WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects 
of Intellectual Property Rights IPIN/IINOR/P/S 
15 September 1998 
(98-3476) 
Original: English/ 
Anglais/ 
Ingh!s 
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
NORWAY 
The present document reproduces! the Patent Regulations (Royal Decree of 
20 December 1996), as notified by Norway under Article 63.2 of the Agreement (see document 
IP/N/1/NORl2). 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES A 
LA PROPRIETE INTELLECTUELLE NOTIFIEES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
NORVEGE 
Le present document contient le texte! du Reglement sur les brevets (Decret royal du 
20 decembre 1996), notifie par la Norvege au titre de l'article 63:2 de l'Accord (voir le document 
IP/N/1/NORl2). 
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 PARRAFO 2 
DEL ARTicULO 63 DEL ACUERDO 
NORUEGA 
En el presente documento se reproduce! el Reglamento sobre Patentes (Real Decreto de 20 de 
diciembre de 1996), notificado por Noruega en virtud de 10 dispuesto en el parrafo 2 del articulo 63 
del Acuerdo (vease el documento IP/N/1/NORl2). 
1 In English only/En anglais seulementlEn ingles solamente. IPIN/IINOR/P/5 
Page 2 
NORWEGIAN PATENT OFFICE 
Patent Regulations 
Royal Decree of December 20, 1996 issued in accordance with 
Act No. 9 of December 15, 1967 concerning Patents, 
sections 5, 6, 8a, 9, 11,28,31,34,38, 62a, 68 and 69 
Bl. 219-1000-10.97- Sats/repro: Grafutura as· Trykk: SEM Grafisk A/S 2 Table of Contents 
Chapter 
1. Filing of National Patents Applications, etc. 
2. Priority 
3. Patents Claims, Description and Abstract 
4. Amendment of Patent Applications 
5. Division of Patent Applications 
6. Separation from Patent Applications 
7. Availability of the Application to the Public 
8. Processing of the Application 
9. Opposition Procedure 
10. Administrative Limitation of Patents 
11. Filing of International Patent Applications, etc. 
12. Entry of International Patents Applications into 
the National Phase, etc. 
13. Spare Parts and Accessories for Aircraft 
14. Supplementary Protection Certificates 
for Medicinal Products 
15. Miscellaneous Provisions IPINIIINOR/P/5 
Page 3 
Sections 
1-9 
10 -14 
15 -22 
23 -25 
26-30 
31-35 
36-40 
41-46 
47 -51 
52 -54 
55 -62 
63 -73 
74 
75 -89 
90-92 
The Table of Contents is not a part of the Regulations. It has been included 
in the offprint for the purposes of information. IPIN/IINOR/P/5 
Page 4 
Chapter 1 
Filing of National Patent Applications etc. 
Section 1 
Patent applications shall be filed in writing with the Patent Office 
(patentstyret), cf. the Patents Act, section 8, the first period of the first para­
graph. 
Section 2 
The application shall include: 
1) a separate request for a patent; 
2) a description of the invention, including any drawings necessary for the 
understanding thereof; 
3) a precise statement of the subject matter for which patent protection is 
sought (patent claims), cf. the Patents Act, section 8, the second 
paragraph; and 
4) an abstract of the description and the patent claims, cf. the Patents Act, 
section 8, the third paragraph. 
The request shall be signed by the applicant or his representative, and shall 
contain the name of the inventor, the applicant and also the representative, if 
any. 
Where patent is sought by someone other than the inventor, the applicati­
on shall also contain documentation of the applicant's right to the invention. 
Section 3 
If, when filing the application, the applicant only refers to an earlier applica­
tion concerning the same invention filed with a patent authority abroad and 
gives the filing date and number of the foreign application, a certified copy of 
that application later submitted to the Patent Office shall be deemed to have 
been received on the date on which the application was filed in this country. 
Section 4 
The description, the patent claims and the abstract shall be drawn up in the 
Norwegian language. Other documents may be drawn up in Norwegian, 
Danish or Swedish. 
Descriptions, patents claims and abstracts which have not been filed in 
Norwegian shall be accompanied by a translation into Norwegian. Other 
application documents not filed in Norwegian, Danish or Swedish shall be 
accompanied by a translation into one of these languages. 
In a specific case the Patent Office may refrain from requiring a translation 
or may accept a translation into a language other than those mentioned in the 
second paragraph. Certification of the translation by a government-authori-
3 4 IP/N/l/NOR/P/5 
Page 5 
sed translator or in another manner acceptable to the Patent Office may be 
required. 
The Patent Office may initiate the substantive examination of an application 
before a translation according to the foregoing provisions has been filed. 
Section 5 
Within three months from the date on which the application was filed or 
shall be deemed to have been filed, the applicant may file with the Patent 
Office a written request asking that a novelty search as referred to in the 
Patents Act, section 9, be carried out. Where the applicant wishes the novel­
ty search to be carried out by one of several possible international searching 
authorities, that authority shall be named in the request. If the patent appli­
cation is not drawn up in a language accepted by the searching authority, the 
request shall be accompanied by a translation of the application into an accep­
ted language. 
