right to exploit the inven­
tion commercially (licence), the licensee may not transfer his right to others, 
unless an agreement to the contrary has been made or shall be deemed to 
have been made. 
Section 44 
A transfer of a patent to someone else or the grant of a licence shall be 
recorded in the Register of Patents at the request of one of the parties. 
Where a licence which has been recorded in the Register has terminated, 
this fact shall also be recorded at the request of one of the parties. 
The provisions of the first and second paragraphs shall apply correspon­
dingly to a transfer and a termination of a compulsory licence, as well as to a 
right under section 53, third paragraph. Registration of distraints is regulated 
by the Enforcement Act, section 7-20, eighth paragraph. 
Legal proceedings concerning a patent may always be brought against the 
party recorded in the Register as the owner, and notifications from the Patent 
Office may be sent to him. 
In the case ofa conflict between a voluntary transfer of a patent or a grant of 
a licence, the recording of which has been requested, and a transfer or grant 
of a licence, the recording of which has not been requested or has been 
requested subsequently, the former shall prevail, provided that the holder of 
the title was in good faith at the time of the submission of the request. 
Section 45 
Where three years have elapsed from the grant of the patent and four years 
from the filing of the patent application without the invention being worked in 
19 IPIN/IINOR/PIl/Rev.l 
Page 21 
this country to a reasonable extent, anyone who wishes to work the invention 
in this country may obtain a compulsory licence for that purpose, provided 
there is no legitimate reason for the failure to work the invention. 
The King may, on condition of reciprocity, provide that, for the purpose of 
applying the first paragraph, working in a foreign country be considered 
equivalent to working in this country. 
Section 46 
The holder of a patent for an invention, the use of which is dependent on a 
patent owned by someone else, may obtain a compulsory licence to use the 
invention protected by the latter patent provided that the fonner invention 
involves an important technical advance of considerable economic significan­
ce in relation to the latter invention. 
The holder of the patent for the invention to which the compulsory licence 
applies shall be entitled to obtain a compulsory licence on reasonable terms 
to use the other invention. 
Section 47 
Whenever required by important public interests, anyone wishing to 
exploit commercially an invention for which someone else holds a patent may 
obtain a compulsory licence to do so. 
Section 48 
Anyone who, at the time a patent application was made available to the 
public, was commercially exploiting the invention for which a patent is appli­
ed for in this country, may, if the application results in a patent, obtain a com­
pulsory licence for the exploitation of the invention, provided that special cir­
cumstances make it desirable, and that he had no knowledge of the applicati­
on and could not reasonably have obtained such knowledge. Such right shall 
also, on similar conditions, be enjoyed by anyone who has made substantial 
preparations for commercial exploitation of the invention in this country. The 
compulsory licence may also comprise the time preceding the grant of the 
patent. 
. Section 49 
A compulsory license may only be granted to someone who has made 
efforts to obtain a licence on reasonable terms by agreement, and may be pre­
sumed able to exploit the invention in a manner which is acceptable and 
which is in compliance with the terms of the licence. 
A compulsory licence shall not prevent the patent holder from exploiting 
the invention himself or from granting licenses. 
A compulsory licence shall only be assignable in conjunction with the 
enterprise where it is exploited or in which the exploitation was intended. 
20 IPIN/IINOR/P/l/Rev.l 
Page 22 
Furthermore, a compulsory licence obtained according to the first paragraph 
of section 46 may only be assigned in conjunction with the dependent patent. 
In the case of semi-conductor technology, compulsory licences shall only 
be granted for public non-commercial use or to remedy practice determined 
after judicial or administrative process to be anti-competitive. 
Section 50 
A compulsory licence shall be granted by the court, which shall also deter­
mine to what extent the invention may be exploited and stipulate the compen­
sation and the other terms of the licence. 
If circumstances should change considerably, the court may, at the request 
of either party, cancel the licence or stipulate new terms. 
