Regulations to the Norwegian Patents Act (The Patent 
Regulations) 
 
Regulation no 1417 of 14 December 2007 : Regulation to the Norwegian Patents Act (The Patent 
Regulations)  
DATE: FOR-2007 -12-14-1417  
MINISTRY: NFD (Ministry of Justice and Public Security)   
PUBLISHED: I 201 4 part 4  
ENTRY INTO FORCE: 01/04/2014   
NORWEGIAN TITLE: Forskrift FOR-2014 -03-26-333 om betalinger mv. til Patentstyret og 
Klagenemnda for industrielle rettigheter  
ENTRY INTO FORCE OF LAST AMENDING REGULATION:  01/08/2017   
 
This is an unofficial translation of Regulations to the Norwegian Patents Act (The Patent Regulations)  
Should there be any differences between this translation and the authentic Norwegian text, the authentic 
Norwegian text will prevail.  
 
 
 
Chapter 1. National Patent Applications 
 
Section 1. Formal Requirements 
A patent application sh all be filed using a se parate application form. The applicant shall 
fill in the f orm and ap pendices in printed letters. 
Section 2. Contents of the Application 
The application sh all contain the fo llowing: 
 
1.   the inventor’s name and address, the applicant’s name or business name and 
address as well as 
any repre sentative’s name or business name and ad dress 
2.   (repe aled 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 sub ject matter for which protection by the patent is sought 
(patent clai ms) 
6.   an abstract in accordance with sect ion 11  
7.   information about wh ether the application com prises deposited biological material 
in accordance w ith section 8a of the P atents Act 
8.   information about the providing country and the count ry of o rigin for 
biological material in accordance w ith sect ion 8b  of the P atents Act 
9.   information about obtained consent for use of biological material from the  
human body in accordance w ith sect ion 8c  of the P atents Act 
10. information about the international application numb er and filing date, and any 
claimed priority 
date for  an international application that enters the n ational phase in accordance 
with sect ion 31 of the P atents Act 
11. a list of accompanying documents. 
 
The application must be signed by the applicant or his repre sentative. The signature m ay 
be hand- written, printed, stamped or electronic in accordance w ith the stan dard laid 
down by the No rwegian Industrial Property Office  at any given time. If a patent is being 
applied for by another party than the inventor, the application sh all contain a declaration 
from the  applicant that the applicant has the right to the invention. The declaration sh all 
state the basis for the applicant’s right to the invention. 
 
Section 2a. Address for correspondence 
 
If not oth erwise stated in the application, the a ddress specified pursuant to s ection 2 
No.1, is the address for  notifications and services of process, etc. pu rsuant to section 67 
of the P atents Act. If the applicant has appointed a  repre sentative, the address of the representative is such address, as far as the power- 
of-attorney authorizes. If there is more than one applicant or repre sentative, the 
address of the f irst mentioned is the address for co rrespondence, if not othe rwise 
stated. The applicant may at any time 
specify a new address for co rrespondence. 
 
 
 
 
Section 3. Filing Date 
The application will be accorded a filing date even if the requirements in s ection 2 
have not been com plied with if the application cont ains a description of the  invention 
and information that makes it 
possible to identify and contact the ap plicant or the applicant’s repre sentative. If the 
application is filed 
electronically, it must be  filed in a format accepted by the No rwegian Indust rial Property 
Office. 
 
If the No rwegian Industrial Property Office  finds th at it cannot accord a final filing date for  
the application because parts of the description, drawings or patent clai ms have not been 
supplied, the No rwegian Industrial Property Office  shall immediately notify the applicant 
hereof and request that the deficiency be co rrected within two m onths fr om wh en the 
notice was sent. The f iling date for  the application will be maintained if, within the abov e-
mentioned time limit, or if no not ice has been sent,  within two m onths f rom when an 
application that com plies with the requirements laid  down in the f irst parag raph was filed, 
the applicant: 
 
1.   supplies the m issing parts, 
2.   states that the parts are included in the ap plication by reference to a  previous 
application or 
3.   declares that no parts are missing and the No rwegian Industrial Property Office  
finds this to be the c ase. 
 
Section 4. Basic Docum ents 
The application's basic documents com prise the description of the  invention with 
accompanying drawings and patent clai ms subm itted in Norwegian or English no later 
than on the date the application was or sh all be deemed to h ave been filed. If the 
description with accompanying drawings and patent clai ms is not sub mitted in Norwegian 
or English on this date at the latest, the f irst description with accompanying patent clai ms 
that is subs equently sub mitted in Norwegian or English will be regarded as the basic 
docum ents ins ofar as the contents are clearly stated in the docum ents th at were available 
when the application was f iled. 
 
Section 5. Language Requirements 
The description, pat ent clai ms and abst ract shall be in Norwegian or English. Oth er 
docum ents sh all be in 
Norwegian, Danish, Swedish or English. 
If the description, pat ent clai ms, abstract or other documents are in another language 
than those s pecified in the f irst parag raph first sentenc e, the No rwegian Industrial 
Property Office  may demand t hat the applicant subm it a translation into No rwegian or 
English within a deadline set by the Indust rial Property Offic e. The No rwegian Industrial 
Property Office  may demand t hat the t ranslation be certified by a government authorised 
translator. 
For docum ents as mentioned in the f irst parag raph second s entenc e, the No rwegian 
Industrial Property 
Office  may, in individual cases, accept another language  than Norwegian, Danish, Swedish 
or English. 
 
Section 6. Patent Claims 
A patent claim  shall contain the fo llowing: 
 
1.   the title of the invention 
2.   a statement describing the  art in relation to wh ich the invention const itutes 
something nov el 
(the prior art) if such a  disclosure is 
necessary 
3.   a statement indicating the  new and cha racteristic features of the invention. 
 In so far as possible, the invention sh all be referred to one  of the fo llowing 
categories: product, apparatus, process or use. 
 
A patent claim shall not con tain 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 c ontain sev eral patent clai ms. In such case, the patent 
claims sh all be numb ered. 
 
One or s everal other claims may be  attached to a  patent claim. 
 
A patent claim  may be independent or dependent. Dependent clai ms are claims th at 
relate to embodiments of an invention disclosed in another patent claim  in the 
application and that the refore com prise all the ch aracteristic features cont ained in that 
claim. Dependent clai ms shall be introduced with a reference to the previous claim(s) 
to wh ich they are related. 
 
The numb er of independent clai ms is limited to one  independent claim  in each category. 
Several independent clai ms within the same category may  only be included if this 
concerns products or processes with mutu al dependency, d ifferent inventive areas of 
application of a product or alternative solutions to a s pecial problem. The No rwegian 
Industrial Property Office  will decide whether inventions may be included in separate 
independent cla ims w ithin the same c ategory. 
 
Section 8. Unity 
In accordance w ith the rules of s ection 10  of the P atents 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 technical  features in comm on. Special 
technical f eatures are the f eatures of each invention wh ich define a contribution that 
each invention mak es over and abo ve the prior art. 
 
The question of wh ether the re is a technical relationship between a plurality of 
inventions sh all be determined without r egard to whether they are disclosed in 
separate claims or  as alternatives within a single patent clai m. 
 
Section 9. The Description 
The description sh all only contain information and specifications th at contribute to an 
understanding of the invention. 
 
Biological material shall be described in accordance w ith the guidelines laid down by the 
Norwegian 
Industrial Property Offic e. For generally available biological material, information must be 
provided of 
how it can be obtained. The description of biological material in accordance w ith sect ion 8a 
of the P atents Act shall contain all information of importance to the ch aracteristic features 
of the biological material to wh ich the ap plicant has access. 
 
Section 10. Drawings 
Drawings sha ll show the  details that are necessary in order to und erstand the  description. 
 
Section 11. Abstract 
The abstract shall contain a brief summ ary of the  details cont ained in the patent cla ims, 
description and drawings in the basic docum ents. If the application con tains drawings, 
the applicant shall state the f igure that the applicant wishes to be published together with 
the abst ract. If the a pplicant has not s pecified this, the Norwegian Industrial Property 
Office  will choose the f igure that is to be published. 
 
Section 12. Deposit of B iological Material etc. 
The deposit of biological material in accordance w ith sect ion 8a,  first parag raph, of the 
Patents Act shall be made in accordance w ith the Budapest Treaty on the  International 
Recognition of D eposit of Mic roorganisms for  the Purposes of P atent Procedure of April 28, 1977. The m aterial shall be deposited 
with an institution that is an international depositary institution in accordance w ith the 
Budapest Treaty or with an institution that has been approved by the Euro pean 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 wh ich 
the m aterial has been deposited and the reference numb er that the institution in question 
has accorded the deposited material. The information sh all be provided not later than 16 
months after the f iling date or, if priority has been claimed, the c laimed priority date. If 
deposited biological 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 No rwegian Industrial Property Office  hereof 
and of the reference numb er that the institution has accorded the deposited material. 
 
A new deposit of biological material in accordance w ith section 8a,  second paragraph, of 
the Patents Act shall be made in accordance with the Bu dapest Treaty. The applicant or 
the patent holder shall notify the No rwegian Indust rial Property Office  of the n ew deposit 
of biological material and of the reference numb er that this institution has accorded the 
deposited material within four months f rom when the material was deposited or within 
the time limit stipulated in the s econd paragraph. 
 
The No rwegian Industrial Property Office  may demand a  copy of the  receipt that the 
depositary institution has issued as proof of the co rrectness of the information 
provided in accordance w ith the second and th ird paragraphs. 
 
A request in accordance w ith sect ion 22, eighth pa ragraph, of the P atents Act that 
samples of biological material shall only be issued  to a specially appointed expert must 
be filed with the Norwegian Indust rial Property Off ice not later than the day before the 
application becomes available to the public in accordance w ith sect ion 22  of the P atents 
Act. 
 
 
 
 
Chapter 2. Priority 
 
Section 13. Application Priority 
The applicant may claim priority in accordance w ith sect ion 6 of the Patents Act on the 
basis of the f irst application that describes the invention if it was filed in a state that is a 
party to the  Paris Convention for  
the Prot ection of Indust rial Property of M arch 20, 18 83, or the Agreement Est ablishing 
the World Trade Organization (WTO) of April 15, 1994. The s ame shall apply to an 
application filed with a regional patent authority if this is equated with the f iling of a 
national application in accordance w ith the legislation in 
force in a state that is a party to the P aris Convention or in accordance w ith a bilateral 
or multilateral agreement ente red into between states that are parties to the P aris 
Convention A previous application 
that forms the basis for priority will be referred to as a priority docum ent in these 
Regulations. 
 