The request shall be considered withdrawn if, at the expiration of the time 
limit stipulated in the first period of the first paragraph, the patent application 
and the prescribed translation do not satisfy the formal requirements which 
apply to international applications. 
Section 6 
The Patent Office shall accord an application number to each application 
filed with it. 
Section 7 
The Patent Office shall keep a journal of all applications filed with it. The 
journal shall be available to the public. 
Section 8 
Each week the Patent Office shall publish a list of patent applications filed 
with it. The Patent Office shall issue further provisions with respect to the 
contents of the list. ' 
Section 9 
The Patent Office shall issue further provisions with respect to 
1) the application and its contents; 
2) the obligation of a person acting as representative to enclose with the 
application confirmation of his representation of the applicant; 
3) the other appendices which are to accompany the application, and the 
contents thereof; and 
4) the conditions for initiating a substantive examination of the application 
before a translation into Norwegian has been filed. IPIN/IINOR/P/5 
Page 6 
Chapter 2 
Priority 
Section 10 
Priority as referred to in the Patents Act, section 6, first paragraph, first 
period, may be granted on the basis of an application which has been filed in a 
State party to the Paris Convention for the Protection of Industrial Property or 
to the Agreement establishing the World Trade Organization (WfO). Such 
priority may also be granted on the basis of an application which has not been 
filed in a State as referred to in the first paragraph provided that in the territo­
ry where the application has been filed equivalent priority rights are granted 
on the basis of Norwegian patent applications, and provided that the legislati­
on of that territory is in essence in conformity with the Paris Convention. 
Section 11 
A priority claim as referred to in the Patents Act, section 6, shall be inclu­
ded in the application when filed or shall be submitted in writing to the Patent 
Office no later three months after the filing of the application in this country. 
The claim shall contain information with respect to: 
1) the authority with which the first application for protection of the 
invention was filed; 
2) the filing date of the application; and 
3) the application number of the application, if known; 
If the application number referred to in item 3 above is not known when the 
request for priority is filed, the applicant shall inform the Patent Office of the 
number as soon as he becomes cognisant thereof. 
Section 12 
Within 16 months from the date from which priority is claimed, the appli­
cant shall submit to the Patent Office a certificate issued by the authority 
which received the original application indicating the filing date of the origi­
nal application and the name of the applicant. In addition, a copy of the appli­
cation, certified by the same authority, shall be submitted within the same 
time limit and in .the form prescribed by the Patent Office. 
The Patent Office may issue regulations providing for exemption from the 
obligation to submit documentation as referred to in the first paragraph. 
Section 13 
An application may only form the basis for priority pursuant to the Patents 
Act, section 6, if it is the first application to disclose the invention. 
However, a later application relating to the same invention may form the 
basis for priority provided that 
1) it has been filed with the same authority as the earlier application; 
5 6 IP/N/1/NOR/P/5 
Page 7 
2) it has been filed by the same person as the earlier application, or by his 
successor in title; 
3) on the filing date of the later application, the earlier application had been 
withdrawn, shelved or refused without having been made available to 
the public; and 
4) the earlier application does not form the basis for any existing right and 
has not served as the basis for any priority claim. 
If priority has been enjoyed on the basis of any such later application, the 
earlier application may no longer serve as a basis for a priority claim. 
Section 14 
A priority claim may also relate to a part of an application, and priority may 
be claimed on the basis of different applications, even if they concern diffe­
rent countries. 
Chapter 3 
Patent Claims, Description and Abstract 
Section 15 
A patent claim shall contain: 
1) the title of the invention; 
2) a statement describing the art in relation to which the invention 
constitutes something novel (the prior art), if such a disclosure is 
necessary; 
3) a statement indicating the new and characteristic features of the 
invention. 
If possible, the invention shall pertain to one of the following categories: 
product, apparatus, process or use. 
A patent claim shall not contain anything that is irrelevant to the invention 
disclosed therein or irrelevant to the exclusive right claimed . .. 
Section 16 
A patent application may contain several patent claims. If several claims 
are contained in'one application, they shall be arranged and numbered conse­
cutively. 
A patent claim may be independent or dependent. A dependent patent 
claim is a claim which relates to embodiments of an invention disclosed in 
another patent claim in the application, and which therefore comprises all the 
characteristics of that claim. Other patent claims are independent. 
One or more dependent claims may be attached to a patent claim. A 
dependent claim may be attached to several preceding claims and shall open IPINIlINOR/P/5 
Page 8 
with a reference to such preceding claim or claims and then disclose the addi­
tional characteristic features of the invention. 
Section 17 
A patent application which comprises a plurality of inventions shall only be 
deemed to comply with section 10 of the Patents Act if there is a technical 
interrelationship between the inventions. Such technical interrelationship bet­
ween inventions exists when one or more identical or similar special technical 
features are common to the inventions. The term "special technical feature" 
means those technical features which define the contribution each invention 
makes over and above the prior art. 
