Regulations to the Norwegian Patents Act (The Patent 
Regulations)   
This is an unofficial translation of the regulations to the Norwegian Patents Act. Should there 
be any differences between this translation and the authentic Norwegian text, the decision w ill 
be made on the basis of the authentic Norwegian text.  
DATE: REG -2007-12-14-1417  
MINISTRY: MJ (Ministry of Justice and Police)  
PUBLISHED: In 2007 pamphlet 12  
ENTRY INTO FORCE: 2008 -01-01  
AMENDING: REG -1996-12-20-1162, REG -1996-12-23-1263  
APPLIES T O: Norway  
AUTHORITY: ACT -1967-12-15-9-S.1, ACT -1967-12-15-9-S.3, ACT -1967-12-15-9-S.3b, ACT -1967-12-
15-9-S.5, ACT -1967-12-15-9-S.6, ACT -1967-12-15-9-S.8a, ACT -1967-12-15-9-S.9, ACT -1967-12-15-9-
S.11, ACT -1967-12-15-9-S.15a, ACT -1967-1215-9-S.28, ACT -1967-12-15-9-S.31, ACT -1967-12-15-9-
S.34, ACT -1967-12-15-9-S.38, ACT -1967-12-15-9-S.49, ACT -1967-12-15-9-S.52b, ACT -1967-12-15-9-
S.62a, ACT -1967-12-15-9-S.62b, ACT -1967-12-15-9-S.66c, ACT -1967-12-159-S.66m, ACT -1967-12-15-
9-S.68, ACT -1967-12-15-9-S.69  
PROMULGA TED: 2007 -12-14 at 15.30  
REVISED: REFERENCE NO.: 2014-1409, in force from 2015-01-01  
SHORT TITLE: The Patent Regulations  
 
Table of Contents  
Regulations to the Norwegian Patents Act (The Patent Regulations)  
Chapter 1  National Patent Applications   Sections 1 -12 
Chapter 2  Priority Sections 13 -17 
Chapter 3  Provisions on Representat ion Sections 18 -19 
Chapter 4  Amendments to the Application Sections 20 -21 
Chapter 5  Division of and Separation from Applications Sections 22 -24 
Chapter 6  Right of Access to Inspect the Documents of the Case. Issue of Samples of Biological Material 
Sections 25 -26 
Chapter 7  The Processing of Applications Sections 27 -35 
Chapter 8  Opposition, Administrative Patent Limitation and Administrative Review Sections 36 -42 
Chapter 9  The Register of Patents, etc. Sections 43 -45 
Chapter 10  Publications Sections 46 -57 
Chapter 11  European Patents Sections 58 -64 
Chapter 12  International Patent Applications Sections 65 -78 
Chapter 13  Supplementary Protection Certificates Sections 79 -87 
Chapter 14  Definition of Plant Variety. The Agricultural Exemption Sections 88 -91 
Chapter 15  The Ethics Committee in Patent Cases Sections 92 -95 
Chapter 16  Compulsory Licence and Exhaustion Sections Sections 96 -100 
Chapter 17  Miscellaneou s Provisions Sections 101 -106 
Regulations to the Norwegian Patents Act (The Patent Regulations)  
Authority: Prescribed by Royal Decree of December 14, 2007 with authority in Act No. 9 of December 15, 
1967 relating to Patents, etc., S. 1, S. 3, S. 3 b, S. 5 , S. 6, S. 8 a, S. 9, S. 11, S. 15 a, S. 28, S. 31, S. 
34, S. 38, S. 49, S. 52 b, S. 62 a, S. 62 b, S. 66 c, S. 66 m, S. 68 and S. 69. Introduced by the Ministry 
of Justice and Police.  
Patent Regulations as PDF -file  
 
Chapter 1. National Patent Applications  
Section 1 . Formal Requirements  
A patent application shall be filed using a separate app lication form. The applicant shall fill in the form 
and appendices in printed letters.  
 
 Section 2.  Contents of the Application  
The application shall contain the following:  
1. the inventor’s name and address, the applicant’s name or business name and address  as well as 
any representative’s name or business name and address  
2. (repealed 1. July 2010 by FOR 2010 -06-25-937) 
3. a short and precise technical title of the invention  
4. a description of the invention with drawings if this is necessary in order to understand  the 
invention  
5. a statement of the subject matter for which protection by the patent is sought (patent claims)  
6. an abstract in accordance with section 11  
7. information about whether the application comprises deposited biological material in accordance 
with section 8a of the Patents Act  
8. information about the providing country and the country of origin for biological material in 
accordance with section 8b of the Patents Act  
9. information about obtained consent for use of biological material from the human body  in 
accordance with section 8c of the Patents Act  
10. information about the international application number and filing date, and any claimed priority 
date for an international application that enters the national phase in accordance with section 31 
of the Pa tents Act  
11. a list of accompanying documents.  
The application must be signed by the applicant or his representative. The signature may be hand -
written, printed, stamped or electronic in accordance with the standard laid down by the Norwegian 
Industrial Pro perty Office at any given time. If a patent is being applied for by another party than the 
inventor, the application shall contain a declaration from the applicant that the applicant has the right to 
the invention. The declaration shall state the basis for  the applicant’s right to the invention.  
Section 2a. Address for correspondence  
If not otherwise stated in the application, the address specified pursuant to section 2 No.1, is the address 
for notifications and services of process , etc. pursuant to sectio n 67 of the Patents Act. If the applicant 
has appointed a representative, the address of the representative is such address, as far as the power -
of-attorney authorizes. If there is more than one applicant or representative, the address of the first 
mention ed is the address for correspondence, if not otherwise stated. The applicant may at any time 
specify a new address for correspondence.  
 
Section 3 . Filing Date  
The application will be accorded a filing date even if the requirements in section 2 have not b een 
complied with if the application contains a description of the invention and information that makes it 
possible to identify and contact the applicant or the applicant’s representative. If the application is filed 
electronically, it must be filed in a f ormat accepted by the Norwegian Industrial Property Office.  
If the Norwegian Industrial Property Office finds that it cannot accord a final filing date for the application 
because parts of the description, drawings or patent claims have not been supplied,  the Norwegian 
Industrial Property Office shall immediately notify the applicant hereof and request that the deficiency be 
corrected within two months from when the notice was sent. The filing date for the application will be 
maintained if, within the abov e-mentioned time limit, or if no notice has been sent, within two months 
from when an application that complies with the requirements laid down in the first paragraph was filed, 
the applicant:  
1. supplies the missing parts,  
2. states that the parts are include d in the application by reference to a previous application or  
3. declares that no parts are missing and the Norwegian Industrial Property Office finds this to be 
the case.  
Section 4 . Basic Documents  
The application's basic documents comprise the description of the invention with accompanying drawings 
and patent claims submitted in Norwegian or English no later than on the date the application was or 
shall be deemed to have been filed. If the description with accompanying drawings and patent claims is 
not submitted in Norwegia n or English on this date at the latest, the first description with accompanying 
patent claims that is subsequently submitted in Norwegian or English will be regarded as the basic  
 documents insofar as the contents are clearly stated in the documents that w ere available when the 
application was filed.   
 
Section 5 . Language Requirements  
The description, patent claims and abstract shall be in Norwegian or English. Other documents shall be in 
Norwegian, Danish, Swedish or English.  
If the description, patent claims,  abstract or other documents are in another language than those 
specified in the first paragraph first sentence, the Norwegian Industrial Property Office may demand that 
the applicant submit a translation into Norwegian or English within a deadline set by the Industrial 
Property Office. The Norwegian Industrial Property Office may demand that the translation be certified by 
a government authorised translator.  
For documents as mentioned in the first paragraph second sentence, the Norwegian Industrial Propert y 
Office may, in individual cases, accept another language than Norwegian, Danish, Swedish or English.   
 
Section 6. Patent Claims  
A patent claim shall contain the following:  
1. the title of the invention  
2. a statement describing the art in relation to which the invention constitutes something novel 
(the prio r art) if such a disclosure is necessary  
3. a statement indicating the new and characteristic features of the invention.  
In so far as possible, the invention shall be referred 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 that is 
irrelevant to the exclusive right that the applicant is claiming.  
Section 7 . Several Patent Claims  
A patent application may contain several patent claims. In such case, the patent claims shall be 
numbered.  
One or several other claims may be attached to a patent claim.  
A patent claim may be independent or dependent. Dependent claims are claims that relate to 
embodiments of an invention disclosed in another patent claim in the application and that therefore 
comprise all the characteristic features contained in that claim. Dependent claims shall be introduced 
with a reference to the previous claim(s) to which they are related.  
The number of independent claims  is limited to one independent claim in each category. Several 
independent claims within the same category may only be included if this concerns products or processes 
with mutual dependency, different inventive areas of application of a product or alternat ive solutions to a 
special problem. The Norwegian Industrial Property Office will decide whether inventions may be included 
in separate independent claims within the same category.  
Section 8.  Unity  
In accordance with the rules of section 10 of the Patent s Act, an application may only comprise a 
plurality of inventions if there is a technical relationship between the inventions. There is a technical 
relationship between the inventions if the inventions have one or more identical or similar special 
technica l features in common. Special technical features are the features of each invention which define 
a contribution that each invention makes over and above the prior art.  
The question of whether there is a technical relationship between a plurality of invent ions shall be 
determined without regard to whether they are disclosed in separate claims or as alternatives within a 
single patent claim.  
Section 9.  The Description   
The description shall only contain information and specifications that contribute to an u nderstanding of 
the invention.  
Biological material shall be described in accordance with the guidelines laid down by the Norwegian 
Industrial Property Office. For generally available biological material, information must be provided of 
how it can be obtai ned. The description of biological material in accordance with section 8a of the Patents  
 Act shall contain all information of importance to the characteristic features of the biological material to 
which the applicant has access.  
Section 10.  Drawings   
Drawings shall show the details that are necessary in order to understand the description.  
Section 11.  Abstract  
The abstract shall contain a brief summary of the details contained in the patent claims, description and 
drawings in the basic documents. If the  application contains drawings, the applicant shall state the figure 
that the applicant wishes to be published together with the abstract. If the applicant has not specified 
this, the Norwegian Industrial Property Office will choose the figure that is to b e published.  
Section 12 . Deposit of Biological Material etc.  
The deposit of biological material in accordance with section 8a, first paragraph, of the Patents Act shall 
be made in accordance with the Budapest Treaty on the International Recognition of De posit of 
Microorganisms for the Purposes of Patent Procedure of April 28, 1977. The material shall be deposited 
with an institution that is an international depositary institution in accordance with the Budapest Treaty 
or with an institution that has been approved by the European Patent Office.  
When a sample of biological material has been deposited, the applicant shall notify the Norwegian 
Industrial Property Office in writing about the depositary institution with which the material has been 
deposited and  the reference number that the institution in question has accorded the deposited material. 
The information shall be provided not later than 16 months after the filing date or, if priority has been 
claimed, the claimed priority date. If deposited biologica l material is transferred to another international 
depositary institution in pursuance of Rule 5(1) of the Implementing Regulations to the Budapest Treaty, 
the applicant or the patent holder shall notify the Norwegian Industrial Property Office hereof and of the 
reference number that the institution has accorded the deposited material.  
A new deposit of biological material in accordance with section 8a, second paragraph, of the Patents Act 
shall be made in accordance with the Budapest Treaty. The applicant or the patent holder shall notify the 
Norwegian Industrial Property Office of the new deposit of biological material and of the reference 
number that this institution has accorded the deposited material within four months from when the 
material was deposit ed or within the time limit stipulated in the second paragraph.  
The Norwegian Industrial Property Office may demand a copy of the receipt that the depositary 
institution has issued as proof of the correctness of the information provided in accordance with  the 
second and third paragraphs.  
A request in accordance with section 22, eighth paragraph, of the Patents Act that samples of biological 
material shall only be issued to a specially appointed expert must be filed with the Norwegian Industrial 
Property O ffice not later than the day before the application becomes available to the public in 
accordance with section 22 of the Patents Act.  
  