In a decision granting or extending a compulsory licence, the court may 
find that the owner of the compulsory licence shall have the right to exploit 
the invention in accordance with the decision during the period prior to the 
decision becoming legally binding. The Civil Procedure Act, section 148, 
second paragraph, shall apply correspondingly. If the compulsory licence is 
cancelled because the decision is opposed before becoming legally binding, 
the owner of the compulsory licence shall be obliged to pay compensation for 
the loss caused by the exploitation, to an extent considered reasonable. The 
third period shall apply correspondingly if restrictions are imposed on the 
compulsory licence. In a decision under the first period, the court may 
instruct the licensee to furnish security for liability under the third and fourth 
periods. If a decision granting or extending a compulsory license is opposed 
before becoming legally binding, the court to which the decision is brought, 
may make or reverse a decision under the first and fifth periods. The decision 
is made by a ruling or by the final decision in the matter, cf. the second peri­
od. A ruling under the seventh period may only be opposed in connection 
with an appeal of the final decision in the matter. 
Chapter 7 
Termination of the Patent, Etc. 
Section 51 
If an annual fee has not been paid in accordance with sections 40, 41, and 
42, the patent shall lapse as from the start of the fee year in respect of which 
the fee has not been paid. 
21 Section 52 
A patent may be invalidated by a court decision if: IPIN/IINOR/P/l/Rev.l 
Page 23 
1) it has been granted in spite of the fact that the requirements under 
sections 1 and 2 are notcomplied with; 
2) it relates to an invention the description of which is not sufficiently clear 
to enable a person skilled in the art to carry out the invention on the 
basis thereof; 
3) it contains subject matter which was not disclosed in the application as 
filed; 
4) the scope of protection of the patent has been extended after grant; or 
5) after a request for patent limitation, the patent has been amended in 
such a way that the scope of protection has been extended. 
A patent shall not be invalidated in its entirety on the ground that the patent 
holder is only partially entitled to the patent. 
Subject to the provisions of the fourth paragraph, legal proceedings accor­
ding to this provision may be brought by anyone. 
Legal proceedings on the ground that the patent has been granted to 
someone other than the party entitled thereto under section 1 may only be 
brought by the party claiming to be entitled to the patent. Such proceedings 
must be brought within one year from the date on which when the entitled 
party obtained knowledge of the grant of the patent and of the other facts on 
which the proceedings are based. If the patent holder was in good faith when 
the patent was granted or when the patent was acquired, the proceedings 
must under no circumstances be brought later than three years from the 
grant of the patent. 
Re-establishment of rights may not be granted following the failure to meet 
the time limits prescribed in the fourth paragraph. 
Section 53 
If a patent has been granted to someone other than the party entitled the­
reto under section 1, the court shall, if the entitled party so claims, transfer 
the patent to him. 
The time limits under section 52, the third and fourth paragraphs, for 
bringing proceedings before the court shall apply correspondingly to a proce­
eding under this provision. 
The party who is deprived of the patent shall, if he has started to exploit 
the invention commercially in this country in good faith or if he has made 
substantial preparations for such exploitation, be entitled, against reasonable 
compensation and on reasonable conditions in other respects, to continue the 
exploitation or to start the prepared exploitation whilst retaining its general 
character. Such right shall also, on the same conditions, be enjoyed by hol­
ders of recorded licences. The right may only be transferred to others in con­
nection with the enterprise in which the exploitation takes place or was inten­
ded to take place. 
22 IP /N/l/NORIP /l/Rev.l 
Page 24 
Section 54 
If the patent holder renounces the patent in a written notice to the Patent 
Office, the Patent Office shall declare the patent revoked. 
If legal proceedings for the transfer of a patent have been brought or if the 
patent has been distrained, the patent shall not be declared revoked until the 
proceedings are finally settled or the distraint has been revoked. 
Section 55 
When a patent has lapsed or has been invalidated, transferred or declared 
revoked, the Patent Office shall publish a notice to that effect. 
Chapter 8 
Obligation to Give Information About Patents 
Section 56 
An applicant for a patent who invokes his application against another party 
before it has been made available to the public shall, upon request, be obliged 
to give that party access to the documents of the application. If the application 
involves the deposit of a culture of the microorganism as referred to in section 
Ba, the other party shall have the right to be furnished with a sample of the 
culture. The provisions of section 22, seventh paragraph, second and third 
periods, and the eight and ninth paragraphs shall apply correspondingly. 