A priority claim must be included in the ap plication wh en it is filed or be forwarded within 
16 months  
from the  priority date. The claim shall specify the patent authority with wh ich the c laimed 
application was f iled, the filing date and the application numb er. If the application numb er 
is not known, the num ber 
must be forwarded as soon  as the applicant gets know ledge hereof. If the previous 
application is not available to the No rwegian Industrial Property Office  in an electronic 
register, the Norwegian Indust rial Property Office  may demand  that the applicant shall 
subm it a priority certificate within three months. The priority certificate shall contain the 
information stipulated in the s econd 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 c laimed application was f iled. 
 
The applicant may correct or add a priority claim by written notification to the  Norwegian 
Industrial Property Office  within a time limit of 16  months com puted as from the  priority date. If a correction or addition will cause a  change in the priority date, the 1 6-month 
time limit shall be computed as from wh ichever priority date expires first. In the event of 
such a claim for a  correction or addition, the w ritten notification must be filed within four 
months f rom the  filing date in Norway. No co rrections or  additions may be made once  
the application has become  available to the public by the applicant having requested 
early publication hereof. 
 
A priority claim may be  withdrawn by written notification to the  Norwegian Indust rial 
Property Office  until a  final decision has been made regarding the  application. 
 
Section 14. Requirements for Application Priority 
In order for an application to provide a basis for priority in accordance w ith sect ion 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 fo llowing 
requirements have been met: 
 
1.   if it has been filed with the same patent authority as the first application 
and by the s ame applicant or his successor  in title 
2.   if the f irst application has been withdrawn, she lved or rejected without the 
application having become  available to the public when the su bsequent 
application was f iled 
3.   if the f irst application has not s erved as a basis for any 
priority claim 
4.   if the f irst application does not form the basis for any existing right. 
 
Section 15. Priority for an Application Comprising a P lurality of Invent ions 
If an application com prises 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 c laimed applications h ave been filed in 
different states. The individual application must com ply with the requirements in sect ion 
14. 
 
Section 16. Relationship between the P riority Docum ent and the  Basic Docum ents 
The priority shall only apply to the s pecifications cont ained in the priority docum ent. 
 
The priority docum ent cannot be  relied on as a basis for the introduction of n ew cont ents 
that exceed the basic docum ents cont ained in the application. O bvious errors or typing 
errors may, however, be 
corrected based on the priority docum ent. 
 
Section 17. Applications F iled in a State that Is not a Party to the Paris 
Convention or the WTO Agreement 
Priority in accordance w ith sect ion 6 of the Patents Act will be granted on the basis of an 
application filed in a state that is not a  party to the P aris Convention or  the WTO 
Agreement if said non-contracting state grants such priority based on patent applications 
filed in Norway. The provisions in this Ch apter shall 
apply correspondingly. 
 
 
 
 
Chapter 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 P atent Claims 
Patent clai ms may be amended by the applicant filing a new copy of a ll maintained claims 
listed in consecutive order. In the individual case, the No rwegian Industrial Property Office  may 
decide not to demand n ew copies or approve that new co pies are only filed for patent 
claims th at have been amended. 
 
If a patent claim is amended, the applicant shall state where in the basic docum ents the 
basis for the amendment is found.  A patent claim  cannot be  amended to com prise any 
element that is not s pecified in the basic docum ents. 
 
After the No rwegian Indust rial Property Office  has informed the applicant of the result 
of the nov elty search, patent clai ms 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 clai ms have been limited after the No rwegian Indust rial Property Office  
has notified the applicant of a  lack of unity, the application may no longer be regarded 
as com prising the invention(s) that was or were deleted from the c laims in connect ion 
with the limitation hereof. 
 
A change of claim category will be approved if technical  dependence is present and is 
stated in the basic docum ents. 
 
Section 21. Amendments to the Description and Drawings 
The applicant may only make amendments or additions to the description and 
accompanying drawings th at are necessary to co mply with the requirements sti pulated 
in sect ion 8 of the P atents Act. Such amendments or additions must not result in the 
patent claims com prising any element that is not specified in the basic docum ents. 
 
If a new description is filed, the applicant shall provide a declaration specifying which 
parts th at are not in accordance w ith the previously filed description and specify wh ich 
way the amendments imply anything  new in respect of the prior art. Unless oth erwise 
warranted on s pecial grounds, t he Norwegian Industrial Property Office  shall accept such 
a declaration without sp ecial control hereof. 
 
 
 
 
Chapter 5. Division of and Separati on from Applications 
 
Section 22. Division of the  Application 
The applicant may request that a previously filed application sh all be divided into several 
independent applications if the basic docum ents describe a plurality of inventions. 
Together w ith the request for division of the  application, the applicant shall file a new 
application form, a new description with any drawings and n ew patent claims for  each 
application that is not a  continuation of t he original application. The request for a  division 
of the  application sh all state the original application numb er and specify the inventions 
that each of the new applications w ill 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 numb er. Each new application will be accorded a new 
application numb er 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 numb er of the divisional application. 
 
Section 23. Divisional Application In a divisional application, the description with accompanying drawings and patent claims 
that are filed together w ith the application will be regarded as basic docum ents. El ements 
from the original application 
cannot be  added after the basic docum ents have been filed. Other docum ents th an the 
basic docum ents in the original application will also const itute docum ents in t he 
divisional application if they w ere 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 th at it com prises an invention that is not 
disclosed in the basic docum ents, the applicant may request that this invention shall be 
separated from the application into a n ew application. Together w ith the request for 
separation from the  application, the applicant shall file a 
new application form, a new description with any drawings and n ew patent clai ms for 
each new application. The application will be regarded as having been filed on the same 
date on wh ich the No rwegian Indust rial Property Office  received the f irst docum ent that 
comprises the invention that was not s pecified in the basic documents of the o riginal 
application. The application will be accorded a new 
application numb er. A prescribed fee shall be payable for each separated application. 
 
A new application must be filed before a final decision has been made regarding the  
original application. The s eparated application cannot be  identical to the o riginal 
application. 
 
The request for separation from the  application will be rejected if the requirements 
in the f irst and second paragraphs have not been com plied with. 
 
Section 22, fifth paragraph, and section 23, first parag raph, shall apply correspondingly. 
 
 
 
 
Chapter 6. Right of Ac cess to Inspect  the Documents of the Case. Issue  of 
Samples of 
Biological Material 
 
Section 25. Right of Access to Insp ect Docum ents 
In accordance w ith sect ion 22, second paragraph, first period, of the P atents Act, the 
docum ents sh all be ma de available to the public the day after the same day numb er of 
the month as the  date that forms the basis of the com putation. If the No rwegian 
Indust rial 
 
Property Office  does not h ave office hou rs on th is date, the application sh all be made 
available to the public as from the  first subs equent off ice date. If the c omputation in 
accordance with sect ion 22, second paragraph, first period, of the P atents Act is made on 
the basis of the priority date and priority has been claimed from different dat es, the date 
shall be computed based on the earliest priority date. 
 
When the ap plicant requests that the application sh all be made available to the public at 
an earlier date than in accordance w ith the  provisions of s ection 22, first or second 
paragraph, of the Patents Act, the application sh all be made available to the public as 
soon as the request for this has been received unless the applicant specifies a later date. 
Any information about deposited biological material in accordance w ith sect ion 12, second 
and third paragraphs, must be  provided not later than conc urrently with the sub mission 
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 oth er parts of the application 
together w ith the abst ract. 
 
Section 26. Issue of Sample of B iological Material 
A request for the issue of a  sample of biological material in accordance w ith sect ion 22, 
ninth pa ragraph, of the P atents Act shall be worded in accordance w ith the  provisions in Rule 11 of the Implementing Regulations to the Budapest Treaty. 
 
If the request conc erns a sample of deposited biological material connected with an 
application for  which a final decision has not y et been made, the party requesting the  
sample must sub mit a declaration in which he un dertakes vis-à-vis the applicant not to 
use the sample for any oth er purposes than for experiments th at conc ern the invention 
itself and to refrain from granting other parties access to the s ample until  a final decision 
has been made regarding the  application or, if a p atent is granted, until the patent has 
expired. If the request conc erns a sample of deposited biological material connected with 
a patent, the party requesting the  sample must subm it a declaration in which he 
undertakes vis-à-vis the patent holder not to use the  sample for any oth er purposes than 
experiments th at concern the invention itself and to refrain from granting other parties 
access to the s ample until  the patent has expired. The first and second periods of th is 
paragraph shall apply correspondingly to biological material that is derived from the  
sample and that h as retained the ch aracteristic features of the m aterial that are 
important for c arrying out the invention. The request for the issue of the s ample shall 
contain a declaration that the requester und ertakes these o bligations. 
 
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 No rwegian Indust rial 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 contain a 
declaration from the  expert in accordance w ith the s econd paragraph. 
 
The s econd and th ird paragraphs sh all not apply if it is necessary to deposit derived 
biological material in conn ection with a subsequent application. 
 
When a request has been made for the issue of a  sample of biological material and the  
requirements for th is have been com plied with, the No rwegian Indust rial Property Office  
shall issue a  declaration to th is effect. The No rwegian Industrial Property Office  shall 
send the  request for the issue of a  sample and the declaration to the  depositary 
institution with wh ich the m aterial has been deposited. A copy of the 
request for the issue of a  sample and the declaration sh all concu rrently be sent to the 
patent applicant or the patent holder. If the No rwegian Industrial Property Office  does not 
issue such a  declaration, the party 
requesting the  sample shall be notified hereof. 
 
 
 
 
Chapter 7. The Processing of Ap plications 
 
Section 27. Classification 
The application sh all be classified in accordance w ith the international patent 
classif ication syst em. The application may also be classified in accordance w ith another 
classification syst em. 
 
Section 27a. Case Processing Language 
If the application is written in English, the No rwegian Industrial Property Offic e's 
decisions and queries and written opinions to the applicant shall be written in English if 
the applicant so requests. 
 
If the application is written in Norwegian, the No rwegian Industrial Property Offic e's 
written opinions on patentability and nov elty searches shall be written in English if the 
applicant so requests. 
 
 
 
 
Section 28. Novelty Search 
The nov elty search sh all cover the period until the filing date for  the application. This 
shall also apply to any claimed priority. 
 
The basic docum ents in another application will be nov elty-defeating in accordance w ith 
section 2, s econd paragraph, second period, of the P atents Act from the  filing date or from the priority date to the extent to wh ich the re is confo rmity between the basic 
docum ents and the  priority docum ent. The  
abstract and other docum ents in the ap plication will be novelty-destroying as from the 
date on wh ich the docum ents are made available to the public in accordance with sect ion 
22 of the P atents Act. 
 