Chapter 2. Priority  
Section 13.  Application Priority  
The applicant may claim priority in accordance with section 6 of  the Patents Act on the basis of the first 
application that describes the invention if it was filed in a state that is a party to the Paris Convention for 
the Protection of Industrial Property of March 20, 1883, or the Agreement Establishing the World Trad e 
Organization (WTO) of April 15, 1994. The same shall apply to an application filed with a regional patent 
authority if this is equated with the filing of a national application in accordance with the legislation in 
force in a state that is a party to the  Paris Convention or in accordance with a bilateral or multilateral 
agreement entered into between states that are parties to the Paris Convention A previous application 
that forms the basis for priority will be referred to as a priority document in these Regulations.  
A priority claim must be included in the application when it is filed or be forwarded within 16 months 
from the priority date. The claim shall specify the patent authority with which the claimed application was 
filed, the filing date and the application number. If the application number is not known, the number 
must be forwarded as soon as the applicant gets knowledge hereof. If the previous application is not 
available to the Norwegian Industrial Property Office in an electronic register, the  Norwegian Industrial 
Property Office may demand that the applicant shall submit a priority certificate within three months. The  
 priority certificate shall contain the information stipulated in the second period of this paragraph, the 
applicant’s name and a copy of the application. The priority certificate must be certified by the authority 
with which the claimed application was filed.  
The applicant may correct or add a priority claim by written notification to the Norwegian Industrial 
Property Office with in a time limit of 16 months computed as from the priority date. If a correction or 
addition will cause a change in the priority date, the 16 -month time limit shall be computed as from 
whichever priority date expires first. In the event of such a claim for  a correction or addition, the written 
notification must be filed within four months from the filing date in Norway. No corrections or additions 
may be made once the application has become available to the public by the applicant having requested 
early pub lication hereof.  
A priority claim may be withdrawn by written notification to the Norwegian Industrial Property Office until 
a final decision has been made regarding the application.  
Section 14 . Requirements for Application Priority  
In order for an appl ication to provide a basis for priority in accordance with section 6 of the Patents Act, 
it must be the first application to describe the invention. A subsequent application that describes the 
invention will provide a basis for priority if the following re quirements have been met:  
1. if it has been filed with the same patent authority as the first application and by the same 
applicant or his successor in title  
2. if the first application has been withdrawn, shelved or rejected without the application having 
become available to the public when the subsequent application was filed  
3. if the first application has not served as a basis for any priority claim  
4. if the first application does not form the basis for any existing right.  
Section 15.  Priority for an Applicat ion Comprising a Plurality of Inventions  
If an application comprises a plurality of inventions, the applicant may claim priority for one or more of 
the inventions. In such cases, priority may be claimed on the basis of different applications. This shall 
apply even if the claimed applications have been filed in different states. The individual application must 
comply with the requirements in section 14.  
Section 16.  Relationship between the Priority Document and the Basic Documents  
The priority shall only apply to the specifications contained in the priority document.  
The priority document cannot be relied on as a basis for the introduction of new contents that exceed the 
basic documents contained in the application. Obvious errors or typing errors may, ho wever, be 
corrected based on the priority document.  
Section 17 . Applications Filed in a State that Is not a Party to the Paris Convention or the WTO 
Agreement  
Priority in accordance with section 6 of the Patents Act will be granted on the basis of an app lication filed 
in a state that is not a party to the Paris Convention or the WTO Agreement if said non -contracting state 
grants such priority based on patent applications filed in Norway. The provisions in this Chapter shall 
apply correspondingly.  
  
Chapt er 3. Provisions on Representation  
Section 18 . (Repealed 1. July 2010 by FOR-2010-06-25-937) 
Section 19 . (Repealed 1. July 2010 by FOR-2010-06-25-937) 
  
Chapter 4. Amendments to the Application  
Section 20 . Amendments to Patent Claims  
Patent claims may b e amended by the applicant filing a new copy of all maintained claims listed in  
 consecutive order. In the individual case, the Norwegian Industrial Property Office may decide not to 
demand new copies or approve that new copies are only filed for patent cla ims that have been amended.  
If a patent claim is amended, the applicant shall state where in the basic documents the basis for the 
amendment is found. A patent claim cannot be amended to comprise any element that is not specified in 
the basic documents.  
After the Norwegian Industrial Property Office has informed the applicant of the result of the novelty 
search, patent claims cannot be included in the same application that describe an invention that is 
independent of the inventions disclosed in previously  filed claims.  
If the patent claims have been limited after the Norwegian Industrial Property Office has notified the 
applicant of a lack of unity, the application may no longer be regarded as comprising the invention(s) 
that was or were deleted from the claims in connection with the limitation hereof.  
A change of claim category will be approved if technical dependence is present and is stated in the basic 
documents.  
Section 21 . Amendments to the Description and Drawings  
The applicant may only make amen dments or additions to the description and accompanying drawings 
that are necessary to comply with the requirements stipulated in section 8 of the Patents Act. Such 
amendments or additions must not result in the patent claims comprising any element that is  not 
specified in the basic documents.  
If a new description is filed, the applicant shall provide a declaration specifying which parts that are not 
in accordance with the previously filed description and specify which way the amendments imply 
anything new  in respect of the prior art. Unless otherwise warranted on special grounds, the Norwegian 
Industrial Property Office shall accept such a declaration without special control hereof.  
  
Chapter 5. Division of and Separation from Applications  
Section 22.  Division of the Application  
The applicant may request that a previously filed application shall be divided into several independent 
applications if the basic documents describe a plurality of inventions. Together with the request for 
division of the applica tion, the applicant shall file a new application form, a new description with any 
drawings and new patent claims for each application that is not a continuation of the original application. 
The request for a division of the application shall state the orig inal application number and specify the 
inventions that each of the new applications will comprise. A prescribed fee shall be payable for each new 
application.  
The application that is regarded as a continuation of the original application will retain its original 
application number. Each new application will be accorded a new application number and will be 
regarded as a divisional application.  
A divisional application must be filed before a final decision has been made regarding the original 
application. The divisional application cannot be identical to the original application.  
The request for division of the application will be rejected if the requirements in the first and third 
paragraphs have not been complied with.  
If the application is divided, the  applicant will be notified hereof with information about the number of 
the divisional application.  
Section 23.  Divisional Application  
In a divisional application, the description with accompanying drawings and patent claims that are filed 
together with the application will be regarded as basic documents. Elements from the original application 
cannot be added after the basic documents have been filed. Other documents than the basic documents 
in the original application will also constitute documents in th e divisional application if they were filed 
before the application was divided.   
 The divisional application will retain the priority from the original application.  
Section 24 . Separation from the Application  
If an application is amended to the effect tha t it comprises an invention that is not disclosed in the basic 
documents, the applicant may request that this invention shall be separated from the application into a 
new application. Together with the request for separation from the application, the appli cant shall file a 
new application form, a new description with any drawings and new patent claims for each new 
application. The application will be regarded as having been filed on the same date on which the 
Norwegian Industrial Property Office received th e first document that comprises the invention that was 
not specified in the basic documents of the original application. The application will be accorded a new 
application number. A prescribed fee shall be payable for each separated application.  
A new app lication must be filed before a final decision has been made regarding the original application. 
The separated application cannot be identical to the original application.  
The request for separation from the application will be rejected if the requirement s in the first and 
second paragraphs have not been complied with.  
Section 22, fifth paragraph, and section 23, first paragraph, shall apply correspondingly.  
  
Chapter 6. Right of Access to Inspect the Documents of the Case. Issue of Samples of 
Biological  Material  
Section 25 . Right of Access to Inspect Documents  
In accordance with section 22, second paragraph, first period, of the Patents Act, the documents shall be 
made available to the public the day after the same day number of the month as the date t hat forms the 
basis of the computation. If the Norwegian Industrial  
Property Office does not have office hours on this date, the application shall be made available to the 
public as from the first subsequent office date. If the computation in accordance w ith section 22, second 
paragraph, first period, of the Patents Act is made on the basis of the priority date and priority has been 
claimed from different dates, the date shall be computed based on the earliest priority date.  
When the applicant requests th at the application shall be made available to the public at an earlier date 
than in accordance with the provisions of section 22, first or second paragraph, of the Patents Act, the 
application shall be made available to the public as soon as the request fo r this has been received unless 
the applicant specifies a later date. Any information about deposited biological material in accordance 
with section 12, second and third paragraphs, must be provided not later than concurrently with the 
submission of such a  request.  
If the application is made available to the public before the patent has been granted, the abstract shall 
be published as soon as its final wording has been drawn up. The Norwegian Industrial Property Office 
may also publish other parts of the a pplication together with the abstract.  
Section 26 . Issue of Sample of Biological Material  
A request for the issue of a sample of biological material in accordance with section 22, ninth paragraph, 
of the Patents Act shall be worded in accordance with the  provisions in Rule 11 of the Implementing 
Regulations to the Budapest Treaty.  
If the request concerns a sample of deposited biological material connected with an application for which 
a final decision has not yet been made, the party requesting the sampl e must submit a declaration in 
which he undertakes vis -à-vis the applicant not to use the sample for any other purposes than for 
experiments that concern the invention itself and to refrain from granting other parties access to the 
sample until a final dec ision has been made regarding the application or, if a patent is granted, until the 
patent has expired. If the request concerns a sample of deposited biological material connected with a 
patent, the party requesting the sample must submit a declaration in which he undertakes vis -à-vis the 
patent holder not to use the sample for any other purposes than experiments that concern the invention 
itself and to refrain from granting other parties access to the sample until the patent has expired. The 
first and seco nd periods of this paragraph shall apply correspondingly to biological material that is 
derived from the sample and that has retained the characteristic features of the material that are  
 important for carrying out the invention. The request for the issue o f the sample shall contain a 
declaration that the requester undertakes these obligations.  
If a sample may only be issued to a special expert, the request for the issue of the sample shall 
designate the expert in question. The Norwegian Industrial Property  Office will draw up a list of persons 
who can be used as experts. Only persons who are entered in said list, or whom the applicant accepts in 
the individual case, may be used as experts. If an expert is used, the request for the issue of a sample 
shall co ntain a declaration from the expert in accordance with the second paragraph.  
The second and third paragraphs shall not apply if it is necessary to deposit derived biological material in 
connection with a subsequent application.  
When a request has been ma de for the issue of a sample of biological material and the requirements for 
this have been complied with, the Norwegian Industrial Property Office shall issue a declaration to this 
effect. The Norwegian Industrial Property Office shall send the request fo r the issue of a sample and the 
declaration to the depositary institution with which the material has been deposited. A copy of the 
request for the issue of a sample and the declaration shall concurrently be sent to the patent applicant or 
the patent holde r. If the Norwegian Industrial Property Office does not issue such a declaration, the party 
requesting the sample shall be notified hereof.  
  