Anyone who, either by direct communication with someone else or by 
advertisement or by marking goods or the packaging thereof or in any other 
manner indicates that a patent has been applied for or is granted, without 
giving, at the same time, information concerning the number of the applicati­
on or of the patent, shall be obliged to give such information without undue 
delay to anyone so requesting. If it is not explicitly indicated that a patent has 
been applied for or granted, but where the indication is liable to create the 
impression that such is the case, information shall be given, upon request and 
without undue delay, as to whether a patent has been applied for or granted. 
Chapter 9 
Provisions Concerning Legal Protection, Etc. 
Section 57 
Anyone who intentionally infringes the exclusive right conferred by a 
patent (patent infringement), or who is an accessory thereto, shall be penali­
sed by fine or imprisonment for a term not exceeding three months. 
Public prosecution shall only take place at the request of the plaintiff. 
23 Secti.on 58 IPIN/IINOR/PIl/Rev.l 
Page 25 
Anyone who intentionally or by negligence has committed a patent infring­
ement shall be liable to pay compensation for the exploitation of the inventi­
on, as well as compensation for the further damage caused by the infringe­
ment. The compensation may be reduced where the infringer is guilty of 
minor blame only. 
If the infringer has acted with care and in good faith, the court may, to the 
extent found reasonable, order the infringer to pay compensation for the 
damage caused by the exploitation. 
Section 59 
In the event of patent infringement, the court may, in order to prevent fur­
ther infringement, when so claimed and insofar as it is found reasonable, 
decide that a product protected by a patent which has been produced without 
the consent of the patent holder, or an object the use of which would involve 
a patent infringement, be altered in a specified manner, destroyed, confisca­
ted or, where the case relates to an object protected by a patent, be surrende­
red to the aggrieved against compensation. 
The provisions of the first paragraph shall not apply to a party who has 
acquired the product in good faith and who has not committed patent infring­
ement himself. 
Notwithstanding the provisions of the first paragraph, the court may, upon 
request and under special circumstances, permit, against compensation and 
on appropriate conditions in other respects, disposal of the objects protected 
by the patent for the rest of the term of the patent or during a part of that peri­
od. 
Secti.on 60 
Where anyone, after the date on which the application documents have 
been made available to the public according to section 22, without permission 
exploits commercially an invention for which a patent has been applied, the 
provisions concerning patent infringement shall apply mutatis mutandis to 
the extent that the application results in a patent for the invention. However, 
in the period prior to the grant of the patent, the patent protection shall only 
extend to the subject matter disclosed both in the patent claims as worded 
when the application was made available to the public and in the patent 
claims of the patent as finally granted. No penalty may be imposed for exploi­
tation of the invention prior to the grant of the patent Compensation for 
damages resulting from exploitation before the grant of the patent may only 
be imposed in accordance with section 58, second paragraph. 
The statutory limit for claims according to this provision shall not start to 
run until the patent has been granted. 
24 IPIN/IINOR/P/l/Rev.l 
Page 26 
Section 61 
In civil actions concerning patent infringements, an acquittal shall not be 
based on the patent being invalid or the conditions for transfer being fulfilled 
(cf. sections 52 and 53) without a judgement stating the invalidity or the trans­
fer of the patent. An acquittal may, however, be based on the patent having 
been revoked or transferred according to section 25. 
Notwithstanding the first paragraph, an acquittal may be based on the 
patent being invalid before being limited by patent limitation, provided that 
the acquittal is not based on the patent as limited also being invalid. 
Section 62 
Anyone who intentionally or by negligence fails to give information or to 
give others access to the documents as provided for in section 56 or, in the 
cases referred to in section 56, gives incorrect information shall be penalised 
by a fine and shall be obliged to compensate the damage caused to the extent 
found reasonable. 
Public prosecution shall only take place at the request of the aggrieved par­
ty. 