The determination of whether a plurality of inventions are dependent upon 
one another shall be made without regard to whether they are disclosed in 
separate claims or as alternatives in one patent claim. 
Section 18 
The description of the invention should not contain subject matter which 
does not contribute to the understanding thereof. If newly coined terms or 
terms not generally accepted have to be used, an explanation of those terms 
shall be given. 
If the patent application includes a deposited culture of a microorganism as 
referred to in section 8a of the Patents Act, the application as filed shall con­
tain all relevant information available to the applicant with respect to the cha­
racteristic features of the organism. 
Section 19 
Deposits as referred to in section 8a of the Patents Act shall be made with 
an institution which is an international depositary authority under the Treaty 
on the International Recognition of the Deposit of Microorganisms for the 
Purposes of Patent Procedure, done at Budapest on April 28, 1977 (the 
Budapest Treaty). 
The deposit shall be made in accordance with the Budapest Treaty. 
The Patent Office shall keep a list of those institutions which are internatio­
nal depositary authorities under the Budapest Treaty. 
Section 20 
Where a culture of a microorganism has been deposited, the applicant shall 
inform the Patent Office in writing as to the institution in which the deposit 
has been made, and number the institution has accorded the culture. This 
information shall be provided within 16 months from the filing date of the 
application, or, if priority has been claimed, from the date on which priority is 
claimed. 
If the applicant requests the documents of the application to be made publi-
7 8 IPINIIINOR/PIS 
Page 9 
cly available earlier than provided for in section 22, first and second para­
graphs, of the Patents Act, the information referred to in the first paragraph 
of this section shall be submitted at the same time as the request, at the 
latest. 
Where a sample of a deposited culture has been transferred from one 
international depositary authority to another under Rule 5.1 of the 
Regulations under the Budapest Treaty, the applicant shall inform the Patent 
Office thereof and of the number accorded the culture by the institution. 
As proof that the information referred to in this section is correct, the 
Patent Office may require a copy of the receipt issued by the depositary insti­
tution. 
Section 21 
A new deposit as referred to in the Patents Act, section Sa, second para­
graph, shall be made in the manner prescribed in the Budapest Treaty. 
A new deposit shall be made within three months from the date on which 
the depositor received notification from the international depositary authority 
that samples of the deposited culture can no longer be furnished. Where the 
institution has ceased to be an international depositary authority for the type 
of microorganisms to which the deposit related or has ceased to fulfil its obli­
gations under the Budapest Treaty, and the depositor has not received notifi­
cation to that effect within six months from the date on which the 
International Bureau published an announcement thereof, the new deposit 
may be made within nine months from the publication date of the said 
announcement. 
The depositor shall, within four months from the date on which the new 
deposit was made, submit to the Patent Office a copy of the receipt issued by 
the institution. However, where the time limit referred to in section 20, first, 
cf. second paragraph, expires later, the receipt may be submitted within that 
time limit. The number of the patent application or the patent to which the 
deposited culture belongs shall be submitted together with the receipt. 
Section 22 
The abstract in a national patent application shall refer to the description 
and the patent claims as they are in the basic documents, cf. section 23. The 
Patent Office shall issue further provisions with respect to the drafting of the 
abstract.Wherever possible, the final wording of the abstract shall be deter­
mined prior to the application becoming available to the public according to 
section 22, second paragraph, of the Patents Act. IP/N/l/NOR/P/5 
Page 10 
Chapter 4 
Amendment of Patent Applications 
Section 23 
For the purpose of these Regulations, the basic documents of an applicati~ 
on shall be the description of the invention, including the accompanying dra~ 
wings and patent claims drawn up in the Norwegian language, available on 
the filing date of the application. If the description, including the accompany~ 
ing drawings and patent claims, drawn up in Norwegian were not available on 
the date the application was filed or deemed to have been filed, the first des~ 
cription with accompanying patent claims subsequently submitted in the 
Norwegian language shall be deemed to be the basic document insofar as the 
contents thereof emerge clearly from the documents available when the app1i~ 
cation was filed. 
Section 24 
A patent claim must not be amended so as to contain subject matter not dis~ 
closed in the basic documents, cf. section 23. If a patent claim is amended, 
the applicant shall at the same time indicate where in the basic documents the 
basis for the amendment is found. 
To amend a patent claim, the applicant shall submit new copies of all the 
claims maintained, arranged consecutively. The Patent Office may in a speci~ 
fic case refrain from requiring such new copies, or accept that only new copi~ 
es of the amended claims be submitted. 
After the Patent Office has issued a statement with respect to the novelty 
search carried out, patent claims disclosing an invention that is independent 
from the inventions disclosed in the claims previously filed may not be inclu~ 
ded in the same application. 
Section 25 
The applicant may only make amendments or additions to the description 
and accompanying drawings as are necessary by virtue of section 8 of the 
Patents Act. Such amendments or additions may not result in the patent 
claims comprising subject matter not disclosed in the basic documents. 