Section 29. Nov elty Search by an International Searching Authority 
Within three months f rom the  date on wh ich the ap plication was f iled or is to be deemed 
to have been filed, the applicant may require that the Nordic Patent Institut e, the 
Swedish Patent and Registration Office  or the Euro pean Patent Off ice shall perform a 
novelty search in accordance w ith the provisions of s ection 9 of the P atents Act 
regarding ap plications w ithout priority that have been drawn up  in Norwegian, Danish, 
Swedish or English. The applicant shall designate the International Searching Authority 
that will perform the nov elty search. 
 
If the application has not been written in a language th at is accepted by the Inte rnational 
Searching 
Authority, a translation of t he application sh all be attached to the request for a  novelty 
search. 
 
The request for a  novelty search sh all be regarded as having been withdrawn if, upon 
expiration of the t ime limit stipulated in the f irst parag raph, the  application and the  
translation do not comply with the fo rmal requirements th at 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 ap plicant 
has filed a patent application outs ide Norway, the applicant shall, at the request of 
the No rwegian Industrial Property Offic e, provide information about the w ritten 
opinion that 
 
the patent authority in question has provided regarding the nov elty search and 
patentability. W ithin a time limit stipulated by the Norwegian Indust rial Property 
Office, the applicant shall subm it: 
 
a.   a copy of the  written opinion that the patent authority in question has provided 
regarding the nov elty search and patentability in general, or 
b.   a declaration that the applicant has not y et received such a  written opinion. 
 
If the applicant fails to m eet the time limit fixed by the No rwegian Indust rial Property 
Office, the application will be she lved in accordance w ith sect ion 15  of the Patents Act. 
If the applicant expressly refuses to sub mit a copy of the w ritten opinion or the 
declaration, the a pplication shall be rejected in accordance w ith sect ion 16  of the 
Patents Act. 
 
Section 30a. Priority Processing 
If the No rwegian Industrial Property Office  has established coo peration as mentioned in 
section 105a with another patent authority, the No rwegian Indust rial Property Office  
shall, at the applicant's request, 
give priority to processing the application insofar as it concerns a claim that the ot her 
patent authority 
has declared to be patentable. A request for such p rocessing must m eet the 
requirements sti pulated upon establishment of the cooperation. 
 
 
Section 31. Statement of Publications 
Publications sh all be stated in accordance w ith the directions of the  Norwegian Industrial 
Property Offic e. 
 
Section 32. Model, Sample or the Like 
The No rwegian Industrial Property Office  may order the applicant to subm it 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. Postpon ement of the G rant of a Patent 
If an application is to be accepted before it has been made available to the public in 
accordance w ith 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 unt il the application has 
been made available to the public. The Norwegian Indust rial Property Office  may 
otherwise not  postpone the grant of 
a patent after a decision to acc ept the ap plication has been made. 
 
A request for a  postponed grant of a  patent shall be filed in a separate letter. The 
request will only be cons idered if it has been received by the No rwegian Industrial 
Property Office  within two months f rom wh en the ap plicant has been informed that the 
patent may be granted. The provisions in sect ion 20  of the P atents Act on payment of 
the prescribed fee for grant and an application 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 w ritten in Eng lish 
 
If an application is written in English, the No rwegian Industrial Property Office  shall, 
before sending not ification pursuant to the Patents Act section 19, info rm the applicant 
that a translation into No rwegian of the patent clai ms in the application must be 
subm itted before a patent can be granted. At the same time, the No rwegian Indust rial 
Property Office  shall set a deadline for  subm ission of the  translation. 
 
 
 
 
Section 34. Patent Specification 
The No rwegian Industrial Property Office  shall publish a patent specification, cf.  
section 21, third paragraph, of the  Patents Act, after the prescribed fee for grant has 
been paid  or an exemption from payment of s aid fee has been given. The patent 
specification sh all contain information about: 
 
1.   the date of the grant of the patent 
2.   application numb er and patent numb er 
3.   classification of the  patent in accordance w ith the international patent classif ication 
system 
4.   the name or business name and address of the patent holder and the  name or 
business name and ad dress of any representative and also  any sp ecifically stated 
address for co rrespondence, cf. sect ion 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 so, the 
international application numb er, the international filing date and the  date on 
which the international application will enter the n ational phase in accordance 
with sect ion 31  of the P atents Act or the date on wh ich the application is 
deemed to have been filed in accordance w ith sect ion 38  of the P atents Act 
9.   whether priority has been claimed and, if so, the f iling place and filing date 
as well as the numb er of the application from which priority is claimed 
10. whether the application is a result of division or separation and, if so, the 
original application numb er 
11. the depositary institution with wh ich a sample of biological material has been 
deposited and the reference numb er that the institution has accorded the s ample 
12. stated publications. 
 
Section 35. Protest 
If, before the patent has been granted, the No rwegian Indust rial Property Office  receives 
a protest that is of s ignificance to the assessment of the application, the  Norwegian 
Indust rial Property Office  shall notify the applicant hereof. If other novelty-destroying 
elements than obvious use of  the invention are claimed in the protest, the No rwegian 
Industrial Property Office  shall immediately examine whether th is means that the 
applicant should  be notified hereof in writing. If the protest cont ains 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 t ime limit for the subm ission of protests and only if the same 
claim is also made in an opposition.  
A protest to the grant of a patent will not result in any party rights. If the protest is 
not uph eld, the protesting party shall be informed of the possibility to subm it an 
opposition. 
 
 
 
 
Chapter 8. Opposition, Administrative Patent Limitation and Adm inistrative 
Review 
 
Section 36. Form and Con tents of the Op position 
An opposition in accordance with sect ion 24  of the P atents Act mu st be filed with the  
Norwegian 
Industrial Property Office  and sha ll contain: 
 
1.   information about the o pponent’s n ame or business name and ad dress as 
well as the repre sentative’s name or business name and address if the 
opponent is repre sented by a repre sentative 
2.   information about the num ber of the patent against which the o pposition is filed 
3.   a statement of the sco pe of the opposition and the  grounds on wh ich it is based, 
with a st atement of the facts and evidence, for example publications, on wh ich the 
opponent intends to rely in sup port of the o pposition. 
 
The o pposition sh all be signed by the o pponent or the opponent’s repre sentative. 
Section 2a applies correspondingly to co rrespondence w ith the o pponent. 
 
Section 37. Notification of O pposition 
Notification from the  Norwegian Industrial Property Office  to the patent ho lder about an 
opposition sh all cont ain information about the date of the o pposition, the n ame and 
address of the opponent and of any repre sentative of the o pponent. 
 
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 withdrawn.  
Section 39. Notification of the  Outcome of Op position Procedure 
The No rwegian Industrial Property Office  shall notify the patent holder and the  opponent 
of the outcome of the o pposition procedure as well as of the right to appeal and the  time 
limit for lodging an appeal. 
 
Section 40. Request for  Administrative Patent Limitation 
A request for administrative patent limitation in accordance with sect ion 39  a of the 
Patents Act must be f iled with the Norwegian Industrial Property Office  and sha ll contain: 
 
1.   information about the patent holder’s name or business name and address as 
well as the repre sentative’s name or business name and address if the patent 
holder is repre sented by a repre sentative 
2.   information about the num ber of the patent for wh ich limitation is requested 
3.   statement of the limitation that is requested. 
 
A request for administrative patent limitation shall be signed by the patent holder or the 
patent holder’s repre sentative. Section 2a applie s correspondingly. 
 
If amendments to the description are requested, the request shall also conta in a revised 
version of the description that is to be included in the n ew patent specification. If 
amendments to the patent clai ms are requested, the patent holder shall, together w ith 
the request, submit new co pies of all maintained claims st ated in cons ecutive order. 
 
The No rwegian 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 accordance w ith sect ion 52  b of the P atents 
Act must  be filed with the Norwegian Indust rial Property Office  and sha ll contain: 
 
1.   information about the requester’s name or business name and ad dress as 
well as the repre sentative’s name or business name and address if the 
requester is represented by a repre sentative 
2.   information about the num ber of the patent that is being cont ested 
3.   an account of the basis for cont esting the  patent 
4.   specification of the  patent clai ms that the review conc erns, alternatively of the 
patent clai ms that are not cov ered by the request for a  review 
5.   necessary docum entation of matters that are relied on in sup port of the request. 
 
A request for an administrative review shall be signed by the requester or by the 
requester’s repre sentative. Section 2a applie s accordingly to the  address for 
correspondence w ith 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 o pposition, an administrative 
patent limitation or an administrative review, the Norwegian Industrial Property Office  
shall issue a  new patent specification. The new patent specification sh all contain 
information in accordance w ith sect ion 34  and state that the patent has been amended 
and the  date on which the decision to am end the  patent was published. 
 
If the patent was granted in English, the Patents Act section 21 th ird paragraph third to 
fifth sent ences apply correspondingly. Before a new patent specification is issued, the 
Norwegian Industrial Property Office  shall inform the patent holder that a translation 
into No rwegian of the amended patent clai ms must be subm itted for the patent to be  
upheld in its amended form. At the same t ime, the No rwegian Industrial Property Office  
sets a deadline for  subm ission of the  translation. The P atents Act section 21  third 
paragraph sixth to n inth sentence apply correspondingly. 
 
 
 
 
 
Chapter 9. The Register of Patents, etc. 
Section 43. The Register of Patents 
The No rwegian Industrial Property Office  shall keep a register of received national 
applications and international applications th at have entered the n ational phase as well as 
of patents granted on the basis of such applications. Section 45 sh all apply to the  
registration in the Register of P atents of Euro pean patents th at apply in Norway. The 
information recorded in the register about the individual application 
will be available to the public once the docum ents in the  case become  available 
to the public in accordance w ith sect ion 22  of the P atents Act. 
 