Chapter 9a 
Prolonged Term of Protection for Medicinal Products 
Section 62a 
Annex XVII, item 6, to the Agreement establishing the European Economic 
Area [Council Regulation (EEC) No 1768/92 concerning the creation of a sup­
plementary protection certificate for medicinal products with adaptations to 
the EEA Agreement] including the amendments and additions provided in 
Protocol 1 of the Agreement and elsewhere in the Agreement shall apply as 
statutory provisions. 
Applications for a supplementary protection certificate shall be filed with 
the Patent Office. The applicant shall pay the prescribed fee. 
In the case of protection certificates, the prescribed fees shall be paid for 
every fee year starting after the end of the patent term. In other respects the 
same rules apply to these annual fees as to the annual fees for patents. 
Further provisions concerning applications for protection certificates and 
the processing and examination thereof, concerning the registration of pro­
tection certificates, concerning appeals against decisions and concerning the 
obligation of the applicant or the holder to have a representative in this coun­
try, etc. shall be laid down by the King. 
The penal provisions of sections 57 and 62 shall apply correspondingly to 
protection certificates. 
25 Chapter 10 
Provisions on Legal Proceedings 
Section 63 IP/N/1/NORIP/1/Rev.l 
Page 27 
The following actions shall be brought before the Oslo City Court (Oslo 
byrett): 
1. actions concerning the right to an invention for which a patent has been 
applied; 
2. actions concerning a decision in which the Board of Appeals of the 
Patent Office has refused an application for a patent, has revoked a patent 
or confirmed a first instance decision to revoke a patent, cf. the third 
paragraph of section 27; 
3. actions concerning requests for patent limitation, cf. the third paragraph 
of section 39d; 
4. actions concerning invalidation or transfer of a patent, cf. sections 52 and 
53; and 
5. actions concerning compulsory licenses, cf. section 50. 
Oslo City Court shall be competent to hear actions by patent applicants 
and patent holders who are not residents of this country. 
Section 64 
Anyone who brings an action concerning the validity of a patent, concer­
ning the transfer of a patent to himself or concerning a compulsory licence 
shall simultaneously notify the Patent Office and, by registered letter, any 
licensee recorded in the Register of Patents whose address has been indica­
ted in the Register to that effect. A licensee wishing to bring an action con­
cerning infringement of the patent shall notify the patent holder correspon­
dingly if his address has been indicated in the Register. 
If the plaintiff cannot prove that he has given such notifications as referred 
to in the first paragraph, the court may stipulate a time limit for sending the 
notifications. If the said time limit has not been complied with, the case shall 
be dismissed. 
Section 65 
In cases concerning patent rights, the court may decide that, for the sake 
of industrial or trade secrets of a party or a witness, the public shall be exclu­
ded from the proceedings or a part thereof. 
Section 66 
In the cases referred to in section 63 the court shall send copies of its jud­
gements to the Patent Office. 
26 IPINIIINOR/P/IlRev.l 
Page 28 
Chapter 11 
Miscellaneous Provisions. 
Section 67 
A patent holder who is not a resident of this country shall have a represen­
tative domiciled in this country who is recorded in the Patent Register to 
receive, on his behalf, service of process and other procedural notifications 
concerning the patent. 
If the patent holder has no such representative, service may be effected by 
sending the document by registered letter to the address which is indicated in 
the Register of Patents. Section 178 of the Courts of Justice Act shall apply in 
such case. If a complete address is not recorded in the Register, service of 
process, and in other cases where the court finds it necessary, may be made 
by publishing the document concerned or an extract thereof in the 
Norwegian Gazette (Norsk Lysingsblad) and in the publication issued by the 
Patent Office with an indication that the document may be obtained at the 
court office. Section 181, fourth paragraph, of the Courts of Justice Act shall 
apply in such case, and the date of issue of the publication of the Patent Office 
shall replace the date of notice at the location of the court. 