9 Chapter 5 
Division of Applications 
Section 26 IPIN/1INOR/P/S 
Page 11 
The applicant may submit a written request to the Patent Office asking that 
the application be divided into two or more new applications provided that the 
basic documents describe more than one invention. The request shall indica­
te the number of the original application (the parent application), and shall 
state which invention or inventions are to be the subject of each new applica­
tion. In the request the applicant shall also state which application is to be 
regarded as a continuation of the parent application. 
The request shall be accompanied by a new application fee for each new 
application not regarded as a continuation of the parent application. 
The applicant shall file new application documents, cf. section 2, for each 
new application. 
Section 27 
In the new applications, neither the patent claims nor the description with 
accompanying drawings may be drawn up so as to contain subject matter not 
disclosed in the basic documents of the parent application, cf. section 23. 
If, on the date of the request, the applicant has already been notified that 
patent may be granted on the basis of the parent application, cf. section 19 of 
the Patents Act, the patent claims in tl1e new applications may not be drawn 
up so as to extend the scope of patent protection in relation to the patent pro­
tection which might have been obtained if patent had been granted on the 
basis of the parent application. 
Section 28 
The request for division shall be refused if the conditions set forth in secti­
ons 26 and 26 are not fulfilled. 
Section 29 
If the Patent Office finds no obstacle to granting the applicant's request for 
division, the request shall be granted. 
The application regarded as a continuation of the parent application, cf. 
section 26, shall retain the application number thereof. A new application 
number shall be allocated to each new application not regarded as a continua­
tion of the parent application. 
The new applications shall retain the priority of the parent application. 
Section 30 
The Patent Office shall issue further provisions with respect to the extent 
to which the applicant shall submit copies of documents previously submitted 
as a part of or appendix to the parent application. 
10 IPIN/1INOR/P/5 
Page 12 
Chapter 6 
Separation from Patent Applications 
Section 31 
If an invention not disclosed in the basic documents of a patent application, 
cf. section 23, has been disclosed in that application through an amendment 
to the description or patent claims or in any other manner, the applicant may 
submit a written request asking that a new application relating to this inventi­
on be separated from the original application (the parent application). In the 
request, the applicant shall state the number of the parent application. 
The request shall be accompanied by a new application fee for the new 
application. 
Section 32 
In the new application, patent must not be sought for subject matter not dis­
closed in the parent application immediately after the first document in the 
application disclosing the invention was filed with the Patent Office. 
If, on the date of the request, the applicant has already been notified that 
patent may be granted on the basis of the parent application, cf. section 19 of 
the Patents Act, the patent claims in the new applications may not be drawn 
up so as to extend the scope of patent protection in relation to the patent pro­
tection which might have been obtained if patent for the invention disclosed 
later had been granted on the basis of the parent application. 
Section 33 
The request for separation shall be refused if the conditions in section 31 
and 32 are not fulfilled. 
Section 34 
If the Patent Office finds no obstacle to granting the applicant's request for 
separation, separation shall be granted. 
The new application shall be deemed to have been filed on the date on 
which the first document disclosing the invention was filed with the Patent 
Office. The application shall be allocated a new application number. 
Section 35 
The Patent Office may issue further provisions with respect to the extent to 
which the applicant shall submit documents previously submitted as a part of 
or appendix to the parent application. 
11 Chapter 7 
Availability of the Application to the Public 
Section 36 IPIN/IINOR/P/5 
Page 13 
Where a patent application has been made available to the public pursuant 
to section 22 of the Patents Act, prior to the grant of patent, the abstract shall 
be printed as soon as its final wording has been determined. The Patent 
Office may also print other parts of the application together with the abstract. 
Subject to payment of the prescribed fee, anyone may obtain printed copies at 
the Patent Office. 
Section 37 
A request pursuant to section 22, ninth paragraph, of the Patents Act for 
the issue of a sample of a deposited culture shall be drawn up as prescribed in 
Rule 11 of the Regulations under the Budapest Treaty. 
Where the request is for a sample of a deposited culture belonging to a 
patent application on which no final decision has been made, the requester 
shall undertake, vis :j: vis the applicant, not to use the sample for anything 
other than experimental purposes before a final decision has been made with 
respect to the application and not to make the sample available to others until 
a final decision has been made with respect to the application or, if patent is 
granted, before the patent has expired. 
Where the request is for a sample of a deposited culture belonging to a 
patent, the requester shall undertake, vis :j: vis the patent holder, not to make 
the sample available to others before the patent has expired. 
The requester shall undertake to fulfil the same obligations as those refer­
red to in the second and third paragraphs in respect of cultures derived from 
the sample, and which have retained the characteristics of the deposited cul­
ture which are essential for the performance of the invention. 
The request for the issue of a sample shall contain a declaration to the 
effect that the requester is bound by the obligations referred to in this secti­
on. 