The register shall contain the following information about the application and the  granted 
patent: 
 
1.   application numb er and patent numb er 
2.   classification in accordance with the international patent classification syst em 
3.   any classification in accordance w ith other patent classi fication systems 
4.   (repe aled 1. July 2010 by FOR-2010-06-25-937) 
5.   the applicant’s name or business name and ad dress 
6.   any repre sentative’s name or business name and ad dress 
7.   the inventor’s name and address 
8.   the title of the invention 
9.   whether the application is a national or an international application 
10. for a national application: the f iling date 
11. for an international application that has entered the n ational phase: the 
international application numb er, the international filing date and the  date on 
which the ap plication entered the n ational phase in accordance w ith section 31  of 
the Patents Act or is deemed to h ave been filed in accordance w ith sect ion 38  of 
the Patents Act 12. for a European application that has been conv erted into a national application: 
the application numb er and filing date in accordance w ith the Eu ropean Patent 
Convention and the date on wh ich the ap plication has been conv erted into a 
national application 
13. whether priority has been claimed and, if so, the authority with wh ich the 
claimed previous application was f iled as well as the f iling date and 
application numb er for said application 
14. whether the application is a divisional application or a separated application 
and, if so, the o riginal application numb er 
15. whether n ew applications h ave been drawn up, w ith information about the 
new application numb ers, in conn ection with division of or  separation from an 
application 
16. the date on wh ich the documents in the  case were made available to the public in 
accordance 
with sect ion 22  of the P atents Act the date on wh ich the  docum ents 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 P atents Act section 60 s econd 
paragraph first sentenc e, that such translation has been subm itted, and the date 
on wh ich this was published 
17. docum ents received and sent in the case  
18. the date on wh ich the grant of the patent was published 
19. other decisions ma de in the case a nd the s tatus of  the case 
20. paid fees, outst anding fees and any reimbursed fees 
21. paid annual fee or respite on payment of the  annual fee 
22. the time at which the patent has lapsed in accordance w ith sect ion 51  of the 
Patents Act 
23. whether the patent holder has renounced the patent in accordance w ith sect ion 54  
of the P atents 
Act 
24. whether a  request has been filed for re-establishment of rights despite a failure to 
comply with a t ime limit and the  decision regarding such a  request, cf.  section 72, 
second paragraph, of the P atents Act 
25. that legal action has been brought for invalidation, trans fer of a  patent or a 
compulsory licence 
26. that the patent has been declared invalid by a judgement delivered in accordance 
with sect ion 
52 of the P atents 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 ma de in 
the opposition procedure 
29. that a request has been filed for administrative limitation or termination of the  
patent and the decision ma de in such p roceedings 
30. that a request has been filed for an administrative review of the  patent and the  
decision ma de in such p roceedings, 
31. that a decision has been appealed against to the Bo ard of Appeals of the 
Norwegian Industrial 
Property Office  in accordance with sect ion 26, sect ion 39d or section52 e of the  
Patents Act 
32. about a transfer or  licence 
33. about the deposit of biological material in accordance w ith sect ion 12  
34. whether the applicant’s, the patent holder’s, the repre sentative’s or the licensee’s 
name, 
business name or address has been changed 
35. about any new repre sentative in the event of a  change of repre sentation. 
36. any sp ecifically stated address for co rrespondence w ith the ap plicant or patent 
holder, cf. s ections 2a and 103. 
37. whether a  correction of a t ranslation has been subm itted pursuant to the Patents 
Act section 21  third paragraph sixth sente nce or s ection 60 s econd paragraph fifth 
sentence, and, if a correction has been subm itted, the date on wh ich this was 
published, 
38. about security interests  
 
Notification of am endments and chang es in accordance with the s econd paragraph, 
nos. 32, 34  and 35, shall be given in a separate form drawn up by the No rwegian 
Industrial Property Offic e. 
 
Section 44. Registration of Supplementary Protection Certificates 
The No rwegian In dustrial Property Office  registers sup plementary protection 
certificates and applications for such ce rtificates in the Register of P atents. The 
information recorded in the register shall be available to the public. The fo llowing 
information will be recorded in the register:  
1.   the applicant’s name or business name and ad dress as well as the 
repre sentative’s name or business name and address if the applicant is 
repre sented by a repre sentative, and also any specifically stated address 
for co rrespondence, cf. sections 6 4a and 2a 
2.   the  number and filing date for the application for a supplementary 
protection certificate  or, if applicable the application for extension  
3.   the original patent numb er 
4.   the title of the invention 
5.   the active substa nce or composition of act ive substa nces for wh ich the 
application for  a sup plementary protection certificate is filed 
6.   the numb er and date of the  marketing autho risation and the product as 
identified in the ma rketing autho risation 
7.   the numb er and date of the  first marketing autho risation in the EEA  Area 
8.   docum ents received and sent in the case  
9.   paid fees, outst anding fees and any reimbursed fees 
10. the decisions th at 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  numb er of the 
certificate 
12. the period of validity for the certificate , and, if applicable whether the 
protection period has been extended  
13. that the c ertificate has lapsed and the  reason for  this 
14. about security interests.  
 
Section 45. Registration of European Applications and Patents 
The No rwegian Industrial Property Office  shall keep a separate register of Eur opean 
applications wh ere the applicant has subm itted a translation into No rwegian of the 
patent clai ms in accordance w ith the Patents Act section 66g first parag raph. The 
information in the register is available to the public. The following information sh all 
be entered in the register 
 
1. the application numb er assigned by the Euro pean Patent Office  
2. the applicant's n ame or business name and ad dress, and the repre sentative's name 
or business name and address if the applicant is repre sented by an authorised 
repre sentative, and any address specifically stated for correspondence, cf. section 
2a, cf. section 64a 3. the date on wh ich the t ranslation of the  patent clai ms was subm itted and the  date 
on wh ich this w as published 
4. the date on wh ich a correction of the  translation, if any, was subm itted and the  
date on wh ich this w as published 
5. the filing date of the application and, if the application is a divisional European 
application, the date on wh ich the divisional application was f iled 
6. 
7.  
 
8.  whether the c ase docum ents are available to the public 
information corresponding to the information stipulated in section 43 second 
paragraph nos 7, 8 and 15  
about security interests.  
       
If a translation is subm itted and the  fee is paid in accordance w ith the Patents 
Act section 66c first     paragraph first sentenc e, information to th is effect w ill be 
entered in the register of European 
applications, st ating when the translation was submitted and the  fee paid, as well as 
when the Norwegian 
Industrial Property Office  published conf irmation thereof. The same applies to any 
correction of such a t ranslation sub mitted before the patent is registered pursuant 
to the third paragraph. 
 
A European patent is registered in the Register of P atents when the Eu ropean Patent 
Office  has published its decision to grant a patent and the  patent holder has submitted 
a translation and paid the f ee in accordance w ith the Patents Act section 66c first 
parag raph first sentenc e. The following information sh all be entered in the register:  
1. the date on wh ich the Eu ropean Patent Office  published its decision to grant a patent 
2. the date on wh ich the t ranslation was subm itted and the fee paid, as well as the date 
on wh ich the  
Norwegian Indust rial Property Office  published conf irmation of th is 3. the filing date of the application and, if the application is a divisional European 
application, the date on wh ich the divisional application was f iled 
4. the date on wh ich the case docum ents became publicly available 
5. the information specified in section 34  nos 1 to 6 and 8  to 11 and s ection 43  second 
paragraph nos  
20 to 2 7, 29 to 32 and 34 to  38.  
When the Eu ropean Patent Office  has published its decision to revoke or amend a 
European patent t hat is valid in Norway, info rmation about th is shall be entered in the 
Register of P atents, st ating the  date of the publication. If the applicant subm its a 
translation and pays the f ee in accordance with the Patents Act section 66c first 
parag raph second s entenc e, cf. the first sentenc e, information to th is effect w ill be 
entered in the register, stating when the t ranslation was subm itted and the fee paid, 
as well as when the No rwegian Indust rial Property Office  published conf irmation 
thereof. If a translation is not subm itted and the f ee is not paid in accordance w ith the 
Patents Act section 66c first parag raph second s entenc e, cf. the first sentenc e, within 
the deadline pursuant to the Patents Act section 66c first par agraph second s entenc e, 
cf. the first sentence, information to th is effect w ill be entered in the register. 
 
If, pursuant to Article 112 a of the Euro pean Patent Convention, the Euro pean Patent 
Office has set aside a decision that conc erns a European patent t hat is valid in Norway, 
information about this sha ll be entered in the Register of P atents, st ating the  date on 
which the decision was published. 
 
If a correction of a t ranslation is subm itted as mentioned in the th ird or fourth 
parag raph and the st ipulated fee is paid, information about th is shall be 
registered, stating when the co rrection was sub mitted and the  fee paid, as well 
as when this was published. 
 
 
 
 
Chapter 10. Publications 
 
Section 46. Publication of Info rmation Available to the P ublic 
Publication in accordance w ith sect ion 22, fourth paragraph, of the Patents Act 
shall contain the fo llowing: 
 
1.   the application numb er 
2.   the applicant’s name or business name and ad dress as well as the 
repre sentative’s name or business name and address if the applicant is 
repre sented by a repre sentative, and also any specifically stated address 
for co rrespondence, cf. section 2a  
3.   the inventor’s name and address 
4.   the classification of the  application in accordance w ith the international 
classification syst em 
5.   information about the f iling date 
6.   information about the international filing date 
7.   the title of the invention 
8.   if priority has been claimed: information about the time and place for  the 
filing of the priority- based application and the  application numb er 
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 th at a translation has been subm itted as mentioned in the 
Patents Act section 60  second paragraph first sentence, if th is has been 
done. 
 
If the translation of the  description or the patent clai ms has been amended before 
the expiration of the t ime limit in accordance w ith sect ion 77  of these Regulations, 
but after the docum ents in the case h ave become  available to the public, not ice 
hereof shall be published. Such pu blication must also conta in the information 
stipulated in the f irst parag raph and information about the date on which the 
amend ed translation was received by the No rwegian Indust rial Property Office as well 
as in which issue of the No rwegian Patents G azette (Norsk Patenttidende) previous 
publications of the  application in accordance w ith sect ion 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 subm itted after the c ase docum ents have been made publicly available in 
accordance w ith the Patents Act section 22, th is shall be publicly announce d, cf. the 
Patents Act section 60 s econd paragraph second s entenc e. Such pu blic 
announcement shall contain the information specified in the f irst parag raph nos 1 to 
10. Wh en a correction of a t ranslation is subm itted as mentioned in the Patents Act 
section 60 s econd paragraph first sentenc e, this shall be publicly announce d, cf. the 
Patents Act section 60 s econd paragraph sixth sentenc e. The announcem ent shall 
contain information that a correction has been sub mitted, the subm ission date and 
the information specified in the f irst parag raph nos 1 to 1 0. 
 
 
 
 
Section 47. Publication of the  Grant of Patent etc. 
Publication of the  grant of a  patent pu rsuant to the Patents Act section 21 s hall include 
the information specified in sect ion 34, with the exception of the  cited publications.  
 
The public announcem ent that a correction of t ranslation has been subm itted in 
accordance w ith the Patents Act section 21 th ird paragraph sixth sentence s hall contain 
information that a correction has been subm itted, the subm ission date and the  date on 
which the f ee was paid, as well as the information specified in sect ion 34. 
 
 
 
 
Section 48. Publication of F iled Oppositions 
Publication in accordance with sect ion 24, sixth paragraph, of the P atents Act shall contain 
the following: 
 
1.   the patent numb er and classification of the  patent in accordance w ith the 
international classification syst em 
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 sp ecifically 
stated address for co rrespondence, cf. s ection 2a  
3.   the o pponent’s n ame or business name and ad dress as well as any 
repre sentative’s name or business name and address,  and also  any sp ecifically 
stated address for co rrespondence, cf. s ection 36, second paragraph, second 
sentenc e, cf sect ion 2a  
4.   the date of the o pposition 
5.   the issue of the No rwegian Patents G azette in which the  grant of patent was 
published. 
 