The King may, on condition of reciprocity, provide that the provisions of 
the first and second paragraphs shall not apply to patent holders who are resi­
dents of the foreign country concerned or who have a representative residing 
in that country and recorded in the Register of Patents who is empowered in 
the manner prescribed in the first paragraph. The service of process or notifi­
cation shall in that case be effected according to the general provisions of 
Chapter 9 of the Courts of Justice Act. 
Section 68 
The King shall stipulate the fees provided for in this Act and the further 
conditions for payment of the fees. He may provide that one or more of the 
earlier fee years shall be exempted from fees. On alteration of the annual 
fees, he may, within the limitations referred to in section 76, item 8, provide 
that the new fees shall also apply to patents previously granted. 
The King shall also stipulate the fees for recordals in the Register of 
Patents and for copies and certificates issued by the Patent Office. 
Section 69 
The King may lay down further provisions concerning patent applications 
and oppositions and the processing thereof, requests for patent limitation and 
the processing thereof, the Register of Patents, the publication issued by the 
Patent Office, and the implementation of this Act in other respects. The jour­
nals of the Patent Office concerning filed patent applications shall be available 
27 to the public to the extent provided by the King. IPIN/lINOR/P/l/Rev.l 
Page 29 
The King may provide that the Patent Office, at the request of the official 
authorities of another country, should supply information concerning the pro­
cessing of patent applications filed in this country, and that novelty searches 
of patent applications may be carried out by a similar authority in another 
country or by an international institution. 
The King may further provide that an applicant who has filed a correspon­
ding patent application in another country, within a certain time limit from 
the filing of the application in this country, be obliged to submit information 
that has been communicated to him by the patent authority of that country as 
to the result of the examination of the patentability of the invention. However, 
a decree concerning such obligation to submit information shall not include 
patent applications referred to in Chapter 3 which have been subjected to 
international preliminary examination and where a report on the result there­
of has been submitted to the Patent Office. 
Section 70 
The King may, when found necessary because of war or danger of war 
and situations of crisis connected therewith, provide that the right to an 
invention shall be assigned to the Government or to another party designa­
ted by the King. Compensation shall be paid for the assigned right wich shall 
be stipulated by official assessment, if no amicable settlement is reached. 
If the right to an invention has been assigned to a party other than the 
Government in accordance with the first paragraph, and if the party concer­
ned has not met his liabilities, the Government shall, at the request of the par­
ty entitled to compensation, be obliged to pay the compensation promptly. 
Section 71 
Inventions of importance to the defence of the realm shall be governed by 
a separate Act . 
Section 72 
With the exception of cases referred to in the second paragraph, the appli­
cant for a patent who has failed to comply with a time limit prescribed in or 
pursuant to this Act and who thereby has suffered loss of rights shall, upon 
request, have his rights re-established if he can prove that he or his represen­
tative has taken all due care which may reasonably be required. Such 
request must be submitted in writing to the Patent Office within two months 
from the removal of the cause of non-compliance with the time limit and not 
later than one year from the expiration of the time limit Within the same 
time limit the omitted act must be completed and the prescribed fee paid. 
The provisions if the first paragraph shall apply correspondingly to a patent 
holder who has not paid the annual fee within the time limit prescribed in sec­
tion 41, the third paragraph, or section 42, third paragraph. However, in such 
28 IP 1N111NOR/P I11Rev.1 
Page 30 
case the request for re-establishment of rights must be submitted and the 
annual fee paid not later than six months from the expiration of the time limit. 
The first paragraph shall not apply to the time limits prescribed in section 6, 
first paragraph and section 27, third paragraph. 
The first paragraph, cf. the third paragraph, shall apply correspondingly to 
international patent applications proceeded with in Norway in the case of fai­
lure to comply with the time limits of the receiving Office, an International 
Searching Authority, an International Preliminary Examination Authority or 
the International Bureau. The omitted act shall be completed vis :j: vis the 
Patent Office. 