Chapter 7. The Processing of Applications  
Section 27.  Classification  
The application shall be classified in acc ordance with the international patent classification system. The 
application may also be classified in accordance with another classification system.  
Section 27a.  Case Processing Language  
If the application is written in English, the Norwegian Industrial Property Office's decisions and queries 
and wr itten opinions to the applicant shall be written in English if the applicant so requests.  
If the application is written in Norwegian, the Norwegian Industrial Property Office's written opinions on 
patentability and novelty searches shall be written in Engl ish if the applicant so requests.   
 
Section 28.  Novelty Search  
The novelty search shall cover the period until the filing date for the appli cation. This shall also apply to 
any claimed priority.  
The basic documents in another application will be novelty -defeating in accordance with section 2, 
second paragraph, second period, of the Patents Act from the filing date or from the priority date to  the 
extent to which there is conformity between the basic documents and the priority document. The 
abstract and other documents in the application will be novelty -destroying as from the date on which the 
documents are made available to the public in accor dance with section 22 of the Patents Act.  
Section 29 . Novelty Search by an International Searching Authority  
Within three months from the date on which the application was filed or is to be deemed to have been 
filed, the applicant may require that the No rdic Patent Institute, the Swedish Patent and Registration 
Office or the European Patent Office shall perform a novelty search in accordance with the provisions of 
section 9 of the Patents Act regarding applications without priority that have been drawn up  in 
Norwegian, Danish, Swedish or English. The applicant shall designate the International Searching 
Authority that will perform the novelty search.  
If the application has not been written in a language that is accepted by the International Searching 
Authority, a translation of the application shall be attached to the request for a novelty search.  
The request for a novelty search shall be regarded as having been withdrawn if, upon expiration of the 
time limit stipulated in the first paragraph, the applica tion and the translation do not comply with the 
formal requirements that apply to international applications.   
 Section 30 . Written Opinion from Another Searching Authority  
If an application is filed for a patent for an invention for which the same applica nt has filed a patent 
application outside Norway, the applicant shall, at the request of the Norwegian Industrial Property 
Office, provide information about the written opinion that  
the patent authority in question has provided regarding the novelty searc h and patentability. Within a 
time limit stipulated by the Norwegian Industrial Property Office, the applicant shall submit:  
a. a copy of the written opinion that the patent authority in question has provided regarding the 
novelty search and patentability in  general, or  
b. a declaration that the applicant has not yet received such a written opinion.  
If the applicant fails to meet the time limit fixed by the Norwegian Industrial Property Office, the 
application will be shelved in accordance with section 15 of t he Patents Act. If the applicant expressly 
refuses to submit a copy of the written opinion or the declaration, the application shall be rejected in 
accordance with section 16 of the Patents Act.  
Section 30a.  Priority Processing  
If the Norwegian Industrial Property Office has established cooperation as mentioned in section 105a 
with another patent authority, the Norwegian Industrial Property Office shall, at the applicant's request, 
give priority to processing the application inso far as it concerns a claim that the other patent authority 
has declared to be patentable. A request for such processing must meet the requirements stipulated 
upon establishment of the cooperation.   
 
Section 31.  Statement of Publications  
Publications shall be  stated in accordance with the directions of the Norwegian Industrial Property Office.  
Section 32 . Model, Sample or the Like  
The Norwegian Industrial Property Office may order the applicant to submit a model, sample or the like 
or to perform examinations  or tests if this is necessary for the assessment of an invention for which a 
patent application has been filed.  
Section 33.  Postponement of the Grant of a Patent  
If an application is to be accepted before it has been made available to the public in acco rdance with 
section 22, second or third paragraph, of the Patents Act, the Norwegian Industrial Property Office may, 
on request from the applicant, postpone the grant of the patent until the application has been made 
available to the public. The Norwegian Industrial Property Office may otherwise not postpone the grant of 
a patent after a decision to accept the application has been made.  
A request for a postponed grant of a patent shall be filed in a separate letter. The request will only be 
considered if i t has been received by the Norwegian Industrial Property Office within two months from 
when the applicant has been informed that the patent may be granted. The provisions in section 20 of 
the Patents Act on payment of the prescribed fee for grant and an ap plication for exemption from the 
prescribed fee for grant shall apply even if a request for postponement of the grant of the patent has 
been filed.  
Section 33a. Translation of the Patent Claims in Applications written in English  
If an application is written in English, the Norwegian Industrial Property Office shall, before sending 
notification pursuant to the Patents Act section 19 , inform the applicant that a translation into Norwegian 
of the patent claims in the application must be submitted before a patent can be granted. At the same 
time, the Norwegian Industrial Property Office shall set a deadline for submission of the translation.   
 
Section 34.  Patent Specification  
The Norwegian Industrial Property Office shall publish a patent specifica tion, cf. section 21, third 
paragraph, of the Patents Act, after the prescribed fee for grant has been paid or an exemption from 
payment of said fee has been given. The patent specification shall contain information about:  
1. the date of the grant of the pat ent  
2. application number and patent number   
 3. classification of the patent in accordance with the international patent classification system  
4. the name or business name and address of the patent holder and the name or business name 
and address of any repre sentative and also any specifically stated address for correspondence, 
cf. section 2a  
5. the inventor’s name and address  
6. the title of the invention  
7. the filing date for a national application  
8. whether the application is an international application and, if s o, the international application 
number, the international filing date and the date on which the international application will 
enter the national phase in accordance with section 31 of the Patents Act or the date on which 
the application is deemed to have  been filed in accordance with section 38 of the Patents Act  
9. whether priority has been claimed and, if so, the filing place and filing date as well as the 
number of the application from which priority is claimed  
10. whether the application is a result of div ision or separation and, if so, the original application 
number  
11. the depositary institution with which a sample of biological material has been deposited and the 
reference number that the institution has accorded the sample  
12. stated publications.  
Section 3 5. Protest  
If, before the patent has been granted, the Norwegian Industrial Property Office receives a protest that is 
of significance to the assessment of the application, the Norwegian Industrial Property Office shall notify 
the applicant hereof. If oth er novelty -destroying elements than obvious use of the invention are claimed 
in the protest, the Norwegian Industrial Property Office shall immediately examine whether this means 
that the applicant should be notified hereof in writing. If the protest conta ins a claim regarding obvious 
use of the invention, it will, as a general rule, only be set down for assessment after the expiration of the 
time limit for the submission of protests and only if the same claim is also made in an opposition.  
A protest to th e grant of a patent will not result in any party rights. If the protest is not upheld, the 
protesting party shall be informed  of the possibility to submit an opposition.  
  
Chapter 8. Opposition, Administrative Patent Limitation and Administrative Review  
Section 36 . Form and Contents of the Opposition  
An opposition in accordance with section 24 of the Patents Act must be filed with the Norwegian 
Industrial Property Office and shall contain:  
1. information about the opponent’s name or business name and addre ss as well as the 
representative’s name or business name and address if the opponent is represented by a 
representative  
2. information about the number of the patent against which the opposition is filed  
3. a statement of the scope of the opposition and the gr ounds on which it is based, with a 
statement of the facts and evidence, for example publications, on which the opponent intends to 
rely in support of the opposition.  
The opposition shall be signed by the opponent or the opponent’s representative. Section 2a applies 
correspondingly to correspondence with the opponent.  
Section 37 . Notification of Opposition  
Notification from the Norwegian Industrial Property Office to the patent holder about an opposition shall 
contain information about the date of the opp osition, the name and address of the opponent and of any 
representative of the opponent.  
Section 38 . Notice of Continued Opposition Procedure  
If the opposition is withdrawn, the processing of the opposition may only continue, cf. the 
Patents Act section 24  eighth paragraph, if the Norwegian Industrial Property Office notifies 
the patent holder about this within two months of the Industrial Property Office receiving 
notification that the opposition has been withdra wn.  
  
 Section 39.  Notification of the Outcome  of Opposition Procedure  
The Norwegian Industrial Property Office shall notify the patent holder and the opponent of the outcome 
of the opposition procedure as well as of the right to appeal and the time limit for lodging an appeal.  
Section 40.  Request f or Administrative Patent Limitation  
A request for administrative patent limitation in accordance with section 39 a of the Patents Act must be 
filed with the Norwegian Industrial Property Office and shall contain:  
1. information about the patent holder’s nam e or business name and address as well as the 
representative’s name or business name and address if the patent holder is represented by a 
representative  
2. information about the number of the patent for which limitation is requested  
3. statement of the limitat ion that is requested.  
A request for administrative patent limitation shall be signed by the patent holder  or the patent holder ’s 
representative. Section 2a applies correspondingly.  
If amendments to the description are requested, the request shal l also contain a revised version of the 
description that is to be included in the new patent specification. If amendments to the patent claims are 
requested, the patent holder shall, together with the request, submit new copies of all maintained claims 
stated in consecutive order.  
The Norwegian Industrial Property Office shall reject any request for administrative patent limitation filed 
by other parties than the patent holder.  
Section 41 . Administrative Review  
A request for an administrative review in a ccordance with section 52 b of the Patents Act must be filed 
with the Norwegian Industrial Property Office and shall contain:  
1. information about the requester’s name or business name and address as well as the 
representative’s name or business name and add ress if the requester is represented by a 
representative  
2. information about the number of the patent that is being contested  
3. an account of the basis for contesting the patent  
4. specification of the patent claims that the review concerns, alternatively of t he patent claims that 
are not covered by the request for a review  
5. necessary documentation of matters that are relied on in support of the request.  
A request for an administrative review shall be signed by the requester or by the requester’s 
representativ e. Section 2a applies accordingly to the address for correspondence with the party 
requesting the review.  
Sections 37 and 39 shall apply correspondingly.  
Section 42 . New Patent Specification  
In the event of any amendment to the patent following an oppos ition, an administrative patent limitation 
or an administrative review, the Norwegian Industrial Property Office shall issue a new patent 
specification. The new patent specification shall contain information in accordance with section 34 and 
state that the  patent has been amended and the date on which the decision to amend the patent was 
published.  
If the patent was granted in English, the Patents Act section 21  third paragraph third to fifth sentences 
apply correspondingly. Before a new patent specification is iss ued, the Norwegian Industrial Property 
Office shall inform the patent holder that a translation into Norwegian of the amended patent claims 
must be submitted for the patent to be upheld in its amended form. At the same time, the Norwegian 
Industrial Proper ty Office sets a deadline for submission of the translation. The Patents Act section 21  
third paragraph sixth to ninth sentence apply correspondingly.   
 
