The Norwegian Patents Act  
This is an unofficial translation of the Norwegian Patents Act. Should there be any differences between this translation and  
the authentic Norwegian text, the decision will be made on the basis of the authentic Norwegian text  
Norwegian title : Lov av 15. Desember 1967 nr. 9 om patenter (patentloven)   
 
Entry into force of last amending Act:  January  1, 201 8.  
(The table of contents below is not a part of the Act. It has been included for the purposes of information.)  
Table of Contents  
Chapter 1  General Pr ovisions Sections 1 -6. Chapter 2  The Patent Application and its processing, etc Sections 7 -27. Chapter 3  International Patent 
Applications Sections 28 -38. Chapter 4  The Extent an d Duration of the Patent Sections 39 -40. Chapter 5  Annual Fees Sections 41 -42. Chapter 6  Licence, 
Transfer etc Sections 43 -50. Chapter 7  Termination of the Patent etc Sections 51 -55. Chapter 8  Obligation to Giv e Information about Patents Section 56. 
Chapter 9  Provisions concerning Legal Protection etc Sections 57 -62. Chapter 9a  Prolonged Term of Protection for Medicinal Products Sections 62a -62b. 
Chapter 10  Provisions on Legal Proceedings Sections 63 -66. Chapter 10a  European Patents Sections 66a -66m Chapter 11  Miscellaneous Provisions Sections 
67-76. Entry into Force and Transitional Provisions. Section 77.  
Chapter 1 General Provisions  
Section 1.  Within any technical field, any person who has made an invention which is susceptible of industrial application, o r his successor in title, shall, 
in accordance with this Act, have the right on application to be granted a patent for the invention and thereby obtain the ex clusive right to exploit the 
invention commercially or operationally.  
Subject matters not regarde d as inventions include anything which merely consists of:  
1. discoveries, scientific theories and mathematical methods;  
2. aesthetic creations;  
3. schemes, rules or methods for performing mental acts, playing games or doing business, or programs for co mputers;  
4. presentations of information.  
 
Inventions may also constitute patentable inventions when they concern a product consisting of or containing biological mater ial, or a process by 
means of which biological material is produced, processed or used . Biological material, which is isolated from its natural environment or produced by 
means of a technical process, may be the subject of an invention even if it already occurs in nature. Biological material mea ns, for the purpose of this 
legal text, materi al that contains genetic information, and can reproduce itself or be reproduced in a biological system.  
A patent cannot be granted in respect of plant or animal varieties. Inventions that concern plants or animals may, however, b e patentable if usage of t he 
patent is not technically limited to one particular plant or animal variety. The King may, by regulation, determine what shou ld be considered a plant or an 
animal variety.  
A patent cannot be granted for what are essentially biological processes to prod uce plants or animals. An essentially biological process means, for the 
purpose of this legal text, a process, which consists entirely of natural phenomena such as crossing or selection. A patent m ay, on the other hand, be 
granted for microbiological or ot her technical processes or for a product produced by such processes. A microbiological process means, for the purpose of 
this legal text, any process involving, performed upon or resulting in the production  of microbiological material.  
A patent shall not be granted for methods for surgical or therapeutic treatment or diagnostic methods, practiced on humans or  animals. This 
provision shall not prevent the grant of patents for products, including substances and compositions of substances, for use in such methods.  
Section 1 a . The human body, at all of the various stages of its formation and development, and the simple discovery of one of its 
elements, including the sequence or partial sequence of a gene, cannot constitute patentable invent ions.  
An element which is isolated from the human body or otherwise produced by means of a technical process, including the sequenc e of a 
gene, may constitute a patentable invention, even if the structure of that element is identical to that of a naturall y existing element.  
Section 1 b. Inventions shall be considered unpatentable where their commercial exploitation would be contrary to ordre publi c or morality.  Such 
exploitation shall not be deemed so contrary merely because it is prohibited by law or re gulation. On the basis of the first paragraph the following, in 
particular, shall not be patentable  
1 processes for cloning human beings,  
2 processes for modifying the genetic identity of human sex cells,  
3 use of human embryos for industrial or commerc ial purposes, and  
4 processes for modifying the genetic identity of animals, which are likely to cause them, suffering without any substantial me dical benefit to man or 
animal, including animals resulting from such process.  
 