Section 73 
If the applicant in the cases referred to in section 31 or 38 has sent a docu­
ment or a fee by post and the Patent Office does not receive the mail in due 
time, the rights shall always be re-established if the act is completed within 
two months from the time when the applicant realised or ought to have reali­
sed that the time limit had not been complied with and not later than one year 
form the expiration of the time limit, and: 
1. the postal service has been interrupted in the ten days preceding the 
expiration of term because of war, revolution, civil disorder, strike, natural 
disaster or other like reason in the locality where the sender is staying or 
has his place of business, and the document or fee has been sent to the 
Patent Office within five days from the resumption of the postal service; or 
2. the document or fee was sent by registered mail to the Patent Office not 
later than five days prior to the expiration of the time limit. If the letter was 
not sent by airmail, this provision shall only apply if the sender has had 
reason to believe that the mail would arrive within two days from the date 
of mailing, or if airmail was not available. 
Where the applicant wishes re-establishment of his rights according to the 
first paragraph, he must, within the time limit prescribed in that paragraph, 
file a request to that effect in writing with the Patent Office. 
Section 74 
Where a patent application which has been made available to the public in 
accordance with section 22 has been shelved or refused or if a patent has lap­
sed and the rights of the applicant are re-established according to the provisi­
ons of sections 72 or 73, the Patent Office shall publish a notice to that effect. 
Where anyone, after final refusal of the application, expiration of the time 
limit for the resumption of the shelved application or after the lapse of the 
patent, but before the publication in accordance with the first paragraph has 
been made, has started to exploit the invention commercially in this country 
in good faith, he may, notwithstanding the patent, continue the exploitation 
whilst retaining its general character. Such right of exploitation shall also, on 
29 IPIN/IINOR/P/l/Rev.l 
Page 31 
similar conditions, be enjoyed by anyone who has made substantial preparati­
ons to exploit the invention commercially in this country. 
The right referred to in the second paragraph may only be transferred to 
others in conjunction with the enterprise in which it has originated or in 
which the exploitation was intended. 
Section 75 
The Head of the Patent Office shall designate the person who will make 
decisions on requests for re-establishment of rights according to sections 72 
and 73. The applicant or the patent holder may appeal against refusal of such 
requests to the Board of Appeals of the Patent Office. Section 27 shall apply 
correspondingly concerning the time limit for appeal etc., and for the oppor­
tunity to bring decisions of the Board of Appeals before the courts of law. 
Section 76 
Entry into Force and Transitional Provisions: 
1. This Act shall enter into force on January 1, 1968. Subject to items 2 to 8 
below, the Patents Act of July 2, 1910, with later amendments shall be 
repealed simultaneously. However, as regards inventions concerning 
foodstuffs and medicines, a patent shall not be granted for the actual 
product, but only for the process for its production, until the King 
provides otherwise. 
2 to 8: (Without practical significance. Omitted from the offprint.) 
Amendments of other Acts. 
Act No. 30 of May 24, 1985 
I 
Il 
III Section 77 
Entry into Force and Transitional Provisions: 
1. The Act shall enter into force as from the date decreed by the King. The 
various provisions may be put into force as from different dates.26 
2. Section 52, first paragraph, subparagraph 2, of the previous Act shall 
apply to patents granted before the amendments to section 52 enter into 
force. 
3. The amendments of the provisions relating to annual fees shall not apply 
to applications which have been filed before the amendments enter into 
force. In the case of patents which have been or are granted on the basis 
of such applications, the earlier provisions shall apply. However, section 
41, first paragraph, first period, as amended by this Act, shall apply 
correspondingly. 
4. With respect to patent applications filed before the amendments to section 
30 IP/N/l/NOR/P/llRev.l 
Page 32 
14 enter into force, a request under that section may be put forward 
within a period of two years from the amendment coming into effect. 
Act No. 29 of June 14, 1991 
I 
11 
Entry into Force and Transitional Provisions: 
The Act shall enter into force as from the date decreed by the King.27 
The amendments shall relate to cases which are brought before the courts 
after the date of entry into force. Section 146 of the Courts of Justice Act shall 
apply mutatis mutandis. 
Act No. 82 of December 22, 1995 
IV 
IX 
Entry into Force and Transitional Provisions: 
1. Part VII Consent to Accession to the Madrid Protocol 1989 shall enter into 
force immediately. Otherwise the Act enters into force as from the date 
decreed by the King. The various provisions may be put into force as from 
different dates.28 
2 ..... .. 