   
Chapter 9. The Register of Patents, etc.   
 Section 43.  The Register of Patents  
The Norwegian Industrial Property Office shall keep a register of received nat ional applications and 
international applications that have entered the national phase as well as of patents granted on the basis 
of such applications. Section 45 shall apply to the registration in the Register of Patents of European 
patents that apply in Norway. The information recorded in the register about the individual application 
will be available to the public once the documents in the case become available to the public in 
accordance with section 22 of the Patents Act.  
The register shall contain th e following information about the application and the granted patent:  
1. application number and patent number  
2. classification in accordance with the international patent classification system  
3. any classification in accordance with other patent classification  systems  
4. (repealed 1. July 2010 by FOR-2010-06-25-937) 
5. the applicant’s name or business name and address  
6. any representative’s name or business name and address  
7. the inventor’s name and address  
8. the title of the invention  
9. whether the application is a nat ional or an international application  
10. for a national application: the filing date  
11. for an international application that has entered the national phase: the international application 
number, the international filing date and the date on which the applicat ion entered the national 
phase in accordance with section 31 of the Patents Act or is deemed to have been filed in 
accordance with section 38 of the Patents Act  
12. for a European application that has been converted into a national application: the applicatio n 
number and filing date in accordance with the European Patent Convention and the date on 
which the application has been converted into a national application  
13. whether priority has been claimed and, if so, the authority with which the claimed previous 
application was filed as well as the filing date and application number for said application  
14. whether the application is a divisional application or a separated application and, if so, the 
original application number  
15. whether new applications have been drawn up, with information about the new application 
numbers, in connection with division of or separation from an application  
16. the date on which the documents in the case were made available to the public in accordance 
with section 22 of the Patents Act the date on which the documen ts in the case became available 
to the public pursuant to the Patents Act section 22 , and, if a translation has been submitted as 
mentioned in the Patents Act section 60  second paragraph first sentence, that such translation 
has been submitted, and the date on which this was published   
17. docume nts received and sent in the case  
18. the date on which the grant of the patent was published  
19. other decisions made in the case and the status of the case  
20. paid fees, outstanding fees and any reimbursed fees  
21. paid annual fee or respite on payment of the annua l fee  
22. the time at which the patent has lapsed in accordance with section 51 of the Patents Act  
23. whether the patent holder has renounced the patent in accordance with section 54 of the Patents 
Act  
24. whether a request has been filed for re -establishment of r ights despite a failure to comply with a 
time limit and the decision regarding such a request, cf. section 72, second paragraph, of the 
Patents Act  
25. that legal action has been brought for invalidation, transfer of a patent or a compulsory licence  
26. that the  patent has been declared invalid by a judgement delivered in accordance with section 
52 of the Patents Act and the outcome of the legal proceedings if the judgement is final and 
enforceable  
27. that the patent has been seized or distraint  
28. that an opposition  has been filed against the patent and the decision made in the opposition 
procedure  
29. that a request has been filed for administrative limitation or termination of the patent and the 
decision made in such proceedings  
30. that a request has been filed for an a dministrative review of the patent and the decision made in 
such proceedings,  
31. that a decision has been appealed against to the Board of Appeals of the Norwegian Industrial 
Property Office in accorda nce with section 26, section 39d or section 52 e of the Patents Act  
32. about a transfer or licence  
33. about the deposit of biological material in accordance with section 12  
34. whether the applicant’s, the patent holder’s, the representative’s or the licensee’s name, 
business name or address has been changed  
35. about  any new representative in the event of a change of representation.   
 36. any specifically stated address for correspondence with the applicant or patent holder, cf. 
sections 2a and 103.  
37. whether a correction of a translation has been submitted pursuant to the Patents Act section 21  
third paragraph sixth sentence or section 60  second paragraph fifth sentence, and, if a 
correction has been submitted, the date on which this was published  
Notification of amendments and changes in accordance with the second par agraph, nos. 32, 34 and 35, 
shall be given in a separate form drawn up by the Norwegian Industrial Property Office.  
Section 44.  Registration of Supplementary Protection Certificates  
The Norwegian Industrial Property Office registers supplementary protect ion certificates and applications 
for such certificates in the Register of Patents. The information recorded in the register shall be available 
to the public. The following information will be recorded in the register:  
1. the applicant’s name or business nam e and address as well as the representative’s name or 
business name and address if the applicant is represented by a representative , and also any 
specifically stated address for correspondence, cf. sections 64a and 2a   
2. the number and filing date for the ap plication for a supplementary protection certificate  
3. the original patent number  
4. the tit le of the invention  
5. the active substance or composition of active substances for which the application for a 
supplementary protection certificate is filed  
6. the number  and date of the marketing authorisation and the product as identified in the 
marketing authorisation  
7. the number and date of the first marketing authorisation in the EEA Area  
8. documents received and sent in the case  
9. paid fees, outstanding fees and any re imbursed fees  
10. the decisions that have been made in the case and the status of the case  
11. the date of the issue and publication of the certificate and the number of the certificate  
12. the period of validity for the certificate  
13. that the certificate has lapsed  and the reason for this.  
Section 45 . Registration of European Applications and Patents  
The Norwegian Industrial Property Office shall keep a separate register of European applications where 
the applicant has submitted a translation into Norwegian of the patent claims in accordance with the 
Patents Act section 66g  first paragraph. The information in the register is available to the public. The 
following information shall be entered in the register  
1. the application number assigned by the European Patent Office  
2. the applicant's name or business name and address, and the representative's name or business 
name and address if the applicant is represented by an authorised representative, and any address 
specifically stated for correspondence, cf. section 2a, cf. section 64a  
3. the date on which the translation of the patent claims was submitted and the date on which this 
was published  
4. the date on which a correction of the translation, if any, was submitted and the date on which this 
was published  
5. the filing date of the application and, if the application is a divisional European application, the date 
on which the divisional application was filed  
6. whether the case documents are available to the public  
7. information corresponding to the informatio n stipulated in section 43 second paragraph nos 7, 8 
and 15.  
If a translation is submitted and the fee is paid in accordance with the Patents Act section 66c  first 
paragr aph first sentence, information to this effect will be entered in the register of European 
applications, stating when the translation was submitted and the fee paid, as well as when the Norwegian 
Industrial Property Office published confirmation thereof. T he same applies to any correction of such a 
translation submitted before the patent is registered pursuant to the third paragraph.  
A European patent is registered in the Register of Patents when the European Patent Office has published 
its decision to gran t a patent and the patent holder has submitted a translation and paid the fee in 
accordance with the Patents Act section 66c  first paragraph first sentence. The following information shall 
be entered in the register:   
 1. the date on which the European Patent Office published its decision to grant a patent  
2. the date on which the translation was submitted and the fee paid, as well as the date on which the 
Norwegian Industrial Property Office published confirmation of this  
3. the filing date of the application and, if the application is a divisional European application, the date 
on which the divisional application was filed  
4. the date on which the case documents  became publicly available  
5. the information specified in section 34 nos 1 to 6 and 8 to 11 and section 43 second paragraph nos 
20 to 27, 29 to 32 and 34 to 35.  
When the European Patent Office has published its decision to revoke or amend a European patent that 
is valid in Norway, information about this shall be entered in the Register of Patents, stating the date of 
the publication. If the applicant submits a tra nslation and pays the fee in accordance with the Patents Act 
section 66c  first paragraph second sentence, cf. the first sentence, information to this effect will be 
entere d in the register, stating when the translation was submitted and the fee paid, as well as when the 
Norwegian Industrial Property Office published confirmation thereof. If a translation is not submitted and 
the fee is not paid in accordance with the Patents Act section 66c  first paragraph second sentence, cf. the 
first sentence, within the deadline pursuant to the Patents Act section 66c  first paragraph second 
sentence, cf. the first sentence, information to this effect will be entered in the register.  
If, pursuant to Article 112 a of the European Patent Convention, the European Patent Offic e has set aside 
a decision that concerns a European patent that is valid in Norway, information about this shall be 
entered in the Register of Patents, stating the date on which the decision was published.  
If a correction of a translation is submitted as m entioned in the third or fourth paragraph and the 
stipulated fee is paid, information about this shall be registered, stating when the correction was 
submitted and the fee paid, as well as when this was published.   
  
Chapter 10. Publications  
Section 46.  Publication of Information Available to the Public  
Publication in accordance with section 22, fourth paragraph, of the Patents Act shall contain the 
following:  
1. the application number  
2. the applicant’s name or bu siness name and address as well as the representative’s name or 
business name and address if the applicant is represented by a representative, and also any 
specifically stated address for correspondence, cf. section 2a  
3. the inventor’s name and address  
4. the classification of the application in accordance with the international classification system  
5. information about the filing date  
6. information about the international filing date  
7. the title of the invention  
8. if priority has been claimed: information about th e time and place for the filing of the priority -
based application and the application number  
9. information about any deposited sample of biological material  
10. information that the applicant has requested that a sample of deposited biological material shall 
only be handed over to a special expert  
11. information that a translation has been submitted as mentioned in the Patents Act section 60  
second paragraph first sentence, if this has been done.   
If the translation of the description or the patent claims has been amended before the expiration of the 
time limit in accordance with section 77 of these Regulations, but after the documents in the case have 
become availa ble to the public, notice hereof shall be published. Such publication must also contain the 
information stipulated in the first paragraph and information about the date on which the amended 
translation was received by the Norwegian Industrial Property Offi ce as well as in which issue of the 
Norwegian Patents Gazette (Norsk Patenttidende) previous publications of the application in accordance 
with section 22, fourth paragraph, of the Patents Act were published.  
If a translation as mentioned in the Patents Act section 60  second paragraph first sentence is submitted 
after the case documents have been made publicly available in accordance with the Patents Act section  
 22, this shall be publicly announced, cf. the Patents Act section 60  second paragraph se cond sentence. 
Such public announcement shall contain the information specified in the first paragraph nos 1 to 10. 
When a correction of a translation is submitted as mentioned in the Patents Act section 60  second 
paragraph first sentence, this shall be publicly announced, cf. the Patents Act section 60  second 
paragraph sixth sentence. The an nouncement shall contain information that a correction has been 
submitted, the submission date and the information specified in the first paragraph nos 1 to 10.   
 