Section 38 
A request pursuant to section 22, eighth paragraph, of the Patents Act that 
samples of a deposited culture shall only be issued to a specially appointed 
expert, must be submitted to the Patent Office no later than the day before 
the application becomes publicly available pursuant to section 22 of the 
Patents Act. 
The Patent Office shall keep a list of persons whom it deems suitable to be 
nominated as experts. 
If the sample may only be issued to a specially appointed expert, it shall be 
stated in the request for the issue of the sample who is to be called upon as 
the expert. The request shall contain a written declaration from the expert to 
12 IP/NIl/NOR/P/5 
Page 14 
the effect that, vis t vis the applicant, he or she is bound by obligations cor­
responding to those in section 37, second, cf. fourth paragraph. 
A person who is included in the list kept by the Patent Office or who has 
been accepted by the patent applicant in a particular case may be called upon 
as an expert 
Section 39 
Notwithstanding the obligations in section 37 and 38, a derived culture may, 
if so desired, be deposited for the purposes of a new patent application. 
Section 40 
If a request for the issue of a sample of a deposited culture has been sub­
mitted and the conditions for the issue are met, the Patent Office shall provide 
a declaration to that effect. The Patent Office shall send the request and the 
declaration to the institution where the culture has been deposited. At the 
same time the Patent Office shall send a copy of the request and the declarati­
on to the patent applicant or patent holder. 
Where the Patent Office finds that it cannot provide a declaration as refer­
red to in the first paragraph, the requester shall be notified accordingly. 
Chapter 8 
Processing of the Application 
Section 41 
When examining whether the conditions for the grant of patent laid down 
in section 2 of the Patents Act have been fulfilled, the Patent Office shall take 
into consideration everything that comes to its attention. 
The novelty search shall be carried out on the basis of: 
1) patent specifications, patent applications laid open to public inspection, 
published patent applications from Norway, Denmark, Finland, France, 
Germany, Great Britain, Sweden, Switzerland, the USA and the European 
Patent Office, or excerpts thereof; 
2) published international patent applications or excerpts thereof; and 
3) applications for patent in Norway that are available to the public or 
excerpts thereof. 
The search may also comprise other available material. 
To the extent that a novelty search as referred to in the first period of the 
second paragraph cannot be carried out or would otherwise involve particular 
difficulties, the Patent Office may in a particular case omit to carry out such a 
search. 
The Patent Office may issue further provisions with respect to the novelty 
search. 
13 Section 42 IPINIIINORIP/5 
Page 15 
The Patent Office may procure opinions from experts not in its service if 
necessary for the processing of the application. 
Section 43 
When deemed necessary for the evaluation of the patentability of an inven­
tion, the Patent Office may direct the applicant to submit a model, sample or 
the like, or to arrange for investigations or experiments to be carried out. 
Section 44 
Where patent is sought for an invention for which the same applicant has 
filed a patent application abroad, the applicant shall, at the request of the 
Patent Office, be obliged to report what the patent authority concerned has 
communicated to him regarding the examination of the novelty of the inventi­
on and its patentability in other respects. 
At the request of the Patent Office and within a time limit flxed by the 
Patent Office, the applicant is obliged to submit: 
1) a certified copy of the search and/or examination reports issued by the 
patent authority concerned; or 
2) a declaration to the effect that the applicant has not yet received any such 
report from the patent authority concerned. 
The Patent Office may issue further provisions stipulating that copies or 
declarations as referred to in the second paragraph shall be accompanied by 
a certified translation. 
Section 45 
If the decision is made to accept an application before it has become publi­
cly available pursuant to section 22, second and third paragraphs, of the 
Patents Act, the Patent Office may at the request of the applicant defer the 
grant of patent until the application has become available to the public accor­
ding to the said provisions. The Patent Office may not under other circum­
stances defer the grant of patent after the decision to accept the application 
has been made. 
Section 46 
The Patent Office shall provide for the printing of a patent specification as 
referred to in section 21 of the Patents Act as soon as possible once the fee 
for grant according to section 20 of the Patents Act has been paid or exempti­
on from payment of such a fee has been granted. 
The Patent Office may issue further provisions with respect to the form of 
a patent specification. 
14 IP/N/1/NOR/PIS 
Page 16 
Chapter 9 
Opposition Procedure 
Section 47 
A notice of opposition according to section 24 of the Patents Act shall be 
filed in writing in triplicate and shall contain: 
1) the name and address of the opponent, and also that of his 
representative, if any; 
2) the number of the patent to which opposition is filed; and 
3) an indication of the scope of the opposition and the grounds on which 
the opposition is based, including an indication of the facts and evidence, 
e.g., publications, presented in support of these grounds. 
Under special circumstances as referred to in the third period of the first 
paragraph of section 24 of the Patents Act, the Patent Office may grant the 
opponent an additional time limit of up to one month in which to file further 
documentation in support of the opposition. Such additional time limit may 
only be granted if the opponent has so requested within the nine month term 
referred to in section 24, first paragraph, second period, of the Patents Act. 
Section 48 
The Patent Office may issue further provisions with respect to the obligati­
on of anyone acting as representative to enclose with the notice of opposition 
confirmation of his representation of the opponent. 