3 ..... .. 
4. In addition, the King may issue further transitional provisions.29 
Act No. 104 of December 20, 1996 
VI 
Entry into Force and Transitional Provisions: 
1. The Act shall enter into force as from the date decreed by the King. The 
various provisions may be put into force as from different dates.30 
2. The King may issue further transitional provisions.31 
1. Amended by Act No. 35 of June 8,1979. 
2. Amended by Acts No. 35 oflune 8, 1979 and No. 113 of November 27, 
1992. 
3. Amended by Acts No. 35 of June 8,1979 and No. 82 of December 22, 
1995. 
4. Amended by Acts No. 35 of June 8, 1979 and No. 30 of May 24, 1985. 
5. Added by Act No. 30 of May 24, 1985. 
6. Amended by Act No. 104 of December 20,1996. 
7. Repealed by Act No. 104 of December 20, 1996. 
8. Amended by Acts No. 35 of June 8,1979, No. 82 of December 22,1995 and 
No. 104 of December 20, 1996. 
9. Amended by Acts No. 35 oflune 8,1979 and No. 82 of December 22,1995. 
10. Amended by Acts No. 35 ofJune 8,1979, No. 30 of May 24,1985 and No. 
82 of December 22, 1995. 
31 11. Amended by Act No. 82 of December 22, 1995. '/N/l/NORIPlllRev.l 
Page 33 
12. Amended by Acts No. 30 of May 24, 1985 and No. 82 of December 22, 
1995. 
13. Replaces earlier chapter on Nordic Patent Applications. 
14. Amended by Act No. 30 of May 24, 1985. 
15. Amended by Acts No. 30 of May 24,1985 and No. 82 of December 22, 
1995. 
16. Added by Act No 82 of December 22, 1995. 
17. Amended by Acts No. 2 of February 8,1980 and No. 86 ofJune 26,1992. 
18. Amended by Act No. 29 ofJune 14, 1991. 
19. Added by Act No. 40 ofJune 24, 1994. 
20. Amended by Acts No. 29 ofJune 14, 1991 and No. 82 of December 22, 
1995. 
21. Added by Act No. 35 ofJune 8,1979. 
22. Added by Act No. 35 ofJune 8, 1979. Amended by Acts No. 30 of May 
24, 1985 and No. 82 of December 22, 1995. 
23. Added by Act No. 35 ofJune 8,1979 (previous section 72). 
24. Prescribed by Royal Decree of October 13, 1989 that with effect from 
January 1, 1992 patent for foodstuffs and medicines may be granted for 
the actual product insofar as applications filed after January 1, 1992 are 
concerned. 
25. Added by Act No. 35 of June 8, 1979 (previous section 73). 
26. Prescribed by Royal Decree ofJune 7,1985 that the following 
amendments enter into force on July 1, 1985: the amendments in section 
31, except new second paragraph, section 33, first and third paragraph, 
sections 34,38,69, 72, new fourth paragraph, 73 and 75. 
27. Prescribed by Royal Decree of June 14, 1991 that the Act shall be put into 
effect from January 1, 1992. 
28. Prescribed by Royal Decree of December 22, 1995 that the amendment 
in section 6 shall be put into effect from January 1, 1996 and by Royal 
Decree of December 20, 1996 that the remaining amendments shall be 
put into effect from January 1, 1997. 
29. Prescribed by Royal Decree of December 20, 1996: Patent applications 
which according to a decision made prior to January 1, 1997 should be 
laid open to public inspection, shall be processed to completion 
according to the procedural rules applicable until January 1,1997. 
30. Prescribed by Royal Decree of December 20, 1996 that the Act shall 
enter into force on January 1,1997. 
31. Prescribed by Royal Decree of December 20, 1996: In the case of patent 
applications filed prior to January 1, 1997, a change of effective filing date 
may be requested according to the rules applicable unti1]anuary 1, 1997. 
32