Section 47 . Publication of the Grant of Patent  etc. 
Publication of the grant of a patent pursuant to the Patents Act section 21  shall include the information 
specified in section 34, with the exception of the cited publicati ons. 
The public announcement that a correction of translation has been submitted in accordance with the 
Patents Act section 21  third paragraph sixth sentence shall contain information that a correction has 
been submitted, the submission date and the date on which the fee was paid, as well as the information 
specified in section 34.   
 
Section 48.  Publication of Filed Oppositions  
Publication in accordance wi th section 24, sixth paragraph, of the Patents Act shall contain the following:  
1. the patent number and classification of the patent in accordance with the international 
classification system  
2. the patent holder ´s name or business name and address as wel l as any representative’s name or 
business name and address , and also any specifically stated address for correspondence, cf. 
section 2a  
3. the opponent’s name or business name and address as well as any representative’s name or 
business name and address ,  and also any specifically stated address for correspondence, cf. 
section  36, second paragraph, second sentence , cf section  2a 
4. the date of the opposition  
5. the issue of the Norwegian Patents Gazette in which the grant of patent was published.  
Section 49 . Publication of a Final Decision in Opposition Procedure  
Publication that the Norwegian Industrial Property Office has made a final decision in an opposition 
procedure, cf. section 25, fifth paragraph, of the Patents Act, shall contain information about:  
1. 1. the patent number and classification in accordance with the international patent classification 
system  
2. 2. the patent holder’s name or business name and address as well as any representative’s name 
or business name and address , and also any specifically st ated address for correspondence, cf. 
section 2a  
3. 3. the opponent’s name or business name and address as well as any representative’s name or 
business name and address , and also any specifically stated address for correspondence, cf. 
section 36, second parag raph, second sentence, cf. section 2a  
4. 4. the issue of the Norwegian Patents Gazette in which the grant of patent was published  
5. 5. the outcome of the opposition procedure  
6. 6. the date on which the decision became final.  
Section 50 . Publication of Administ rative Patent Limitation  
Publication in accordance with section 39 e of the Patents Act shall contain information about:  
1. the patent number and classification in accordance with the international patent classification 
system  
2. the patent holder’s name or b usiness name and address as well as any representative’s na me or 
business name and address, and also any specifically stated address for correspondence, cf. 
section  40, second paragraph, second sentence, cf.  section 2a  
3. the date of the decision on a request  for administrative patent limitation  
4. the issue of the Norwegian Patents Gazette in which the grant of patent was published  
5. the outcome of the limitation proceedings  
6. the date on which the decision was published.   
 Section 51 . Publication of Request for A dministrative Review  
Publication in accordance with section 52 b, fourth paragraph, of the Patents Act shall contain the 
following information:  
1. the patent number and classification in accordance with the international patent classification 
system  
2. the pa tent holder’s name or business name and address as well as any representative’s name or 
business name and address , and also any specifically stated address for correspondence, cf. 
section 2a   
3. the name or business name and address of the party requesting a n administrative review as well 
as any representative’s name or business name and address , and also any specifically stated 
address for correspondence, cf. section 41, second paragraph,  second sentence,  cf. section 2a   
4. the date of the request for an admin istrative review  
5. the issue of the Norwegian Patents Gazette in which the grant of patent was published.  
Section 52.  Publication of Decision in Administrative Review Proceedings  
Publication of a decision in administrative review proceedings, cf. section 52 d, fourth paragraph, of the 
Patents Act, shall contain information about:  
1. the patent number and classification in accordance with the international patent classification 
system  
2. the patent holder’s name or business name and address as well as any repre sentative’s name or 
business name and address , and also any specifically stated address for correspondence, cf. 
section 2a   
3. the name or business name and address of the party requesting an administrative review as well 
as any representative’s name or busin ess name and address , and also any specifically stated 
address for correspondence, cf. section 41, second paragraph, second sentence, cf. section 2a   
4. the date of the request for an administrative review  
5. the issue of the Norwegian Patents Gazette in which the grant of patent was published  
6. the outcome of the administrative review  
7. the date on which the decision was published.  
Section 53 . Publication of Supplementary Protection Certificate  
Publication of a supplementary protection certificate shall contain  the information stated in section 44, 
nos. 1 to 12.  
Section 54 . Publication of Changed Period of Validity for Supplementary Protection Certificate  
When a decision to change the period of validity for a supplementary protection certificate has become 
final, notice hereof shall be published. The publication shall contain the information stated in section 44, 
nos. 1 to 12, as well as the date of the decision on a change of the period of validity.  
Section 55 . Publication of European Applications and Europea n Patents, etc.  
Publication in accordance with section 66 g, first paragraph, of the Patents Act shall contain:  
1. information that a translation has been supplied  
2. the application number  
3. classification of the application  
4. the applicant’s name or business name and address as well as the representative’s name or 
business name and address if the applicant is represented by a representative , and also any 
specifically stated address for correspondence, cf. sections 64a and 2a   
5. the title of the invention  
6. information about the filing date of the application  
7. information about whether priority has been claimed and, if so, about the patent authority with 
which the claimed previous application was filed as well as the filing date and application number 
of this appl ication.  
Publication in accordance with section 66 c, third paragraph, first period, of the Patents Act shall contain:  
1. information that the patent is valid in Norway and the date on which the decision to grant the 
patent was published  
2. the information st ated in the first paragraph, nos. 2 to 7.  
Publication in accordance with section 66 c, third paragraph, second period, of the Patents Act shall 
contain:   
 1. information that the patent is valid in Norway in amended form and the date on which the 
decision to maintain the patent in amended form was published  
2. the patent number  
3. the patent classification  
4. the patent holder’s name or business name and address as well as the representative’s name or 
business name and address if the patent holder is represented by a representative , and also any 
specifically stated address for correspondence, cf. sections 64a and 2a  
5. the information stated in the first paragraph, nos. 5 to 7.  
Publication of a corrected translation of the patent claims in an application in accordance with section 66 
j, first paragraph, fourth period, of the Patents Act shall contain:  
1. information that a corrected translation has been supplied and the filing date for this  
2. the information stated in the first paragraph, nos. 2 to 7.  
Publication of a cor rected translation of a patent in accordance with section 66 j, first paragraph, third 
period, of the Patents Act shall contain:  
1. information that a corrected translation has been supplied and the filing date and date of 
payment of the fee  
2. the information  stated in the first paragraph, no. 5, and the third paragraph, nos. 2 to 4.  
Publication of revocation of a European patent in accordance with section 66 b, second paragraph, third 
period, of the Patents Act, cf. section 55, shall contain:  
1. information th at a decision has been made to revoke the patent and the date of the decision  
2. the information stated in the first paragraph, no. 5, and the third paragraph, nos. 2 to 4.  
If the European Patent Office decides on a re -establishment of rights despite a fail ure to meet a time 
limit, cf. section 66 k, first paragraph, of the Patents Act, and this will have the effect that an application 
or a patent will once again be valid in Norway or that the scope of the protection accorded by the patent 
in Norway will be e xtended, the Norwegian Industrial Property Office shall publish a notice hereof. The 
publication shall contain:  
1. information about the time limit that has been exceeded and a statement that it has been 
decided that this will not have any effect  
2. the inform ation stated in the first paragraph, nos. 2 to 7, if the decision concerns an application  
3. the information stated in the third paragraph, nos. 2 to 5, if the decision concerns a patent.  
Section 56 . Publication of a Decision on Re -establishment of Rights d espite a Failure to Meet a Time 
Limit  
Publication in accordance with section 66 c, first paragraph, fourth period, and section 74, first 
paragraph, of the Patents Act shall contain:  
1. information about the time limit that has been exceeded and a statement that it has been 
decided that this will not have any effect  
2. the information stated in section 43, second paragraph, nos. 1 to 3 and 5 to 8  and also 36 .  
Section 57 . Other Publications  
The Norwegian Industrial Property Office shall publish the following:  
1. notification of a transfer  
2. notification of a licence  
3. notification of a change of the applicant’s, the patent holder ’s, the representative’s or the 
licensee’s name or business name and address  and also of any specifically stated address for 
correspondence  
4. notification of appointment, change or deletion of representative  
5. notification that seizure or distraint has been levied  
6. notices in accordance with section 55 of the Patents Act.  
The publication shall contain information about the date on which the notif ication was received by the 
Norwegian Industrial Property Office.   
    
Chapter 11. European Patents  
Section 58. Filing of European Applications  
If a European application is filed with the Norwegian Industrial Property Office, the Norwegian Industrial 
Property Office shall:  
1. register the filing date  
2. send the applicant a confirmation that the application has been received  
3. notify the European Patent Office that the application has been filed  
4. forward the application to the European Patent Office, unless the  application is covered by 
Norwegian Act No. 8 of June 26, 1953 relating to Inventions of Importance to the Defence of the 
Realm.  
Section 59 . Translation of European Applications and European Patents  
When submitting a translation of the patent claims in a European application in accordance with the 
Patents Act section 66g  first paragraph, the application numbe r and the applicant's name or business 
name and address must also be provided. If such information is missing, the translation is deemed not to 
have been submitted.  
When submitting a translation in accordance with the Patents Act section 66c  first paragraph first 
sentence, the application number and the patent holder's name or business name and address must also 
be provided. When submitting a translation in accordance with the Patents Act section 66  first paragraph 
second sentence, cf. the first sentence, the patent number and the patent holder's name or the business 
name and address must als o be provided. If information specified in the first or second sentences is 
missing, the translation is deemed not to have been submitted.   
 
Section 60.  Correction of Tr anslation in accordance with Section 66 j of the Patents Act  
The correction of a translation in accordance with section 66 j of the Patents Act shall be done by the 
filing of a new translation with a clear statement of the corrections made. Information ab out the patent 
number or the application number as well as the applicant’s or the patent holder’s name and address 
shall be provided together with the corrected translation.  
If the requirements in accordance with the first paragraph have not been complied  with, the corrected 
translation will be regarded as not having been supplied.  
Section 61 . Request for Conversion into a National Application  
If the Norwegian Industrial Property Office receives a request for conversion of the application into a 
national  application in accordance with Article 135 (2) of the European Patent Convention, the Norwegian 
Industrial Property Office shall immediately forward the request for conversion and a copy of the 
application to the states listed in the request.  
Section 62 . Forwarding of a Converted European Application to the Norwegian Industrial Property Office  
If a European application that has been converted into a national application is forwarded to the 
Norwegian Industrial Property Office in accordance with Article 1 35 (2) of the European Patent 
Convention, the Norwegian Industrial Property Office shall notify the applicant as soon as possible that 
the application has been received.  
The applicant must provide the Norwegian Industrial Property Office with a translation of the application 
into Norwegian or English, or a copy of the application if it is in English, within three months of the 
notification mentioned in the first sentence h aving been sent.   
 