Section 49. Publication of a F inal Decision in Opposition Procedure 
Publication that the Norwegian Indust rial 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 numb er and classification in accordance w ith the international 
patent classification syst em 
2.   2. the patent holder’s name or business name and ad dress as well as any 
repre sentative’s name or  business name and ad dress, and also any sp ecifically 
stated address for co rrespondence, cf. s ection 2a  
3.   3. the o pponent’s n ame or business name and address as well as any 
repre sentative’s name or business name and address, and also  any sp ecifically 
stated address for co rrespondence, cf. s ection 36, second paragraph, second 
sentenc e, cf. section 2a  
4.   4. the issue of the No rwegian Patents Gazette in which the grant of patent was 
published 
5.   5. the outcome  of the o pposition procedure 
6.   6. the date on wh ich the decision became final. 
 
 
 
 
 
 
 Section 50. Publication of Administrative Patent Limitation 
Publication in accordance w ith sect ion 39  e of the P atents Act shall contain information 
about: 
 
1.   the patent numb er and classification in accordance w ith the international 
patent clas sification syst em 
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 sp ecifically 
stated address for correspondence, cf. s ection 40, second paragraph, second 
sentenc e, cf. s ection 2a  
3.   the date of the decision on a  request for  administrative patent limitation 
4.   the issue of the No rwegian Patents G azette in which the  grant of patent was 
published 
5.   the outcome  of the limitation proceedings 
6.   the date on wh ich the decision was published. 
Section 51. Publication of Request for A dministrative Review 
Publication in accordance w ith sect ion 52  b, fourth paragraph, of the Patents Act 
shall contain the fo llowing information: 
 
1.   the patent numb er and classification in accordance w ith the international 
patent clas sification syst em 
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 sp ecifically 
stated address for co rrespondence, cf. s ection 2a  
3.   the name or business name and ad dress of the party requesting an administrative 
review as well as any repre sentative’s name or business name and ad dress, and 
also any sp ecifically stated address for co rrespondence, cf. section 41, second 
paragraph, second s entenc e, cf. section 2a  
4.   the date of the request for an administrative review 
5.   the issue of the No rwegian Patents G azette 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. sect ion 52 d, four th 
parag raph, of the 
Patents Act, shall contain information about: 
 
1.   the patent numb er and classification in accordance w ith the international 
patent clas sification syst em 
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 sp ecifically 
stated address for co rrespondence, cf. s ection 2a  
3.   the name or business name and ad dress of the party requesting an administrative 
review as well as any repre sentative’s name or business name and ad dress, and 
also any sp ecifically stated address for co rrespondence, cf. section 41, second 
paragraph, second s entenc e, cf. section 2a  
4.   the date of the request for an administrative review 
5.   the issue of the No rwegian Patents G azette in which the grant of patent was 
published 
6.   the outcome  of the administrative review 
7.   the date on wh ich the decision was published. 
 
Section 53. Publication of Supplementary Protection Certificate 
An application for a supplementary protection certificate or extension of such 
certificate , issuing  of a certificate or extension and rejection or shelving of such 
application shall be published  together with the information mentioned in Section 44 
nos. 1 to 12. I f a certificate lapses or is invalidated, or if the extension of a certificate  
is repealed , this shall be published.  
 
Section 54. Publication of Changed Period of Validity for  Supplementary Protection 
Certificate 
When a decision to ch ange the period of validity for  a supplementary protection 
certificate has become f inal, notice hereof shall be published. The publication shall 
contain the information stated in sect ion 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 Euro pean Applications and Eu ropean Patents, etc. 
Publication in accordance w ith sect ion 66  g, first parag raph, of the Patents Act shall 
contain: 
 
1.   information that a translation has been sup plied 
2.   the application numb er 
3.   classification of the  application 
4.   the applicant’s name or business name and ad dress as well as the 
repre sentative’s name or business name and address if the applicant is 
repre sented by a repre sentative, and also any specifically stated address for 
correspondence, cf. sections 6 4a and 2a 
5.   the title of the invention 
6.   information about the f iling date of the application 
7.   information about wh ether priority has been claimed and, if so, about the patent 
authority with wh ich the c laimed previous application was f iled as well as the f iling 
date and ap plication numb er of th is application. 
 
Publication in accordance w ith sect ion 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 wh ich the 
decision to grant the patent was published 
2.   the information stated in the first parag raph, nos. 2 to  7. 
 
Publication in accordance w ith sect ion 66 c, third paragraph, second period, of the 
Patents Act shall cont ain: 
1.   information that the patent is valid in Norway in amended form and the  date 
on which the decision to ma intain the patent in amended form was published 
2.   the patent numb er 
3.   the patent classif ication 
4.   the patent ho lder’s name or business name and address as well as the 
repre sentative’s name or business name and address if the patent ho lder is 
represented by a repre sentative, and also  any specifically stated address for 
correspondence, cf. sections 6 4a and 2a 
5.   the information stated in the first parag raph, nos. 5 to  7. 
 
Publication of a co rrected translation of the  patent claims in an application in accordance 
with sect ion 66 j, first parag raph, fou rth period, of the P atents Act shall contain: 
 
1.   information that a corrected translation has been sup plied and the  filing date for  
this 
2.   the information stated in the first parag raph, nos. 2 to  7. 
 
Publication of a co rrected translation of a patent in accordance w ith section 66  j, first 
parag raph, third period, of the P atents Act shall contain: 
 
1.   information that a corrected translation has been sup plied and the  filing 
date and date of payment of the f ee 
2.   the information stated in the first parag raph, no. 5,  and the th ird paragraph, nos. 2  
to 4. 
 
Publication of revocat ion of a Euro pean pate nt in accordance w ith sect ion 66  b, second 
paragraph, third period, of the P atents Act, cf. sect ion 55, shall contain: 
 
1.   information that a decision has been made to revoke the patent and the  date of 
the decision 
2.   the information stated in the first parag raph, no. 5,  and the th ird paragraph, nos. 2  
to 4. 
 
If the Euro pean Patent Off ice decides on a  re-establishment of rights despite a failure to 
meet a time limit, cf. section 66  k, first parag raph, of the Patents Act, and this will have 
the effect th at 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 extended, the No rwegian 
Indust rial Property Office  shall publish a notice hereof. The publication sh all contain: 
 1.   information about the t ime limit that has been exceeded and a s tatement 
that it has been decided that this will not have any effect 
2.   the information stated in the first parag raph, nos. 2 to  7, if the decision conc erns 
an application 
3.   the information stated in the third paragraph, nos. 2 to  5, if the decision conc erns 
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 w ith sect ion 66  c, first parag raph, fou rth period, and 
section 74, first paragraph, of the  Patents Act shall contain: 
 
1.   information about the t ime limit that has been exceeded and a s tatement 
that it has been decided that this will not have any effect 
2.   the information stated in sect ion 43, second paragraph, nos. 1 to 3 and 5 to 8 and 
also 36. 
 
Section 57. Other P ublications 
The No rwegian Industrial Property Office  shall publish the following: 
 
1.   notification of a t ransfer 
2.   notification of a licence 
3.   notification of a ch ange of the applicant’s, the patent holder’s, the 
repre sentative’s or the licensee’s name or business name and address and also  
of any sp ecifically stated address for co rrespondence 
4.   notification of a ppointment, change or deletion of repre sentative 
5.   notification that seizure or distraint has been levied 
6.   notices in accordance w ith section 55  of the P atents Act 
7.   notices about security interests.  
 
The publication shall contain information about the date on wh ich the not ification was 
received by the 
Norwegian Indust rial Property Offic e. 
 
Chapter 11. European Patents 
 
Section 58. Filing of Eu ropean Applications 
If a European application is filed with the Norwegian Industrial Property Offic e, the 
Norwegian Indust rial 
Property Office  shall: 
 
1.   register the f iling date 
2.   send the  applicant a confirmation that the application has been received 
3.   notify the Euro pean Patent Office  that the ap plication 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 subm itting a tra nslation of the  patent clai ms in a European application in 
accordance w ith the Patents Act section 66g first parag raph, the  application number 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 h ave been subm itted. 
 
When subm itting a tra nslation in accordance w ith the Patents Act section 66c first 
parag raph first sentenc e, the application number and the  patent holder's name or 
business name and ad dress must also be provided. When subm itting a tra nslation in 
accordance with the Patents Act section 66 f irst parag raph second s entenc e, cf. the first 
sentenc e, the patent number and the  patent ho lder's name or the business name and 
address must also be provided. If information specified in the f irst or second s entenc es is 
missing, the t ranslation is deemed not to  have been subm itted. 
 
 
 
Section 60. Correction of Tr anslation in accordance w ith Section 66  j of the P atents Act The co rrection of a t ranslation in accordance w ith sect ion 66 j  of the P atents Act shall be 
done by the f iling of a new translation with a clear statement of the corrections ma de. 
Information about the patent 
numb er or the application number as well as the applicant’s or the patent holder’s name 
and ad dress 
shall be provided together with the co rrected translation. 
 
If the requirements in accor dance w ith the f irst parag raph have not been com plied 
with, the co rrected translation will be regarded as not having been sup plied. 
 
Section 61. Request for Conversion into a National Application 
If the No rwegian Industrial Property Office  receives a request for conv ersion of the  
application into a n ational application in accordance w ith Article 135 (2) of the Euro pean 
Patent Convention, the N orwegian Industrial Property Office  shall immediately forward the 
request for conv ersion and a copy of the application to the  states listed in the request. 
 
Section 62. Forw arding of a Converted Euro pean Application to the  Norwegian Industrial 
Property Office If a European application that has been converted into a national 
application is forwarded to the No rwegian Indust rial Property Office  in accordance w ith 
Article 135 (2) of the Euro pean Patent Convention, the N orwegian Industrial Property 
Office  shall notify the applicant as soon as possible that the application has been 
received. 
 
The applicant must p rovide the Norwegian Indust rial Property Office  with a translation of 
the application into No rwegian or English, or  a copy of the  application if it is in English, 
within three months of the not ification mentioned in the f irst sentence having been sent.  
 