Section 49 
The Patent Office shall dismiss the opposition if the conditions laid down in 
or according to section 47, first paragraph, and section 48 are not fulfilled. 
Section 50 
Unless the Patent Office finds it obvious that the opposition is to be rejec­
ted according to the section 24, third paragraph, of the Patents Act, the Patent 
Office shall send two copies of the notice of opposition with accompanying 
appendices to the patent holder inviting him to file a response within a stipula­
ted time limit. 
If the patent holder files a response, the Patent Office shall decide whether 
further correspondence between the parties concerned is necessary. 
The response and any subsequent observations shall be submitted in tripli­
cate. 
Section 51 
Under circumstances as referred to in section 24, sixth paragraph, of the 
Patents Act, the processing of the application may only continue if the Patent 
Office notifies the patent holder accordingly within two months after having 
received notice of the withdrawal of the opposition. 
15 Chapter 10 
Administrative Limitation of Patents 
Section 52 IPINIlINOR/P/5 
Page 17 
A request for administrative patent limitation according to section 39a of 
the Patents Act shall be filed in writing and shall include: 
1) the name and address of the patent holder and that of his representative, 
if any; 
2) the number of the patent for which limitation is sought; and 
3) an indication of the limitation requested. 
If an amendment to the description is requested, the request shall also 
contain a fair copy of the version of the description which is to be included in 
the new patent specification. 
If an amendment to the claims is requested, the patent holder shall submit 
with the request new copies of all the claims maintained, drafted consecutive­
ly. 
The request shall be signed by the patent holder or his representative. 
Section 53 
The Patent Office may issue further provisions with respect to the obligati­
on of the person acting as representative to enclose with the request confir­
mation of his representation of the applicant. 
Section 54 
The Patent Office shall dismiss requests for administrative limitation of a 
patent which is submitted by someone other than the patent holder. 
Chapter 11 
Filing of International Patent Applications, etc. 
Section 55 
The Patent Office is the receiving Office for international patent applicati­
ons filed by 
1) Norwegian nationals; 
2) persons domiciled in Norway; 
3) persons operating a business activity in Norway; and 
4) Norwegian legal persons. 
Where an international application is filed jointly by several applicants, the 
Patent Office shall be the receiving Office for the application if at least one of 
the applicants fulfils the requirements of the first paragraph. 
16 IP/N/1/NOR/P/5 
Page 18 
Section 56 
In its capacity as receiving Office, the Patent Office shall receive, check and 
transmit international applications in accordance with the Patent Cooperation 
Treaty (PCI) done at Washington on June 19, 1970, and the PCTRegulations. 
However, such applications shall not be transmitted if this would contravene 
the provisions of Act No. 8 of June 26, 1953 concerning Inventions Important 
for the Defence of the Realm. 
Section 57 
International patent applications shall be filed in one copy with the Patent 
Office, and shall be drawn up in the Norwegian or the English language. The 
request may be in English even though the other application documents are 
in Norwegian. 
Moreover, the application shall fulfil the requirements stipulated in the 
PCT and the PCT Regulations. 
Section 58 
A priority claim as referred to in PCT Article 8, cf. Rule 4.10 in the PCT 
Regulations, may be submitted with the application. Such a claim shall inclu­
de information as to where and when the application from which priority is 
claimed was filed. If the said application is an international application, the 
claim shall also indicate at least one of the countries it comprises. 
Where the number of the application from which priority is claimed is not 
given in the claim, the applicant shall provide the Patent Office or the 
International Bureau with the number within 16 months from the date from 
which priority is claimed. 
Section 59 
Where priority as referred to in section 58 has been claimed, the applicant 
shall submit a priority document to the Patent Office or the International 
Bureau in accordance with PCT Rule 17.1 (a). Where the priority document 
is to be issued by the Patent Office, the applicant may, instead of submitting 
the document himself, request the Patent Office to transmit it to the 
International Bureau in accordance with PCT Rule 17.1 (b). 
Section 60 
Where a culture of a microorganism has been deposited, the applicant shall 
notify the International Bureau in writing of the institution with which the 
deposit was made, and the number this institution has accorded the culture, 
unless such information was given in the application as filed. 
The information shall be provided no later than 16 months after the filing 
date of the application or, if priority has been claimed, the date from which 
priority has been claimed. If the applicant makes a request for early publicati-
17 IP/NIl/NORIP/5 
Page 19 
on of the international application under PCI' Article 21 (2) (b), this informati­
on shall be provided at the same time as the said request was made, at the 
latest 
Section 61 
The Patent Office shall keep a separate journal of international patent 
applications filed with it The journal shall not be available to the public. 
Section 62 
An applicant who is not a resident of this country shall have a representati­
ve in this country who can represent the applicant vis t vis the Patent Office 
in all matters concerning the application. 
Chapter 12 
Entry of International Patent Applications into the National Phase, 
etc. 