Section 2.  Patents shall be g ranted only for inventions which are new in relation to what was known before the filing date of the 
patent application, and which also differ essentially therefrom.  
Everything made available to the public, either in writing, in lectures, by exploitation or otherwise, shall be considered as known. The contents of a patent 
application filed in this country before the said date shall also be considered as known if the application is made available  to the public in accordance with the 
provisions of section 22 . The requirement in the first paragraph that the invention shall differ essentially from what was known shall not apply in r elation to 
the contents of such an application.  
Applications referred to in Chapter 3 shall have the same effect as applications f iled in this country in the cases indicated in sections 29 and 38.  
The requirement in the first paragraph that the invention must be new in relation to what was known before the filing date of  the patent 
application shall not prevent the grant of a patent  for known substances or known compositions for use in the methods referred to in section 
1, sixth paragraph, provided that the use of the substance or the composition of substances is not known in relation to any o f those methods.  
A patent may be granted  despite the fact that the invention has been made available to the public within six months prior to the filing of the 
application:  
1 through evident abuse in relation to the applicant or his predecessor in title; or  
2 through display of the invention b y the applicant or his predecessor in title at an official or officially recognized international exhibition falling within 
the terms of the Convention on International Exhibitions, done at Paris on November 22, 1928.  
 
Section 3.  The exclusive right confe rred by a patent shall, with the exceptions referred to in the third paragraph, imply that no one but the 
patent holder may, without his consent, exploit the invention by:  
1 producing, offering for sale, putting on the ma rket or using a product protected by the patent, or by importing or possessing the product for such 
purposes;  
2 using or offering to use a process protected by the patent or, whilst knowing, or it being obvious from the circumstances, th at the use of the 
process is prohibited without the consent of the patent holder, offering the process for use in this country;  
3 offering for sale, putting on the market or using a product made by a process protected by the patent, or importing or posses sing the product f or 
such purposes.  
 
The exclusive right shall also imply that no one but the patent holder may, without his consent, exploit the invention by off ering or supplying any 
person who is not entitled to exploit the invention in this country with the means for c arrying out the invention, provided that the means relate 
to an essential element of the invention and the person supplying or offering the means knows, or it is obvious from the circ umstances, that the 
means are suitable and intended for such exploitation . If the means are staple commodities, this provision shall only apply where the person 
offering or supplying the means attempts to induce the recipient to commit acts infringing the exclusive right provided for i n the first paragraph. 
In relation to the p rovisions of this paragraph, persons exploiting the invention as referred to in the third paragraph, items 1, 3 or 4, shall n ot be 
considered entitled to exploit the invention.  
The exclusive right shall not include:  
1 Exploitation outside the course of p rofessional activity.  
2 Exploitation of products protected by the patent which have been put on the market in the European Economic Area by the paten t holder or with his 
consent, if this is not determined differently by regulation laid down by the King.  
3 Exploitation by experiment relating to the subject matter of the invention.  
4 Preparation in a pharmacy of a medicine in accordance with a prescription in individual cases, or acts carried out with a med icine so prepared.  
5 Tests, experiments and the l ike on a patented medicine necessary to obtain marketing authorization for a medicine in a state party to the WTO Treaty.  
 