Section 63. Basic Docum ents for a  Converted Euro pean Application 
The basic docum ents for a  European application that has been conv erted into a national 
application are the description of the  invention with accompanying drawings and patent 
claims, whi ch shall be filed in Norwegian or English no later than at the same time as the 
translation of the  application is subm itted or is deemed to h ave been subm itted, cf. 
section 62  second paragraph. If the description with accompanying drawings and patent 
claims is not f iled in Norwegian or English at the latest on the date wh en the ap plication 
was or  shall be deemed to h ave been filed, the f irst description with accompanying 
patent clai ms that is subs equently sub mitted in Norwegian or English will be regarded as 
the basic 
docum ents ins ofar as the contents are clearly stated in the docum ents th at were 
available when the application was f iled. 
 
 
Section 64. Abstract for a Converted Euro pean Application 
If the Euro pean Patent Off ice has determined the abstract for a  European application 
that has been conv erted into a national application, this sh all be approved as an 
abstract wh en the application is processed in Norway. 
 
Section 64a. Address for co rrespondence 
 
Section 2a applies correspondingly to co rrespondence with the ap plicant or the holder 
of a Euro pean patent. 
 
Chapter 12. International Patent Applications 
 
Section 65. The No rwegian Industrial Property Office  as the Receiving Off ice 
The No rwegian Industrial Property Office  is the receiving Office  for international 
applications that are filed by: 
 
1.   Norwegian nationals; 
2.   persons domiciled in Norway; 
3.   persons h aving an indust rial or comm ercial establishment in Norw ay; and 
4.   Norwegian legal persons.  
 
If an international application is filed jointly by several applicants, the No rwegian 
Industrial Property Office  shall be the receiving Office  for the application if at least 
one of the applicants meets the requirements of the f irst paragraph.  
The No rwegian Industrial Property Office  shall receive, check and forward international 
applications in accordance w ith the Patent Cooperation Treaty of June 19, 1970 and the  
Implementing Regulations to the T reaty. However, such  applications sh all not be 
forwarded in cont ravention of t he provisions in Norwegian Act No. 8 of June 26, 1953 
relating to Inventions of  Importance to the Defence of the Realm. At the ap plicant’s 
option, the International Searching Authority and the  International Preliminary 
Examining Authority for  a preliminary report on patentability for  international 
applications in which the No rwegian Indust rial Property Office  is the receiving Off ice shall 
be the No rdic Patent Institute, the Swedish Patent and Registration Office  or the 
European Patent Off ice. 
 
Section 66. Filing of Int ernational Applications 
An international application shall be filed with the Norwegian Industrial Property Office  
using a se parate application form. The applicant shall fill in the f orm with appendices in 
printed letters. The application sh all be drawn up in Norwegian or English. The application 
shall comply with the requirements sti pulated in the P atent Cooperation Treaty and the  
Implementing Regulations to the T reaty. 
 
Section 2a applies correspondingly. 
 
Section 67. Separate Register of Inte rnational Applications 
As a receiving Off ice, the Norwegian Indust rial Property Office  shall keep a separate 
register of filed international applications. The register will not be available to the 
public for inspection. 
 
Section 68. Priority Claim in International Applications 
The applicant may claim priority in accordance w ith sect ion 6 of the P atents Act, cf. Article 
8 of the  
Patent Cooperation Treaty and the  Implementing Regulations to the T reaty, Rule 4 (10) 
and (26), on the basis of the f irst application that describes the invention if it was filed in 
a state that is a party to the P aris Convention on Pr otection of Indust rial Property of 
March 20, 18 83, the Agreement Est ablishing the Wo rld Trade Organization (WTO) of April 
15, 1994, or the Euro pean 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 w ith the legislation in a state that is a party to the Paris Convention or in 
accordance w ith a bilateral or a multilateral agreement entered into between states that 
are parties to the P aris Convention. The provisions in sect ions 14  and 15 sha ll apply 
correspondingly. 
A priority claim shall either be included in the international application wh en the 
application is filed with the No rwegian Indust rial Property Office  or be forwarded within 
four months f rom the filing date of the international application. The claim shall contain 
information about the patent authority with wh ich the c laimed application was f iled, the 
date on wh ich it was filed and the  application num ber. If the application numb er is not 
known wh en the priority claim is filed, the numb er shall be forwarded as soon as the 
applicant gets know ledge hereof. If the claimed application is a regional application, the 
claim shall also cont ain information about the authority that is responsible for granting 
patents un der the regional schem e. If all the st ates under the regional scheme  are not 
parties to the P aris Convention or the WTO Agreement, the c laim shall also mention one  
state that participates in the sch eme and that is a party to the P aris Convention or the 
WTO Agreement. If the priority claim does not m eet the requirements st ipulated in the 
present paragraph, the No rwegian Industrial Property Office  shall grant the ap plicant a 
time limit of four  months f rom the international application date in which to co rrect the 
deficiencies in the c laim. 
 
The applicant may correct or add a priority claim by written notification to the  Norwegian 
Industrial Property Office  or the International Bureau of the W orld Intellectual Property 
Organization within a time limit of 16  months f rom the  priority date. If the co rrection or 
addition will cause a change of the priority date, the 16 months  time limit shall be 
computed as from whichever priority date expires first. In conn ection with a request for 
correction or addition that will result in a change of the  priority date, the w ritten 
notification must be subm itted within four months f rom the  international application date. The applicant shall not be entitled to make co rrections 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 w ith sect ion 68, the applicant shall file a 
priority docum ent with the Norwegian Indust rial Property Office  or the International 
Bureau in accordance w ith Rule 17.1 (a) of the  Implementing Regulations to the P atent 
Cooperation Treaty. 
 
If the No rwegian Industrial Property Office  is to issue a  priority docum ent, the applicant 
may request the No rwegian Indust rial Property Office  to transfer the document to the  
International Bureau in accordance w ith Rule 17.1 (b) of the Implementing Regulations to 
the Patent Cooperation Treaty. If the priority docum ent is available to the No rwegian 
Indust rial Property Office  from an electronic register, the applicant may request that the 
Norwegian Industrial Property Office  shall transfer the priority docum ent electronically to 
the International Bureau. The applicant may also request that the International Bureau 
shall transfer a  priority docum ent that is available to the International Bureau from an 
electronic register to the No rwegian Industrial Property Offic e. 
 
Section 70. Informat ion about Deposited Biological Material 
If biological material has been deposited, the applicant shall provide the International 
Bureau with written information about the depositary institution with which the biological 
material was deposited and the reference numb er that this institution has accorded the 
biological material unless this information has been provided in the ap plication. The 
information sh all 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 w ith Article 21 (2) (b) of the P atent Cooperation 
Treaty, the information sh all be provided not later than con currently with the request for 
publication. 
 
Section 71. Application of the  Rules in the Regulations to Inte rnational Applications 
Unless oth erwise stipulated in the provisions in this Ch apter, the oth er provisions in the 
Regulations, w ith the exception of Chapter 11, shall also apply to international 
applications th at enter the national phase 
pursuant to the  Patents Act section 31 or  are accepted for processing pursuant to the 
Patents Act section 
38. 
 
Section 72. Language for Entry into the Nat ional Phase or Review of Int ernational 
Applications 
If an international application is in another language t han Norwegian or English, a 
translation into 
Norwegian or English sh all be subm itted if the application enters the n ational phase 
pursuant to the 
Patents Act section 31 or  if a request is filed for a review in accordance w ith the Patents 
Act section 38. Section 5 sha ll apply correspondingly. If only parts of the international 
application enter the n ational phase in Norway, the No rwegian 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 cov ered by 
the translation and the reason why th ese parts have been left out.  
 
Section 73. Division of an Int ernational Application Comprising a P lurality of Invent ions 
If an applicant applies for protection of an independent invention stated in an 
international application, the application must be divided in accordance w ith sect ion 22 
and a new application fee must be  paid even if an additional fee has been paid  in 
accordance w ith sect ion 36, first parag raph, of the P atent Act. Section 74. Notice to the Inte rnational Bureau 
If an international application enters the n ational phase in accordance w ith sect ion 31 of 
the Patents Act and, on expiration of the  time limit for th is, the Norwegian Industrial 
Property Office  has not registered that the International Bureau has received the 
application, the N orwegian Indust rial Property Office  shall notify the Bureau hereof. 
 
Section 75. Abstract and Basic Docum ents for Inte rnational Applications th at Enter into 
the Nat ional 
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 Indust rial Property Office  may only request a 
copy and a tr anslation hereof if this is in accordance w ith Rule 17 (2) of the Implementing 
Regulations to t he 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 wh en the 
application is processed in Norway. If there is no such abstract, the No rwegian Industrial 
Property Office  shall determine the abstract. Section 11  shall apply correspondingly to 
such determination of an abstract. 
 
For international applications th at enter the national phase pursuant to the Patents Act 
section 31 and th at are in Norwegian or English, the co py of the  description, with 
accompanying drawings and patent claims, th at has been subm itted in accordance w ith 
the Patents Act section 31, is regarded as the basic docum ent. If a translation is required 
for entry of the  international application into the n ational phase, the t ranslation of the  
description with accompanying drawings and patent claims that have been filed in 
accordance w ith sect ion 31  of the P atents Act shall instead be regarded as the basic 
documents. If amendments have been made to the t ranslation within the t ime limit 
stipulated in section 77  of these Regulations, the amended translation sh all be regarded 
as the basic docum ent. If a patent has been granted with the patent holder’s cons ent 
before the expiration of the  time limit in accordance w ith section 77, the description with 
accompanying drawings and patent clai ms in their form on the  date on wh ich the patent 
was granted shall be regarded as the basic docum ents. The same shall apply if the 
application has been rejected before the expiration of t he time limit stipulated in section 
77. 
Section 4 sha ll apply correspondingly to what w ill be regarded as basic docum ents in an 
application that is accepted for processing in accordance w ith sect ion 38 of the P atents 
Act. 
 
Section 76. Novelty Search of Inte rnational 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 subm itted to the No rwegian Industrial Property Offic e, cf. section 69, third 
paragraph, second period, of the P atents Act. 
 
A written opinion on points of f act regarding an international application cannot be  
submitted without the  
applicant’s consent before the expiration of the  time limit stipulated in sect ion 77. 
 
Section 77. Time Limit for the Date for  First Decision on  International Applications 
The No rwegian Industrial Property Office  cannot d ecide an international application, cf. 
section 34  of the Patents Act, until four months after the expiration of t he time limit 
stipulated in section 31, first paragraph, of the  Patents Act unl ess the ap plicant so 
requests. 
 