Section 63 
Unless otherwise provided for in this Chapter, the provisions of these 
Regulations relating to national applications shall apply mutatis mutandis to 
international applications entering the national phase under section 31 of the 
Patents Act or taken up for processing in accordance with section 38 of the 
Patents Act. 
Section 64 
If an international application is in a language other than Norwegian, a 
translation shall be filed at the entry into the national phase under section 31 
of the Patents Act or on requesting a review under section 38. Section 4 of 
these Regulations shall apply mutatis mutandis. The Patent Office may issue 
provisions limiting the obligation to file a translation of applications, only part 
of which is entering the national phase in this country. 
Section 65 
If an international application has entered the national phase in accordance 
with section 31 of the Patents Act, and if at the expiration of the time limit for 
such entry, the Patent Office has not been notified by the International 
Bureau that it has received the application, the Patent Office shall notify the 
International Bureau accordingly. 
Section 66 
The time limit pursuant to section 34 of the Patents Act is four months 
from the expiration of the time limit under the first paragraph of section 31 of 
the Patents Act for entry into the national phase, unless the applicant has 
18 IPIN/IINOR/P/S 
Page 20 
made a declaration as referred to in section 31, second paragraph, of the 
Patents Act If the application has made such a declaration, the time limit pur­
suant to section 34 of the Patents Act shall instead be four months from the 
expiration of the time limit under the second paragraph of section 31 of the 
Patents Act for entry into the national phase. 
Section 67 
If a copy of the application serving as the basis for priority has been filed 
with the International Bureau, the Patent Office may only require a copy and a 
translation of said application in accordance with PCf Rule 17.2. 
Section 68 
If, in the case of an international application, the abstract accepted by the 
International Searching Authority has been filed, that abstract shall be accep­
ted. If this is not the case, the Patent Office may determine the wording of the 
abstract In the latter case, section 22 shall apply mutatis mutandis. 
Section 69 
Section 23 shall apply mutatis mutandis as to which documents are to be 
regarded as the basic documents in a patent application taken up for proces­
sing according to section 38 of the Norwegian Patents Act 
Under these Regulations, the basic documents of international patent appli­
cations filed in Norwegian and entering the national phase in accordance with 
section 31 of the Patents Act, shall be the copy of the description with accom­
panying drawings and patent claims submitted in accordance with section 31 
of the Patents Act. If a translation is required for entry into the national pha­
se, the basic documents shall be the translation of the description with accom­
panying drawings and patent claims submitted according to section 31 of the 
Patents Act If amendments are made within the time limit applicable under 
section 66, the basic documents shall be the translation as thus amended. 
If, with the consent of the patent holder, a patent has been granted prior to 
the expiration of the time limit according to section 66, the basic documents 
shall be the description with drawings and patent claims as they were when 
patent was granted. The first period shall apply mutatis mutandis to applicati­
ons refused within the expiration of the time limit according to section 66. 
Section 70 
A national search report shall not be issued prior to the time limit accor­
ding to section 66 without the consent of the applicant 
Section 71 
Notifications as referred to in section 36, first and third paragraphs, of the 
Patents Act shall be sent to the applicant by registered mail. 
19 Section 72 IPIN/1INORJP/5 
Page 21 
The time limit for requesting a review under section 38 of the Patents Act 
shall be two months from the date on which a notification as referred to in the 
first paragraph of section 38 of the Patents Act was sent to the applicant. 
If the applicant proves that he received the notification more than seven 
days after the date of the notification, the time limit shall be extended by the 
number of days in excess of seven that passed from the date of the notificati­
on to the date of receipt. 
Section 73 
If the application has been subjected to an international preliminary exami­
nation and the corresponding examination report has been submitted to the 
Patent Office, the applicant shall not be obliged to submit information to the 
Patent Office as referred to in section 44, first paragraph, cf. the second peri­
od of the third paragraph of section 69 of the Patents Act. 
Chapter 13 
Spare Parts and Accessories for Aircraft 
Section 74 
Notwithstanding any granted patent, spare parts and accessories for air­
craft may be imported into the country and used here for the repair of aircraft 
belonging to a foreign State party to the Convention on Civil Aviation of 
December 7, 1944 (the Chicago Convention), and either party to the Paris 
Convention for the Protection of Intellectual Property of March 20 1883, or 
which has a patent legislation which recognises inventions made by nationals 
of other States party to the Chicago Convention and which guarantee protec­
tion for such inventions essentially in conformity with the Paris Convention . 
. Chapter 14 
Supplementary Protection Certificates for Medicinal Products 
Section 75 
The following definitions apply below: 
a) a "certificate" shall mean a supplementary protection certificate for 
medicinal products; 
b) the "Regulation" shall mean Annex XVII, item 6 [Council Regulation 
(EEC) No. 1768/92 concerning the creation of a supplementary 
protection certificate for medicinal products with adaptations to the EEA 
Agreement], including the amendments and additions provided for in 
Protocol 1 of the Agreement and elsewhere in the Agreement. 