Section 3 a.  The protection conferred by a patent on biological material possessing specific characteristics as a result of the inven tion shall extend to any 
biological material derived from that biological material through propagation or multiplication in an identical or divergent form and possessing those same 
characteristics.  
The protection conferred by a patent on a process that en ables biological material to be produced possessing specific characteristics as a result of the 
invention, shall extend to biological material directly obtained through that process and any other biological material deriv ed from the directly obtained 
biological material through propagation or multiplication in an identical or divergent form and possessing those same characterist ics.  
The protection conferred by a patent on a product containing or consisting of genetic information shall extend to all materia l, save as provided in 
section 1 a, in which the product is incorporated and in which the genetic information is contained and performs its function .  
The protection referred to in paragraphs 1 -3 shall not extend to biological material obtained from the pr opagation or multiplication of biological material 
placed on the market within the EEA by the holder of the patent or with his consent, where the multiplication or propagation necessarily results from the 
application for which the biological material was m arketed, provided that the material obtained is not subsequently used for other propagation or 
multiplication.  
Section 3 b . If plant -propagating material is sold or transferred, with the consent of the patent holder, to a farmer for agriculture use this s hall imply 
authorization for the farmer to use the product of his harvest for propagation or multiplication on his own farm notwithstand ing section 3 a paragraphs 
1-3.  
If breeding stock or other animal reproductive material is sold or transferred, with th e consent of the patent holder, to a farmer, the farmer shall have the 
right to use the protected animal or the reproductive material for an agriculture purpose on his own farm notwithstanding sec tion 3a paragraphs 1 -3. The 
last sentence does not provide t he right to sell the material referred to as a component of or for the purpose of commercial reproductive activity.  
The King may, by regulation, determine the conditions and the extent of the farmer’s rights according to this section.  
Section 3 c . The protection conferred by a patent on biological material, which already exists in nature, shall only extend to the part of the material that 
is necessary for the industrial application specified in the patent application. It shall be evident from the patent application how the biological material 
may be used for industrial purposes.  
Section 4 . Anyone who, at the time when the patent application was filed, was exploiting the invention commercially in this country, m ay, 
notwithstanding the patent, conti nue the exploitation, whilst retaining its general character, provided that the exploitation does not constitute an 
evident abuse in relation to the applicant or his predecessor in title. Such right of exploitation shall also, on similar con ditions, be enj oyed by 
anyone who had made substantial preparations for commercial exploitation of the invention in this country.  
The right provided for in the first paragraph may only be transferred to others in conjunction with the enterprise in which i t has arisen or  in which the 
exploitation was intended.  
Section 5.  An invention may, notwithstanding a patent, be utilized on a foreign vehicle, vessel or aircraft in connection with the use o f such means 
of transportation during their temporary or accidental stay in th is country.  
Where a foreign country grants similar rights in respect of Norwegian aircraft, the King may provide that, notwithstanding a patent, spare parts and 
accessories for aircraft may be imported into and used in this country for the repair of aircr aft belonging to that country.  
Section 6 . A patent application for an invention which has been disclosed not earlier than 12 months before the filing date in an appl ication for a patent in 
this country or for a patent, an inventor's certificate or utility  model protection in a foreign country party to the Paris Convention for the Protection of 
Industrial Property of March 20, 1883, shall, for the purposes of section 2, first, second and fourth paragraphs, and section  4, be deemed to have been filed 
on the same date as the earlier application, if the applicant so requests. The King may issue regulations prescribing that applicati ons which are not filed in a 
State party to the Paris Convention may also form the basis for priority as mentioned in the first sen tence.  
The King shall prescribe the particulars concerning the right to claim priority as referred to above.  
Chapter 2 The Patent Application and Its Processing, Etc.  
Section 7.  The patent authority of this country is the Norwegian Industrial Property O ffice.  
Section 8.  An application for a patent shall be filed in writing with the Norwegian Industrial Property Office or, in the cases referred  to in Chapter 3, 
with a patent authority or an international organization as referred to in section 28.  
The ap plication shall contain a description of the invention, including drawings where necessary, and a precise statement of the su bject matter for which 
protection by the patent is sought (patent claims). The fact that the invention relates to a chemical compou nd shall not imply that a specific use must be disclosed in the claim. The description shall be sufficiently clear to enable a person skilled in the art to carry out the in vention on the basis thereof. An 
invention which relates to or uses biological mater ial, in the cases referred to in section 8a, only be considered to be disclosed in a sufficiently clear 
manner if the requirements of section 8a are also complied with.  
 