Section 78. Time Limit for Review in accordance w ith Section 38  of the P atents Act 
The time limit for requesting a review in accordance w ith sect ion 38  of the P atents Act 
is two m onths f rom when not ification of a  decision in accordance w ith sect ion 38, first 
parag raph, of the P atents 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 fo llowing definitions provided below sha ll apply in this Ch apter: 
 
1.   certificate: a supplementary protection certificate for medicinal products or 
plant protection products 
2.   The Me dicinal Products Regulation: Annex XVII, item 6, to the Agreement 
Establishing the Euro pean Econom ic Area (Regulation (EC) No. 469/2009 of the 
European Parliament and of the Council of May 6, 2009  concerning the  
supplementary protection certificate for  medicinal products) with adaptations to  
the EEA  Agreement, including the  amendments and additions provided in annex 
XVII, Protocol 1 to the  Agreement and elsewhere in the Agreement 
3.   The P lant Protection Products Regulation: EEA Agreement, Attachment XVII 
article 6a (Regulation (EC) No. 1 610/96 of the Euro pean Parliament and of the 
Council of July 23, 1996 conc erning the  creation of a  supplementary protection 
certificate for  plant protection products) w ith the amen dments and additions th at 
follow from Protocol 1 to the  Agreement and from the Agreement in general. 
 
Section 80. Application for  a Certificate 
An application for  a certificate and for an extension of such certificate shall be filed with 
the Norwegian Industrial Property Office on a  specific  application form. The applicant shall 
fill in the f orm and the  appendices in printed letters. The application must be signed by 
the applicant or the applicant’s repre sentative. Section 2a  applies correspondingly. If the 
applicant has applied for a certificate for  the same product in other EEA  Member States, 
the applicant shall state the application numbers and ap plication authorities in addition to 
the information that must be disclosed in the ap plication in accordance w ith Article 8 of 
the Me dicinal Products Regulation or Article 8 
of the Plant P rotection Products Regulation. 
 
The application sh all be in Norwegian or English. If an appendix to the  application is in 
another languag e, a translation hereof shall be enclosed. The No rwegian Industrial 
Property Office  may require that the translation sh all be certified by a translator or be 
approved in some  other way by the No rwegian Industrial Property Offic e. The No rwegian 
Indust rial Property Office  may grant an exemption from the o bligation to su pply a 
translation. 
 
If the certificate 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 ap plication. 
 
Section 81. Amendments to an Application for  a Certificate 
An application for  a certificate cannot be  amended so t hat a certificate is applied for 
regarding anoth er product or another original patent. 
 
Section 82. The No rwegian Industrial Property Off ice’s Info rmation about the Processing 
of the  
Application, etc.  
The No rwegian Industrial Property Office  shall examine the Register of Certificates to 
check that the requirement in Article 3 (c) of the Me dicinal Products Regulation or 
Article 3 (1) (c) of the  Plant Prot ection Products Regulation has been com plied with. 
 
Before a supplementary protection certificate for  medicinal products m ay be issued, 
confirmation must h ave been obtained from the Norwegian Medicines Agency that the 
marketing auth orisation stated in Article 3 (b) of the Me dicinal Products Regulation is the 
first that has been granted to mark et the product as a medicinal product in Norway. 
Before a supplementary protection certificate for  plant protection products m ay be issued, 
confirmation must h ave been obtained from the  Norwegian Food  Safety Authority that the 
marketing authorisation mentioned in Article 3 (1) (b) of the Plant P rotection Products 
Regulation is the f irst authorisation that has been granted to mark et the product as a 
plant protection product in Norway. 
 
The rules in sect ion 15, first and third paragraphs, and section 16  of the P atents Act shall apply correspondingly to t ime limits stipulated in Article 10 (3) of the Me dicinal Products 
Regulation and Article 
10 (3) of the Plant P rotection Products Regulation. 
 
Section 27a first parag raph applies correspondingly to the processing of applications for 
certificates and for extensions . 
 
 
Section 83. Contents of the  Certificate 
A certificate shall contain the information stipulated in sect ion 44, nos. 1 to 12. 
 
An amended certificate shall contain the information stipulated in sect ion 54. 
 
Section 84. Request for Change of the Pe riod of Validity 
Anyone m ay sub mit a written request to the No rwegian Industrial Property Office  
regarding a ch ange of the period of validity for  an issued c ertificate. The request shall 
contain: 
 
1.   the name and address of t he 
requester 
2.   information about the c ertificate numb er or the original patent numb er 
3.   the grounds on wh ich the request is based. 
 
The No rwegian Industrial Property Office  shall reject a request that does not 
comply with the requirements in the  first parag raph. 
 
If a request has been filed by another party than the c ertificate holder, sect ion 
37 shall apply correspondingly. 
 
If the period of validity is changed, the No rwegian Industrial Property Office  shall issue a 
new certificate, notify the requester and make an entry on th is in the register. If the 
period of validity is not changed, the No rwegian Indust rial Property Office  shall notify the 
requester hereof. The not ification sh all contain information about the requirements for 
appeal proceedings for appeals brought before the Board of 
Appeals of the No rwegian Industrial Property Office  and an inquiry about wh ether t he 
requester wishes to ma intain the request. 
 
Section 2a and the P atents Act section 24 s eventh pa ragraph apply correspondingly. 
 
 
 
 
Section 85. Right of Appeal 
If an application for  a certificate or an extension  is rejected or shelved, the applicant may 
lodge an appeal with the B oard of Appeals of the No rwegian Industrial Property Offic e. 
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 No rwegian Industrial Property Office  if, within 
two m onths from when notification was received that the request has been rejected, the 
party against whom the  Norwegian Industrial Property Offic e’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 
docum ents th at are subm itted to the Board of Appeals of the No rwegian Industrial 
Property Offic e. 
 
Section 86. Legal Actions 
If the Board of Appeals of the Norwegian Indust rial Property Office  rejects an application 
for a certificate or an extension , the applicant may bring the  decision before the cou rts. 
Section 27, third paragraph, of the P atents Act shall apply correspondingly. 
 If the Board of Appeals of the Norwegian Indust rial Property Office  has rejected a request 
for a change of the period of validity for  a certificate, the c ertificate holder may bring the 
decision before the cou rts within two m onths fr om wh en notification of the  decision was 
sent to the c ertificate holder in question. The t ime limit for bringing legal action sh all be 
stated in the not ification. No oth er parties than the c ertificate holder may bring before the 
courts the decision to reject a request for a  change of the period 
of validity for  a certificate. 
 
Anyone m ay bring a l egal action before the cou rts in order to h ave an issued c ertificate 
or an extension declared invalid. The party who brings a l egal action for  invalidity shall 
concu rrently notify the No rwegian Industrial Property Office  hereof. Section 64  of the 
Patents Act shall apply correspondingly. 
 
Section 87. Representative of the Certificate Holder 
(Repe aled 1. July 2010 by FOR-2010-06-25-937) 
 
 
 
 
Chapter 14. Def inition of P lant Variety. The Agricultural Exemption 
Section 88. Definition of P lant Variety 
In the Patents Act and th ese Regulations, p lant 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 com bination of genotypes, 
2.   can be distinguished from any oth er plant grouping by the expression of at least 
one of the s aid characteristics, and 
3.   can be cons idered as a unit with regard to its suitab ility for  being propagated 
unchanged. 
 
The expression of ch aracteristics in accordance w ith the  first parag raph, no. 1,  can be 
invariable or v ariable between plant variety const ituents of the same type, provided 
that the v ariation 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 w ith sect ion 3 b, first 
parag raph, 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 s ativum 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 vu lgare 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 D esf. (durum wheat) and T riticum s pelta L. (spelt 
wheat) 
3.   Potatoes: Solanum tub erosum (potatoes) 
4.   Oil and fibre plants: Brassica napus L. - partim - (rape), Brassica rapa L. - 
partim - (field must ard) and Linum usitati ssimum (common flax). 
 
Section 90. Fee for Exercise of Right in accordance w ith Section 3 b, First Paragraph, of 
the Patents Act No fee shall be payable for the exercise of the right in accordance w ith 
section 3 b, first parag raph, of the P atents Act if the propagating material is used on 
small farms. Small farms are farms that: 
 
1.   do not cu ltivate potatoes in an area that exceeds the area necessary to produce 
185 tonnes of potatoes per harvest, irrespective of the s ize of the area in which 
the farm er may cultivate oth er plants th an potatoes 
2.   do not cu ltivate 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, 
irrespective of the s ize of the area in which the farm er may cultivate oth er plants 
than forage plants 3.   do not cu ltivate the oth er plant varieties mentioned in sect ion 89  of these 
Regulations in an area that exceeds the area necessary to produce 92 tonn es of 
grain per harvest, irrespective of the s ize of the area in which the farm er may 
cultivate oth er plants. 
 
Other  farmers shall pay the rights ho lder a reasonable fee, which sh all be significantly 
lower than the amount t hat may be charged for a licence to produce propagating 
material of the s ame type in the same area. Unless oth erwise agreed , the f ee shall 
correspond to 50 per cent of the amount that is charged for a  licence of the type 
mentioned in the f irst period of th is paragraph. 
 
A farmer shall not pay a fee for use of breedi ng an imals or other animal-
propagating material in accordance w ith sect ion 3 b, second paragraph, of the 
Patents Act. 
 
Section 91. Duty to Disclose Informat ion 
Unless oth erwise agreed , the f armer shall, on r equest, 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 parag raph, of the Patents Act, cf. sections 90  and 89 of these 
Regulations, h ave 
been com plied with and for charging any f ee in accordance w ith sect ion 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 s ection 3 b, first parag raph, of the Patents Act 
2.   the enterprise that may have produced the plant-propagating material for the 
farmer on the  
basis of the f armer’s harvested products (the  processing enterprise). 
Unless oth erwise agreed , the processing enterprise shall, on r equest, provide the rights 
holder with information about the quantity of h arvested products t hat 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 h arvested products. The 
right to request information sh all only apply to information from the cu rrent production 
year and the  three previous y ears. 
 
 
 
 
Chapter 15. The Ethics Committee in Patent Cases 
 
Section 92. Request for an Advisory Statement 
If the No rwegian Indust rial Property Office  is in doubt about wh ether s ection 1 b  of the 
Patents Act prevents the acc eptance of  an application or about whether a patent has 
been granted in cont ravention of th is provision, the N orwegian Industrial Property Office  
shall request 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 P atents Act. 
 
The request for an advisory statement shall be in writing and the  grounds on which the 
request is filed shall be given. The No rwegian Indust rial Property Office  shall send a copy 
of the request to the parties to the proceedings, who sh all be granted a  time limit of one  
month in which to subm it written comm ents to the Eth ics Committee in 
 
Patent Cases. The time limit may be extended by the No rwegian Indust rial Property Office  
or the Eth ics 
Committee if this is found to be reasonable. 
 
Section 93. Organisation of the Eth ics Committee 
The Eth ics Committee in Patent Cases shall cons ist of f ive members with personal deputy 
members. The Ethics Committee shall be organised as a comm ittee under the Nat ional 
Committee for Research Eth ics in Science and Techno logy (NENT). 
 