20 IPINIIINOR/PIS 
Page 22 
Section 76 
An application for a certificate shall be filed in writing. The application and 
appendices shall be filed with the Patent Office in one copy, unless the Patent 
Office provides that more than one copy is to be filed. 
The application shall be drawn up in the Norwegian language. If an appen­
dix to the application is another language, it shall be accompanied by a trans­
lation. Certification of the translation by a translator or in another manner 
acceptable to the Patent Office may be required. The Patent Office may grant 
exemption from the obligation to file a translations. 
The application shall be signed by the applicant or the applicant's represen­
tative. 
Section 77 
An applicant who is not a resident of this country shall have a representati­
ve in this country able to represent the applicant in all matters concerning the 
application. 
Section 78 
Where an applicant has applied for a certificate for the same product in 
other States within the European Economic Area, the applicant should, in 
addition to the information required under Article 8 of the Regulation, state 
the relevant application numbers and identify the authorities with whom the 
applications have been filed. 
If a certificate is sought jointly by several applicants, and one of them shall 
be empowered to receive notifications on behalf of them all, this should be 
stated in the application. 
The Patent Office may require the applicant to furnish further information 
with respect to the product whenever this is necessary for the processing of 
the application. 
Section 79 
An application must not be amended in such manner that a certificate for a 
different product, or based upon another basic patent, is applied for. 
Section 80 
In addition to the information referred to in Article 9 (2) of the Regulation, 
the number and filing date of the application shall be published. 
Section 81 
The Patent Office shall keep a journal of the applications for certificates 
filed. The journal and the application documents shall be available to the 
public. 
21 Section 82 IPINI1INOR/P/S 
Page 23 
When examining whether the conditions laid down in Article 3 of the 
Regulation have been fulfilled, the Patent Office shall take into consideration 
everything that comes to its attention. 
In order to decide whether the condition laid down in Article 3(c) of the 
Regulation has been fulfilled, the Patent Office shall examine the Certificate 
Register. 
Before a certificate can be granted, confirmation that the authorisation 
referred to in Article 3 (b) of the Regulation is the first authorisation to mar­
ket the product as a medicine in this country shall be obtained from the 
Norwegian Medicines Control Authority (Statens legemiddelkontroll). 
Section 83 
Section 15, paragraphs 2 and 3, and section 16 of the Patents Act shall apply 
mutatis mutandis to the time limits referred to in Article 10.3 of the 
Regulation. 
Section 84 
If an application for a certificate is finally refused or shelved, a notice of 
this fact shall be published together with the information referred to in secti­
on 80. 
Section 85 
In addition to the information referred to in Article 11.1 of the Regulation, 
the published notice of the grant of a certificate according to the said Article 
shall contain the filing date of the application and the certificate registration 
number. 
Section 86 
A certificate shall contain the information referred to in section 85. 
Section 87 
The Patent Office shall keep a separate register of granted certificates (the 
Certificate Register), as a part of the Register of Patents. 
Section 88 
If an application for a certificate is refused or shelved, the applicant may 
file an appeal against the decision with the second instance department of the 
Patent Office (the Board of Appeals). If the Board of Appeals refuses the 
application, the applicant may bring that decision before a court of law. 
Section 27 of the Patents Act shall apply mutatis mutandis. 
A decision to grant a certificate may not be brought before the Board of 
Appeals. Anyone may bring proceedings before the courts to have a granted 
certificate invalidated. 
22 IP/N/l/NOR/P/5 
Page 24 
Whoever brings a case before the courts in accordance with the second 
paragraph shall at the same notify the Patent Office. The provisions of section 
64 of the Patents Act shall apply mutatis mutandis. 
Section 89 
Section 67 of the Patents Act shall apply mutatis mutandis with respect to 
the obligation of certificate holders not resident in this country to have a 
representative here, etc. 
Chapter 15 
Miscellaneous Provisions 
Section 90 
The Patent Office may issue further provisions with respect to: 
1) patent specifications; 
2) the Register of Patents 
3) notices which shall be published pursuant to the Patents Act or these 
Regulations; 
4) journals which shall be kept pursuant to the Regulations; 
5) time limits; and 
6) the implementation of the Patents Act and these Regulations in other 
respects. 
Section 91 
Regulations issued by the Patent Office in accordance with these 
Regulations shall be published in both the Norwegian Law Gazette (Norsk 
Lovtidend) and the Norwegian Patent Gazette (Norsk Patenttidende). 
Section 92 
These Regulations shall enter into force on January 1, 1997. 
From the same date, the Decree regarding priority under the Patents Act 
laid down by the Prince Regent on January 11, 1957, and the Royal Decree of 
October 12, 1979 concerning applications for patent etc. shall be repealed. 
Patent applications approved for laying open to public inspection prior to 
January 1, 1997 shall be processed to completion according to the rules of 
procedure in force until January 1, 1997. 
In the case of patent applications filed prior to January 1, 1997 a request 
may be made for a change of effective filing date in accordance with the provi­
sions in force until that date. 
23