Section 63 . Basic Documents for a Converted European Application  
The basic documents for a European application that has been converted into a national application are 
the description of the invention wit h accompanying drawings and patent claims, which shall be filed in 
Norwegian or English no later than at the same time as the translation of the application is submitted or 
is deemed to have been submitted, cf. section 62 second paragraph. If the descripti on with 
accompanying drawings and patent claims is not filed in Norwegian or English at the latest on the date 
when the application was or shall be deemed to have been filed, the first description with accompanying 
patent claims that is subsequently submit ted in Norwegian or English will be regarded as the basic  
 documents insofar as the contents are clearly stated in the documents that were available when the 
application was filed.   
 
Section 64 . Abstract fo r a Converted European Application  
If the European Patent Office has determined the abstract for a European application that has been 
converted into a national application, this shall be approved as an abstract when the application is 
processed in Norway.   
 Section 64a.  Address for correspondence  
Section 2a applies correspondingly to correspondence with the applicant or the holder  of a European 
patent.  
Chapter 12. International Patent Applications  
Section 65.  The Norwegian Industrial Property Office as the Receiving Office  
The Norwegian Industrial Property Office is the receiving Office for international applications that are filed 
by:  
1. Norwegian nationals;  
2. persons domiciled in Norway;  
3. persons having an industrial or commercial establishment in Nor way; and  
4. Norwegian legal persons.  
If an international application is filed jointly by several applicants, the Norwegian Industrial Property 
Office shall be the receiving Office for the application if at least one of the applicants meets the 
requirements of the first paragraph.  
The Norwegian Industrial Property Office shall receive, check and forward international applications in 
accordance with the Patent Cooperation Treaty of June 19, 1970 and the Implementing Regulations to 
the Treaty. However, such ap plications shall not be forwarded in contravention of the provisions in 
Norwegian Act No. 8 of June 26, 1953 relating to Inventions of Importance to the Defence of the Realm. 
At the applicant’s option, the International Searching Authority and the Internat ional Preliminary 
Examining Authority for a preliminary report on patentability for international applications in which the 
Norwegian Industrial Property Office is the receiving Office shall be the Nordic Patent Institute, the 
Swedish Patent and Registrati on Office or the European Patent Office.  
Section 66 . Filing of International Applications  
An international application shall be filed with the Norwegian Industrial Property Office using a separate 
application form. The applicant shall fill in the form wi th appendices in printed letters. The application 
shall be drawn up in Norwegian or English. The application shall comply with the requirements stipulated 
in the Patent Cooperation Treaty and the Implementing Regulations to the Treaty.  
Section 2a applies correspondingly.   
Section 67.  Separate Register of International Applications  
As a receiving Office, the Norwegian Industrial Property Office shall keep a separate register of filed 
international applications. The register will not be available to the pub lic for inspection.  
Section 68.  Priority Claim in International Applications  
The applicant may claim priority in accordance with section 6 of the Patents Act, cf. Article 8 of the 
Patent Cooperation Treaty and the Implementing Regulations to the Treaty, Rule 4 (10) and (26), on the 
basis of the first application that describes the invention if it was filed in a state that is a party to the 
Paris Convention on Protection of Industrial Property of March 20, 1883, the Agreement Establishing the 
World Trade O rganization (WTO) of April 15, 1994, or the European Patent Convention. The same shall 
apply to an application filed with a regional patent authority if this is equated with the filing of a national 
application in accordance with the legislation in a state  that is a party to the Paris Convention or in 
accordance with a bilateral or a multilateral agreement entered into between states that are parties to 
the Paris Convention. The provisions in sections 14 and 15 shall apply correspondingly.   
 A priority claim  shall either be included in the international application when the application is filed with 
the Norwegian Industrial Property Office or be forwarded within four months from the filing date of the 
international application. The claim shall contain informa tion about the patent authority with which the 
claimed application was filed, the date on which it was filed and the application number. If the application 
number is not known when the priority claim is filed, the number shall be forwarded as soon as the 
applicant gets knowledge hereof. If the claimed application is a regional application, the claim shall also 
contain information about the authority that is responsible for granting patents under the regional 
scheme. If all the states under the regional sche me are not parties to the Paris Convention or the WTO 
Agreement, the claim shall also mention one state that participates in the scheme and that is a party to 
the Paris Convention or the WTO Agreement. If the priority claim does not meet the requirements 
stipulated in the present paragraph, the Norwegian Industrial Property Office shall grant the applicant a 
time limit of four months from the international application date in which to correct the deficiencies in the 
claim.  
The applicant may correct or add a priority claim by written notification to the Norwegian Industrial 
Property Office or the International Bureau of the World Intellectual Property Organization within a time 
limit of 16 months from the priority date. If the correction or addition will cau se a change of the priority 
date, the 16 months time limit shall be computed as from whichever priority date expires first. In 
connection with a request for correction or addition that will result in a change of the priority date, the 
written notification must be submitted within four months from the international application date. The 
applicant shall not be entitled to make corrections or additions if the application has become available to 
the public because the applicant has requested early publication.  
Section 69 . Priority Document  
If priority has been claimed in accordance with section 68, the applicant shall file a priority document 
with the Norwegian Industrial Property Office or the International Bureau in accordance with Rule 17.1 
(a) of the Imple menting Regulations to the Patent Cooperation Treaty.  
If the Norwegian Industrial Property Office is to issue a priority document, the applicant may request the 
Norwegian Industrial Property Office to transfer the document to the International Bureau in a ccordance 
with Rule 17.1 (b) of the Implementing Regulations to the Patent Cooperation Treaty. If the priority 
document is available to the Norwegian Industrial Property Office from an electronic register, the 
applicant may request that the Norwegian Indus trial Property Office shall transfer the priority document 
electronically to the International Bureau. The applicant may also request that the International Bureau 
shall transfer a priority document that is available to the International Bureau from an ele ctronic register 
to the Norwegian Industrial Property Office.  
Section 70.  Information about Deposited Biological Material  
If biological material has been deposited, the applicant shall provide the International Bureau with 
written information about the d epositary institution with which the biological material was deposited and 
the reference number that this institution has accorded the biological material unless this information has 
been provided in the application. The information shall be provided not l ater than 16 months after the 
application date or the date from which priority is claimed. If the applicant requests early publication of 
the international application in accordance with Article 21 (2) (b) of the Patent Cooperation Treaty, the 
information shall be provided not later than concurrently with the request for publication.  
Section 71 . Application of the Rules in the Regulations to International Applications  
Unless otherwise stipulated in the provisions in this Chapter, the other provisions in the Regulations, with 
the exception of Chapter 11, shall also apply to international applications that enter the national phase 
pursuant  to the Patents Act section 31  or are accepted for processing pursuant to the Patents Ac t section 
38.  
 
Section 72 . Language for Entry into the National Phase or Review of International Applications  
If an international applic ation is in another language than Norwegian or English, a translation into 
Norwegian or English shall be submitted if the application enters the national phase pursuant to the 
Patents Act section 31  or if a request is filed for a review in accordance with the Patents Act section 38 . 
Section 5 shall apply correspondingly. If only parts of the international application en ter the national 
phase in Norway, the Norwegian Industrial Property Office may decide that only these parts of the 
application shall be translated. In such case, the applicant shall provide a declaration that clearly states 
the parts that are not covered b y the translation and the reason why these parts have been left out.  
 
Section 73 . Division of an International Application Comprising a Plurality of Inventions  
If an applicant applies for protection of an independent invention stated in an international a pplication, 
the application must be divided  in accordance with section 22 and a new application fee must be paid 
even if an additional fee has been paid in accordance with section 36, first paragraph, of the Patent Act.   
 Section 74.  Notice to the Internat ional Bureau  
If an international application enters the national phase in accordance with section 31 of the Patents Act 
and, on expiration of the time limit for this, the Norwegian Industrial Property Office has not registered 
that the International Burea u has received the application, the Norwegian Industrial Property Office shall 
notify the Bureau hereof.  
Section 75.  Abstract and Basic Documents for International Applications that Enter into the National 
Phase, etc.  
If a copy of the application that is  being relied on as a basis for priority has been filed with the 
International Bureau, the Norwegian Industrial Property Office may only request a copy and a translation 
hereof if this is in accordance with Rule 17 (2) of the Implementing Regulations to th e Patent 
Cooperation Treaty.  
If there is an abstract approved by an International Searching Authority for an international application, 
the abstract must be approved as an abstract when the application is processed in Norway. If there is no 
such abstract,  the Norwegian Industrial Property Office shall determine the abstract. Section 11 shall 
apply correspondingly to such determination of an abstract.  
For international applications that enter the national phase pursuant to the Patents Act section 31  and 
that are in Norwegian or English, the copy of the description,  with accompanying drawings and patent 
claims, that has been submitted in accordance with the Patents Act section 31 , is regarded as the basic 
document . If a translation is required for e ntry of the international application into the national phase, 
the translation of the description with accompanying drawings and patent claims that have been filed in 
accordance with section 31 of the Patents Act shall instead be regarded as the basic docu ments. If 
amendments have been made to the translation within the time limit stipulated in section 77 of these 
Regulations, the amended translation shall be regarded as the basic document. If a patent has been 
granted with the patent holder’s consent befor e the expiration of the time limit in accordance with 
section 77, the description with accompanying drawings and patent claims in their form on the date on 
which the patent was granted shall be regarded as the basic documents. The same shall apply if the 
application has been rejected before the expiration of the time limit stipulated in section 77.  
Section 4 shall apply correspondingly to what will be regarded as basic documents in an application that 
is accepted for processing in accordance with section 3 8 of the Patents Act.  
Section 76 . Novelty Search of International Applications  
Section 30 shall not apply if the application has been the subject -matter of an international preliminary 
patentability examination and a preliminary patentability report has been submitted to the Norwegian 
Industrial Property Office, cf. section 69, third paragraph, second period, of the Patents Act.  
A written opinion on points of fact regarding an international application cannot be submitted without the 
applicant’s consent before the expiration of the time limit stipulated in section 77.  
Section 77 . Time Limit for the Date for First Decision on International Applications  
The Norwegian Industrial Property Office cannot decide an international application, cf. section 34 of the 
Patents Act, until four months after the expiration of the time limit stipulated in section 31, first 
paragraph, of the Patents Act unless the applicant so requests.  
Section 78 . Time Limit for Review in accordance with Section 38 of the Patents Act  
The time limit for requesting a review in accordance with section 38 of the Patents Act is two months 
from when notification of a decision in accordance with section 38, first paragraph, of the Patents Act 
was sent to the applicant. Article 25 (1) of the Patent Cooperation Treaty shall apply correspondingly.  
  