The m embers and deputy members of the Eth ics Committee, including a Chairman of the 
Ethics Committee, shall be appointed by the Min istry of Education a nd Research, fo llowing nominations from the Nat ional Committees for Research Eth ics, for a  term of four years. 
No person may serve as a member of the Eth ics Committee for more than two 
consecutive terms. 
 
A member or a deputy m ember may be released from his or her duties by the Min istry of 
Education a nd Research before the end of the t erm at his or her own request or in the 
event of m aterial breach of h is or h er duties as a comm ittee member. 
 
Section 94. Rules of Pr ocedure for the Eth ics Committee 
Cases that are brought before the Eth ics Committee in Patent Cases shall be heard by 
the fu ll Ethics Committee unless the Ch airman of the E thics Committee finds, based 
on the nature of the c ase, that three members will be suff icient. The m embers of the 
Ethics Committee shall endeavour to present a joint advisory statement. The advisory 
statement shall be a written and reasoned statement. 
 
The Eth ics Committee’s advisory statement shall be sent to the Norwegian Industrial 
Property Office  with a copy to the  parties to the  proceedings, who sh all be given a time 
limit of one  month in which to subm it written observations to the No rwegian Indust rial 
Property Offic e. The time limit may be extended by the No rwegian Indust rial Property 
Office  if this is found to be reasonable. 
 
Section 95. Right of Access to Inspect Docum ents 
The docum ents in cases for  the Eth ics Committee in Patent Cases are cov ered by the 
Norwegian Freedom of Info rmation Act, but to the effect th at the docum ents in cases for 
the Eth ics Committee will only be 
made available to the public concu rrently with the Norwegian Industrial Property Offic e’s 
docum ents in  
the case in question, cf.  section 22, first to th ird paragraphs, of the Patents Act. The 
duty of s ecrecy in accordance w ith sect ion 13  of the No rwegian Public Administration 
Act shall not comprise information 
that conc erns the invention after the docum ents in the  case have become  available 
to the public in accordance w ith sect ion 22, first to th ird paragraphs, of  the Patents 
Act. 
 
 
 
 
Chapter 16. Compulsory Licence  and Exhaustion 
Section 96. Request for a  Compulsory Licence 
Anyone who su bmits a request for a  compulsory licence to the No rwegian 
Competition Authority in accordance w ith sect ion 50  a of the Patents Act shall, on 
demand, pay a fee of NOK  10,000 to the No rwegian Competition Authority. If the 
fee is not paid within the t ime limit set by the No rwegian Competition Authority, the 
request for a  compulsory licence shall be rejected. 
 
Section 97. Compulsory Licence to M anufacture and Export Products 
If the requirements in s ection 98 have been com plied with, a producer of pharmaceutical 
products in No rway shall, on r equest, be granted a  compulsory licence in accordance w ith 
section 47  of the P atents Act to manufacture and export pharmaceut ical products to an 
eligibl e importing sta te that has requested the producer to sup ply the products. An 
eligibl e importing state shall be a state or a customs t erritory that meets the fo llowing 
requirements: 
 
1.   the st ate or territory is among  the least developed states or territories 
according to the UN’s c lassification at the t ime in question or has insuffic ient 
manufacturing cap acity in accordance w ith the Annex to the WTO’s General 
Council Decision of August 30, 2 003 (the WTO Medicines Decision) 
2.   the st ate or territory has notified the WTO’s TRIPS Council in accordance w ith the 
WTO Medicines 
Decision, pa ragraphs 1 (b) and 2 (a). 
 
If the state is not a party to the WTO Agreement, the  notification in accordance w ith the 
first parag raph, no. 2, s hall be given to the  Norwegian Min istry of Foreign Affairs. 
 
Section 98. Requirements for Compulsory Licence to Manufacture and Ex port Products A compulsory licence in accordance w ith sect ion 97  will only be granted if the 
following requirements have been com plied 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 w ith section 
49, first parag raph, of the Patents Act 
2.   the product is c overed by the WTO Medicines Decision, pa ragraph 1 (a) 
3.   the product w ill exclusively be manufactured for export to the eligible importing 
state in order to cov er said state’s current need for the product for h ealth 
purposes, as described in the not ification stipulated in section 97  of these 
Regulations 
4.   the invention is not protected by a patent in the eligibl e importing state or  the 
eligible importing state has granted or  has undertaken proceedings to o btain a 
compulsory licence in accordance w ith 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 w ith section 50, second paragraph, of the Patents Act, the 
econom ic value to the importing state of the exploitation of the  invention shall be 
taken into accoun t. 
 
More detailed terms and requirements for granting a compu lsory licence m ay be imposed 
in the decision to grant the licence, cf. section 50, second paragraph, of the Patents Act. 
This shall include terms and requirements sti pulating: 
 
1.   that the packaging and con tainer shall be clearly distinguishable from those  of 
products b eing off ered for sale in Norway or in another state by the patent 
holder himself or with the patent holder’s cons ent 
2.   that the products s hall be labelled so th at it is clearly shown th at the medicinal 
product has been 
manuf actured on the basis of a compulsory licence in Norway for export to a  
specified importing state in accordance w ith the WTO Medicines Decision 
3.   that the manufacture and export shall cease if the co mpulsory licensee learns 
that the products are being us ed to an appreciable degre e for purposes that are 
not in accordance w ith the t erms 
and requirements for granting the  compulsory licence, cf. the first parag raph, no. 3. 
 
Section 99. Notification of G rant of Compulsory Licence to M anufacture and Export 
Products 
The com petent cou rt or the Norwegian Competition Authority shall notify the T RIPS 
Council about the com pulsory licence in accordance w ith the WTO Medicines Decision, 
paragraph 2 (c). If the st ate is not a party to the WTO  Agreement, the not ification sh all 
be given to the No rwegian Min istry of Fo reign Affairs. 
The com pulsory licensee shall post information on h is website in accordance w ith the 
specifications in the 
WTO Medicines Decision, pa ragraph 2 (b) (iii). 
 
Section 100. Limited Exh austion for  Medicinal Products Marketed in Individual EEA 
Member States A patent holder may refuse exploitation in Norway of patented 
medicinal products t hat have been brought on the market in Bulgaria, Eston ia, 
Croatia, Latvia, Lithuania, Poland, Rumania, Slovaki a, 
Slovenia, the Czech Republic or Hungary by the patent holder himself or with the patent 
holder’s cons ent 
if patent protection or a supplementary protection certificate cannot be obtained for 
the m edicinal product in the  count ry in question at the t ime at which the application 
for such p rotection was f iled in Norway, cf. section 3, third paragraph, no. 2, of the 
Patents Act. 
 
Anyone who w ishes to import into No rway a patented medicinal product in accor dance 
with the f irst 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 N o. 1559 of December 22, 
1999 relating to m edicinal 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 No rway and us ed in Norway for the repair of aircraft registered in a 
foreign state that is a party to the Convention on  International Civil Aviation of 
December 7, 1 944 (the Chicago Convention) and that is either a  party to the P aris 
Convention on Pr otection of Intellectual Property of M arch 20, 18 83, or has patent 
legislation that recognises inventions ma de by nationals of another state that is a party 
to the Chicago Convention and that provides such inv entions w ith a level of protection 
that is essentially in confo rmity with the protection provided und er the P aris 
Convention. 
 
Section 102. Docum ent formats, f iling dates, time limits and fees 
Applications and other documents m ay be subm itted on paper or electronically pursuant to 
the 
Regulation Relating to Fees to the No rwegian Industrial Property Offic e, etc. 
 
Provisions conc erning time limits, fees and when a document shall be cons idered 
submitted with the effect th at a time limit is interrupted, are set forth in the Regulation 
Relating to F ees to the No rwegian Industrial Property Offic e, etc. 
 
Section 103. Address for co rrespondence w ith the patent holder 
Section 2a applies correspondingly to co rrespondence with the patent holder and 
the ho lder of a sup plementary protection certificate for  medicinal products or plant 
protection products. 
 
Section 104. Submitted Mod els 
Submitted models will be stored in the Norwegian Industrial Property Office  throu ghout 
the ap plication period and the  life of the patent and for up to f ive years after the 
termination of the  patent. 
 
Submitted models shall be regarded as case docum ents, and any  member of the public 
shall be entitled to inspect these  models at the Norwegian Indust rial Property Offic e, 
and, in so f ar as this is practically possible, be entitled to o btain copies or pictures hereof 
on a suitable medium. 
 
A subm itted model may only be demand ed returned if it is not of importance to the  
assessment of patentability. If a model has been subm itted to the No rwegian Industrial 
Property Office  and the  holder has not requested that the model be returned before the 
time stipulated in the f irst paragraph, the No rwegian Indust rial Property Office  shall 
decide what action to t ake regarding this model. 
 
Section 105. Language Requirements for Subsequent Docum ents 
Docum ents that conc ern granted patents, including docum ents in o pposition procedures, 
administrative reviews or  appeal proceedings shall be in Norwegian, Danish or Swedish. 
Docum ents concerning administrative patent limitation proceedings m ay, in a ddition to 
the languag es mentioned in the f irst sentenc e, be in English if the patent that the 
petition for  limitation conc erns is in English. If a docum ent is in another languag e, the 
Norwegian Indust rial Property Office  or the Board of Appeal for Indust rial 
Property Rights m ay require that a translation into No rwegian be subm itted within a 
deadline stipulated by the No rwegian Industrial Property Office  or the Board of Appeal 
for Indust rial Property Rights. The  Norwegian Indust rial Property Office  or the Board of 
Appeal for Indust rial Property Rights m ay demand th at the t ranslation be certified by a 
government authorised translator. 
 
The No rwegian Industrial Property Office  or the Board of Appeal for Indust rial Property 
Rights m ay, in individual cases, accept another language th an those mentioned in the 
first parag raph. 
 
 
 
Section 105a . Cooperation on the Use of Written Opinions on P atentability 
The No rwegian Industrial Property Office  may establish coo peration with another patent 
authority that entails giving priority to the  processing of applications received by the one  patent authority insofar as the patent application conc erns a claim that the oth er patent 
authority has declared patentable. 
 
Section 106. Entry into Forc e, etc. 
The Regulations sh all enter into fo rce on January 1, 2 008. Regulations N o. 1162 of 
December 20, 1996 to the P atents Act and Regulations N o. 1263 of December 23, 1996 
Amending the  Patents Act and the P atent Regulations sh all be repealed with effect as 
from the  above date. 
 
The processing of applications for  which a decision has been made to make th em 
available to the public for inspection before January 1, 1 997 shall be conc luded in 
accordance w ith the rules of procedure that applied until  January 1, 1 997.