Chapter 13. Supplementary Protection Certificates  
Section 79 . Definitions  
The following definitions provided below shall apply in this Chapter:  
1. certificate: a supplementary protection certificate f or medicinal products or plant protection 
products  
2. The Medicinal Products Regulation: Annex XVII, item 6, to the Agreement Establishing the 
European Economic Area (Council Regulation (EEC) No. 1768/92 of June 18, 1992 concerning 
the creation of a suppleme ntary protection certificate for medicinal products with adaptations to  
 the EEA Agreement) including the amendments and additions provided in Protocol 1 to the 
Agreement and elsewhere in the Agreement  
3. The Plant Protection Products Regulation: EEA Agreemen t, Attachment XVII article 6a 
(Regulation (EC) No. 1610/96 of the European Parliament and of the Council of July 23, 1996 
concerning the creation of a supplementary protection certificate for plant protection products) 
with the amendments and additions tha t follow from Protocol 1 to the Agreement and from the 
Agreement in general.  
Section 80 . Application for a Certificate  
An application for a certificate shall be filed with the Norwegian Industrial Patent Office on a separate 
application form. The applica nt shall fill in the form and the appendices in printed  letters. The application 
must be signed by the applicant or the applicant’s representative. Section 2a applies correspondingly.  If 
the applicant has applied for a certificate for the same product in o ther EEA Member States, the applicant 
shall state the application numbers and application authorities in addition to the information that must be 
disclosed in the application in accordance with Article 8 of the Medicinal Products Regulation or Article 8 
of the Plant Protection Products Regulation.  
The application shall be in Norwegian  or English . If an appendix to the application is in another language, 
a translation hereof shall be enclosed. The Norwegian Industrial Property Office may require that  the 
translation shall be certified by a translator or be approved in some other way by the Norwegian 
Industrial Property Office. The Norwegian Industrial Property Office may grant an exemption from the 
obligation to supply a translation.  
If the certific ate is applied for jointly by several applicants, and one of the applicants is to be authorised 
to receive notifications on all the applicants’ behalf, this shall be stated in the application.  
Section 81 . Amendments to an Application for a Certificate  
An application for a certificate cannot be amended so that a certificate is applied for regarding another 
product or another original patent.  
Section 82 . The Norwegian Industrial Property Office’s Information about the Processing of the 
Application, etc.  
The Norwegian Industrial Property Office shall examine the Register of Certificates to check that the 
requirement in Article 3 (c) of the Medicinal Products Regulation or Article 3 (1) (c) of the Plant 
Protection Products Regulation has been complied with.  
Before a supplementary protection certificate for medicinal products may be issued, confirmation must 
have been obtained from the Norwegian Medicines Agency that the marketing authorisation stated in 
Article 3 (b) of the Medicinal Products Regulation is t he first that has been granted to market the product 
as a medicinal product in Norway. Before a supplementary protection certificate for plant protection 
products may be issued, confirmation must have been obtained from the Norwegian Food Safety 
Authority that the marketing authorisation mentioned in Article 3 (1) (b) of the Plant Protection Products 
Regulation is the first authorisation that has been granted to market the product as a plant protection 
product in Norway.  
The rules in section 15, first and third paragraphs, and section 16 of the Patents Act shall apply 
correspondingly to time limits stipulated in Article 10 (3) of the Medicinal Products Regulation and Article 
10 (3) of the Plant Protection Products Regulation.  
Section 27a first paragraph applies correspondingly to the processing of applications for cert ificates.   
 
Section 83 . Contents of the Ce rtificate  
A certificate shall contain the information stipulated in section 44, nos. 1 to 12.  
An amended certificate shall contain the information stipulated in section 54.  
Section 84.  Request for Change of the Period of Validity  
Anyone may submit a wr itten request to the Norwegian Industrial Property Office regarding a change of 
the period of validity for an issued certificate. The request shall contain:  
1. the name and address of the requester   
 2. information about the certificate number or the original pa tent number  
3. the grounds on which the request is based.  
The Norwegian Industrial Property Office shall reject a request that does not comply with the 
requirements in the first paragraph.  
If a request has been filed by another party than the certificate h older, section 37 shall apply 
correspondingly.  
If the period of validity is changed, the Norwegian Industrial Property Office shall issue a new certificate, 
notify the requester and make an entry on this in the register. If the period of validity is not c hanged, 
the Norwegian Industrial Property Office shall notify the requester hereof. The notification shall contain 
information about the requirements for appeal proceedings for appeals brought before the Board of 
Appeals of the Norwegian Industrial Propert y Office and an inquiry about whether the requester wishes to 
maintain the request.  
Section 2a and the Patents Act section 24  seventh paragraph apply correspondingly.   
 
Section 85 . Right of Appeal  
If an application for a certificate is rejected or shelved, the applicant may lodge an appeal with the Bo ard 
of Appeals of the Norwegian Industrial Property Office. Section 27, first and second paragraphs, of the 
Patents Act shall apply correspondingly.  
A rejection of a request for a change of the period of validity for a certificate will be examined by the 
Board of Appeals of the Norwegian Industrial Property Office if, within two months from when notification 
was received that the request has been rejected, the party against whom the Norwegian Industrial 
Property Office’s decision has gone:  
1. notifies the No rwegian Industrial Property Office in writing that the party in question is 
maintaining the request  
2. pays the prescribed fee.  
Section 22, fifth and sixth paragraphs, of the Patents Act shall apply correspondingly to documents that 
are submitted to the Boa rd of Appeals of the Norwegian Industrial Property Office.  
Section 86 . Legal Actions  
If the Board of Appeals of the Norwegian Industrial Property Office rejects an application for a certificate, 
the applicant may bring the decision before the courts. Sec tion 27, third paragraph, of the Patents Act 
shall apply correspondingly.  
If the Board of Appeals of the Norwegian Industrial Property Office has rejected a request for a change of 
the period of validity for a certificate, the certificate holder may bring  the decision before the courts 
within two months from when notification of the decision was sent to the certificate holder in question. 
The time limit for bringing legal action shall be stated in the notification. No other parties than the 
certificate hol der may bring before the courts the decision to reject a request for a change of the period 
of validity for a certificate.  
Anyone may bring a legal action before the courts in order to have an issued certificate declared invalid. 
The party who brings a le gal action for invalidity shall concurrently notify the Norwegian Industrial 
Property Office hereof. Section 64 of the Patents Act shall apply correspondingly.  
Section 87 . Representative of the Certificate Holder  
(Repealed 1. July 2010 by FOR-2010-06-25-937) 
   
Chapter 14. Definition of Plant Variety. The Agricultural Exemption   
 Section 88 . Definition of Plant Variety  
In the Patents Act and these Regulations, plant variety shall mean any plant grouping within a single 
botanical taxon of the lowest known rank, which  
1. can be defined by the expression of the characteristics that results from a given genotype or 
combination of genotypes,  
2. can be distinguished from any other plant grouping by the expression of at least one of the said 
characteristics, and  
3. can be considered as a unit with regard to its suitability for being propagated unchanged.  
The expression of characteristics in accordance with the first paragraph, no. 1, can be invariable or 
variable between plant variety constituents of the same type, pro vided that the variation level is also a 
result of the genotype or combination of genotypes.  
Section 89.  Right to Use Plant -Propagating Material  
A farmer’s right to use plant -propagating material in accordance with section 3 b, first paragraph, of the 
Patents Act shall only apply to the following plant varieties:  
1. Forage plants: Cicer arietinum L. (chickpeas), Lupinus luteus L. (yellow lupin), Medicago sativa 
L. (lucerne), Pisum sativum L. (garden peas), Trifolium alexandrinum L. (alexandrine clover), 
Trifolium resupinatum L. (Persian clover), Vicia faba (fava bean) and Vicia sativa L. (garden 
vetch)  
2. Grain varieties: Avena sativa (oat), Hordeum vulgare L. (barley), Oryza sativa L. (rice), Phalaris 
canariensis L. (canary grass), Secale cereale L. (rye), X Triticosecale Wittm. (rye wheat), 
Triticum aestivum L. emend. Fiori et Paol. (wheat), Triticum durum Desf. (durum wheat) and 
Triticum spelta L. (spelt wheat)  
3. Potatoes: Solanum tuberosum (potatoes)  
4. Oil and fibre plants: Brassica napus L. - partim - (rape) , Brassica rapa L. - partim - (field 
mustard) and Linum usitatissimum (common flax).  
Section 90.  Fee for Exercise of Right in accordance with Section 3 b, First Paragraph, of the Patents Act  
No fee shall be payable for the exercise of the right in accord ance with section 3 b, first paragraph, of the 
Patents Act if the propagating material is used on small farms. Small farms are farms that:  
1. do not cultivate potatoes in an area that exceeds the area necessary to produce 185 tonnes of 
potatoes per harvest, irrespective of the size of the area in which the farmer may cultivate other 
plants than potatoes  
2. do not cultivate forage plants for a period of more than five years in an area that exceeds the 
area necessary to produce 92 tonnes of grain per harvest, irr espective of the size of the area in 
which the farmer may cultivate other plants than forage plants  
3. do not cultivate the other plant varieties mentioned in section 89 of these Regulations in an area 
that exceeds the area necessary to produce 92 tonnes of grain per harvest, irrespective of the 
size of the area in which the farmer may cultivate other plants.  
Other farmers shall pay the rights holder a reasonable fee, which shall be significantly lower than the 
amount that may be charged for a licence to pro duce propagating material of the same type in the same 
area. Unless otherwise agreed, the fee shall correspond to 50 per cent of the amount that is charged for 
a licence of the type mentioned in the first period of this paragraph.  
A farmer shall not pay a  fee for use of breeding animals or other animal -propagating material in 
accordance with section 3 b, second paragraph, of the Patents Act.  
Section 91 . Duty to Disclose Information  
Unless otherwise agreed, the farmer shall, on request, provide the rights  holder with information that is 
relevant for determining whether the requirements for applying the agricultural exemption in accordance 
with section 3 b, first paragraph, of the Patents Act, cf. sections 90 and 89 of these Regulations, have 
been complied with and for charging any fee in accordance with section 90, second paragraph. The 
information provided by the farmer shall include:  
1. the quantity of plant -propagating material that the farmer may have used in pursuance of 
section 3 b, first paragraph, of the Patents Act  
2. the enterprise that may have produced the plant -propagating material for the farmer on the 
basis of the farmer’s harvested products (the processing enterprise).   
 Unless otherwise agreed, the processing enterprise shall, on request, provide  the rights holder with 
information about the quantity of harvested products that the processing enterprise may have processed 
for the farmer and about the total quantity of plant -propagating material that has been produced on the 
basis of the harvested pr oducts. The right to request information shall only apply to information from the 
current production year and the three previous years.  
    
Chapter 15. The Ethics Committee in Patent Cases  
Section 92.  Request for an Advisory Statement  
If the Norwegian I ndustrial Property Office is in doubt about whether section 1 b of the Patents Act 
prevents the acceptance of an application or about whether a patent has been granted in contravention 
of this provision, the Norwegian Industrial Property Office shall reque st an advisory statement from the 
Ethics Committee in Patent Cases, cf. section 15 a, section 25, third paragraph, and section 52 d, first 
paragraph, second period, of the Patents Act.  
The request for an advisory statement shall be in writing and the grou nds on which the request is filed 
shall be given. The Norwegian Industrial Property Office shall send a copy of the request to the parties to 
the proceedings, who shall be granted a time limit of one month in which to submit written comments to 
the Ethics Committee in  
Patent Cases. The time limit may be extended by the Norwegian Industrial Property Office or the Ethics 
Committee if this is found to be reasonable.  
Section 93 . Organisation of the Ethics Committee  
The Ethics Committee in Patent Cases shall consist of five members with personal deputy members. The 
Ethics Committee shall be organised as a committee under the National Committee for Research Ethics in 
Science and Technology (NENT).  
The members and deputy members of the Ethics Committee, includi ng a Chairman of the Ethics 
Committee, shall be appointed by the Ministry of Education and Research, following nominations from the 
National Committees for Research Ethics, for a term of four years. No person may serve as a member of 
the Ethics Committee f or more than two consecutive terms.  
A member or a deputy member may be released from his or her duties by the Ministry of Education and 
Research before the end of the term at his or her own request or in the event of material breach of his or 
her duties a s a committee member.  
Section 94 . Rules of Procedure for the Ethics Committee  
Cases that are brought before the Ethics Committee in Patent Cases shall be heard by the full Ethics 
Committee unless the Chairman of the Ethics Committee finds, based on the n ature of the case, that 
three members will be sufficient. The members of the Ethics Committee shall endeavour to present a 
joint advisory statement. The advisory statement shall be a written and reasoned statement.  
The Ethics Committee’s advisory statemen t shall be sent to the Norwegian Industrial Property Office with 
a copy to the parties to the proceedings, who shall be given a time limit of one month in which to submit 
written observations to the Norwegian Industrial Property Office. The time limit may be extended by the 
Norwegian Industrial Property Office if this is found to be reasonable.  
Section 95 . Right of Access to Inspect Documents  
The documents in cases for the Ethics Committee in Patent Cases are covered by the Norwegian Freedom 
of Informatio n Act, but to the effect that the documents in cases for the Ethics Committee will only be 
made available to the public concurrently with the Norwegian Industrial Property Office’s documents in 
the case in question, cf. section 22, first to third paragraph s, of the Patents Act. The duty of secrecy in 
accordance with section 13 of the Norwegian Public Administration Act shall not comprise information 
that concerns the invention after the documents in the case have become available to the public in 
accordance  with section 22, first to third paragraphs, of the Patents Act.  
  
Chapter 16. Compulsory Licence and Exhaustion   
 Section 96 . Request for a Compulsory Licence  
Anyone who submits a request for a compulsory licence to the Norwegian Competition Authority in  
accordance with section 50 a of the Patents Act shall, on demand, pay a fee of NOK 10,000 to the 
Norwegian Competition Authority. If the fee is not paid within the time limit set by the Norwegian 
Competition Authority, the request for a compulsory licence  shall be rejected.  
Section 97 . Compulsory Licence to Manufacture and Export Products  
If the requirements in section 98 have been complied with, a producer of pharmaceutical products in 
Norway shall, on request, be granted a compulsory licence in accorda nce with section 47 of the Patents 
Act to manufacture and export pharmaceutical products to an eligible importing state that has requested 
the producer to supply the products. An eligible importing state shall be a state or a customs territory 
that meets t he following requirements:  
1. the state or territory is among the least developed states or territories according to the UN’s 
classification at the time in question or has insufficient manufacturing capacity in accordance 
with the Annex to the WTO’s General Council Decision of August 30, 2003 (the WTO Medicines 
Decision)  
2. the state or territory has notified the WTO’s TRIPS Council in accordance with the WTO Medicines 
Decision, paragraphs 1 (b) and 2 (a).  
If the state is not a party to the WTO Agreement, the notification in accordance with the first paragraph, 
no. 2, shall be given to the Norwegian Ministry of Foreign Affairs.  
Section 98 . Requirements for Compulsory Licence to Manufacture and Export Products  
A compulsory licence in accordance with section 97  will only be granted if the following requirements 
have been complied with:  
1. efforts have been made to obtain a licence on reasonable business terms by agreement in 
Norway, in so far as this is required in accordance with section 49, first paragraph, of t he 
Patents Act  
2. the product is covered by the WTO Medicines Decision, paragraph 1 (a)  
3. the product will exclusively be manufactured for export to the eligible importing state in order to 
cover said state’s current need for the product for health purposes, as described in the 
notification stipulated in section 97 of these Regulations  
4. the invention is not protected by a patent in the eligible importing state or the eligible importing 
state has granted or has undertaken proceedings to obtain a compulsory lice nce in accordance 
with Article 31 of the Agreement on Trade -related Aspects of Intellectual Property Rights of April 
15, 1994 (the TRIPS Agreement) and the WTO Medicines Decision.  
When assessing of what constitutes reasonable business terms in accordance with section 49, first 
paragraph, of the Patents Act and when determining the prescribed fee payable in accordance with 
section 50, second paragraph, of the Patents Act, the economic value to the importing state of the 
exploitation of the invention shall b e taken into account.  
More detailed terms and requirements for granting a compulsory licence may be imposed in the decision 
to grant the licence, cf. section 50, second paragraph, of the Patents Act. This shall include terms and 
requirements stipulating:  
1. that the packaging and container shall be clearly distinguishable from those of products being 
offered for sale in Norway or in another state by the patent holder himself or with the patent 
holder’s consent  
2. that the products shall be labelled so that it is clearly shown that the medicinal product has been 
manufactured on the basis of a compulsory licence in Norway for export to a specified importing 
state in accordance with the WTO Medicines Decision  
3. that the manufacture and export shall cease if the com pulsory licensee learns that the products 
are being used to an appreciable degree for purposes that are not in accordance with the terms 
and requirements for granting the compulsory licence, cf. the first paragraph, no. 3.  
Section 99 . Notification of Gran t of Compulsory Licence to Manufacture and Export Products  
The competent court or the Norwegian Competition Authority shall notify the TRIPS Council about the 
compulsory licence in accordance with the WTO Medicines Decision, paragraph 2 (c). If the state is not a 
party to the WTO Agreement, the notification shall be given to the Norwegian Ministry of Foreign Affairs.   
 The compulsory licensee shall post information on his website in accordance with the specifications in the 
WTO Medicines Decision, paragraph  2 (b) (iii).  
Section 100 . Limited Exhaustion for Medicinal Products Marketed in Individual EEA Member States  
A patent holder may refuse exploitation in Norway of patented medicinal products that have been 
brought on the market in Bulgaria, Estonia, Kroatia, Latvia, Lithuania, Poland, Rumania, Slovakia, 
Slovenia, the Czech Republic or Hungary by the patent holder himself or with the patent holder’s consent 
if patent protection or a supplementary protection certificate cannot be obtained for the medicinal 
product in the country in question at the time at which the application for such protection was filed in 
Norway, cf. section 3, third paragraph, no. 2, of the Patents Act.  
Anyone who wishes to import into Norway a patented medicinal product in accordance with the first 
paragraph shall notify the patent holder or his successor in title hereof not later than one month before 
the application for a marketing licence is filed, cf. section 4 -8 b of Regulations No. 1559 of December 22, 
1999 relating to medicinal products.  
   
Chapter 17. Miscellaneous Provisions  
Section 101 . Spare Parts and Accessories for Aircraft  
Notwithstanding any granted patent, spare parts and accessories for aircraft may be imported into 
Norway and used in Norway for the repair of aircraf t registered in a foreign state that is a party to the 
Convention on International Civil Aviation of December 7, 1944 (the Chicago Convention) and that is 
either a party to the Paris Convention on Protection of Intellectual Property of March 20, 1883, or h as 
patent legislation that recognises inventions made by nationals of another state that is a party to the 
Chicago Convention and that provides such inventions with a level of protection that is essentially in 
conformity with the protection provided under the Paris Convention.  
Section 102 . Document formats, filing dates, time limits and fees   
Applications and ot her documents may be submitted o n paper or electronically pursuant  to the 
Regulation Relating to Fees to the Norwegian Industrial Property Offic e, etc.  
Provisions concerning time limits, fees and when a document shall be considered submitted with the 
effect that a time limit is interrupted, are set forth in the Regulation Relating to Fees to the Norwegian 
Industrial Property Office, etc.  
Section 10 3. Address for correspondence with the paten t holder   
Section 2a applies correspondingly to correspondence with the patent holder  and the holder of a 
supplementary protection certificate  for medicinal products or plant protection products . 
Section 104. Submitted Models   
Submitted models will be stored in the Norwegian Industrial Property Office throughout the application 
period and the life of the patent and for up to five years after the termination of the patent.  
Submitted models shall be regarde d as case documents, and any member of the public shall be entitled 
to inspect these models at the Norwegian Industrial Property Office, and, in so far as this is practically 
possible, be entitled to obtain copies or pictures hereof on a suitable medium.  
A submitted model may only be demanded returned if it is not of importance to the assessment of 
patentability. If a model has been submitted to the Norwegian Industrial Property Office and the holder  
has not requested that the model be returned before the time stipulated in the first paragraph, the 
Norwegian Industrial Property Office shall decide what action to take regarding this model.  
Section 105 . Language Requirements for Subsequent Documents  
Documents that concern granted patents, including documents in opposition procedures, administrative 
reviews or appeal proceedings shall be in Norwegian, Danish or Swedish. Documents conce rning 
administrative patent limitation proceedings may, in addition to the languages mentioned in the first 
sentence, be in English if the patent that the petition for limitation concerns is in English. If a document 
is in another language, the Norwegian I ndustrial Property Office or the Board of Appeal for Industrial 
Property Rights may require that a translation into Norwegian be submitted within a deadline stipulated 
by the Norwegian Industrial Property Office or the Board of Appeal for Industrial Proper ty Rights. The  
 Norwegian Industrial Property Office or the Board of Appeal for Industrial Property Rights may demand 
that the translation be certified by a government authorised translator.  
The Norwegian Industrial Property Office or the Board of Appeal fo r Industrial Property Rights may, in 
individual cases, accept another language than those mentioned in the first paragraph.  
 
Section 105a.  Cooperation on the Use of Written Opinions on Patentability  
The Norwegian Industrial Property Office may establish cooperation with another patent authority that 
entails giving priority to the processing of applications receive d by the one patent authority insofar as the 
patent application concerns a claim that the other patent authority has declared patentable.  
 
Section 106 . Entry into Force, etc.   
The Regulations shall enter into force on January 1, 2008. Regulations No. 1162 of December 20,  1996 
to the Patents Act and Regulations No. 1263 of December 23, 1996 Amending the Patents Act and the 
Patent Regulations shall be repealed with effect as from the above date.  
The processing of applications for which a decision has been made to make them  available to the public 
for inspection before January 1, 1997 shall be concluded in accordance with the rules of procedure that 
applied until January 1, 1997.