The application shall also contain an abstract of the description and pate nt claims. The abstract shall merely serve as technical information and may not 
be taken into account for any other purpose.  
The inventor shall be identified by name in the application. If a patent is applied for by someone other than the inventor, t he ap plication shall contain a 
declaration from the applicant stating his right to the invention. If the Norwegian Industrial Property Office finds reason t o doubt the applicant's right to 
the invention, the right can be required proven.  
The applicant shall pa y the prescribed application fee. A prescribed annual fee shall also be paid for every fee year beginning before the applicat ion 
is finally decided upon.  
A fee year in accordance with this Act comprises one year and shall be reckoned the first time from t he day on which the application was filed and 
thereafter from the corresponding day of the calendar year.  
Section 8a . If, when carrying out an invention, this involves the use of biological material which is not available to the public and c annot be descr ibed in 
the application documents in such a manner as to enable a person skilled in the art to carry out the invention on the basis t hereof, a sample of the 
biological material shall be deposited not later than on the date of filing of the application. The  sample shall thereafter always be deposited so that 
anyone who under this Act is entitled to be furnished with a sample of the biological material should be furnished with a sam ple in Norway. The King 
shall decree where deposits may be made.  
If a deposited culture of a microorganism ceases to be viable or a sample of the culture cannot be furnished for other reason s, it may be replaced by a new 
culture of the same microorganism within the prescribed time limit and on the other conditions laid down by the King. In that case, the new deposit shall 
be deemed to have been made on the date that the previous deposit was made.  
Section 8 b.  If an invention concerns or uses biological material  or traditional knowledge , the patent application shall incl ude information on the country 
from which the inventor collected or received the material or the knowledge  (the providing country). If it follows from the national law in the providing 
country that access to biological material or use of traditional knowle dge shall be subject to prior consent, the application shall state whether such consent 
has been obtained.  
If the providing country is not the same as the country of origin of the biological material  or the traditional knowledge , the application shall als o state 
the country of origin. The country of origin means for biological material the country from which the material was collected from its natural environment  
and for traditional knowledge the country in which the knowledge was developed . If the nationa l law in the country of origin requires that access to 
biological material or use of traditional knowledge shall be subject to prior consent, the application shall state whether such consent has been obtained. 
If the information set out in this subsection is not known, the applicant shall state that.  
The duty to disclose information concerning biological material under the first and second paragraphs applies even where the inventor has altered the 
structure of the received material. The duty to disclose in formation does not apply to biological material derived from the human body. When  the 
biological material is aquired  in accordance with Art. 12 No. 2 and 3 of the International Treaty on Plant Genetic Resources for Food and Agriculture of 
November, 3, 2001 , a copy of a standard material transfer agreement according to Art 12.4 of the Treaty shall accompany the patent application 
instead of the information mentioned in paragraphs two and three . 
Breach of the duty to disclose information is subject to penalty  in accordance with the General Civil Penal Act § 221. The duty to disclose information 
is without prejudice to the processing of patent applications or the validity of rights arising from granted patents.  
Section 8 c.  If an invention concerns or uses bi ological material from the human body, the patent application shall include information on whether 
the person from whom the material has been derived has given his/her consent to the use of the biological material, in accord ance with the law of 
21st Februa ry 2003 no 12 about bio banks.  
Breach of the duty to disclose information is subject to penalty in accordance with the General Civil Penal Act § 221. The duty to disclose information 
is without prejudice to the processing of patent applications or the va lidity of rights arising from granted patents.  
Section 9 . If the applicant so requests and pays the prescribed fee, the Norwegian Industrial Property Office shall, on conditions lai d down by the King, 
allow the application to be subjected to a novelty sea rch by an International Searching Authority as referred to in Article 15(5) of the Patent Cooperation 
Treaty, done at Washington on June 19,1970.  
Section 10.  A patent for two or more mutually independent inventions may not be applied for in the same appli cation.  
Section 11 . If patent is sought for an invention disclosed in a patent application previously filed by the applicant, but not yet decid ed upon, the later 
application shall, at the request of the applicant and on conditions laid down by the King, b e considered as filed on the date on which the documents 
disclosing the invention were received by the Norwegian Industrial Property Office.  
Section 12.  (Repealed by Act No. 8 of March 26, 2010.)  
Section 13.  A patent application must not be amended in such a way that protection is claimed for subject matter which was not disclosed in the application at the time it was filed.  
Section 14.  (Repealed by Act No. 104 of December 20, 1996.)  
Section 15 . If the appl icant has not complied with the prescribed requirements with respect to the application, or if the Norwegian Industrial Prope rty Office 
finds other obstacles to the acceptance of the application, the applicant shall be notified to that effect and be invite d to submit observations or to correct the 
application within a specified time limit. However, the Norwegian Industrial Property Office may make such amendments in the abstract as found necessary 
without consulting the applicant.  
If the applicant fails, w ithin the time limit, to submit observations or to take steps to correct a defect which has been pointed out, the application  shall be 
shelved. Information to that effect shall be given in the notification from the Norwegian Industrial Property Office refe rred to in the first paragraph.  
However, the processing of the application shall be resumed if the applicant submits observations or takes steps to make corr ections for resumption of the 
processing within four months from the expiration of the said time l imit. The prescribed fee shall be paid.  
If the annual fee referred to in sections 8, 41 and 42 is not paid, the application shall be shelved without prior notificati on. The processing of an application 
which has been shelved for this reason cannot be resu med.  
Section 15 a.  If the Norwegian Industrial Property Office is in doubt whether a patent should be granted or refused based on section 1 b, t he Norwegian 
Industrial Property Office shall obtain an advisory statement from an ethics committee appointed b y the King, before making a decision. The ethics 
committee shall give their advisory statement within three months of receiving the request. The King may, by regulation, dete rmine specific rules for the 
committee’s procedures.  
Section 16.  If, subsequent to the receipt of the applicant's reply, the Norwegian Industrial Property Office still finds an obstacle to t he acceptance of the 
application, and the applicant has been given an opportunity to comment on the obstacle, the application shal l be refused, unless the Norwegian 
Industrial Property Office finds that further correspondence is required.  
Section 17 . If anyone claims before the Norwegian Industrial Property Office that he, and not the applicant, is entitled to the inventi on, the Nor wegian 
Industrial Property Office may, if the question is found doubtful, invite the party concerned to bring the matter before the courts of law within a specified 
time limit, whilst drawing to his attention that if he does not comply with this requiremen t, his claim may be disregarded in the further processing of the 
case.  
If an action has been brought with respect to the question of the right to the invention, the processing of the patent applic ation may be suspended 
until the courts have reached a fina l decision on the question.  
Section 18 . If anyone proves to the satisfaction of the Norwegian Industrial Property Office that he, and not the applicant, is entitle d to the invention, 
the Norwegian Industrial Property Office shall, instead of refusing the application for that reason, transfer it to him if he so requests. The transferee 
shall pay a new application fee.  
If a request has been made for transfer of a patent application, the application shall not be shelved, refused or accepted un til a final dec ision has 
been made with respect to the request.  
Section 19 . If the application complies with the prescribed requirements and there are no obstacles to the grant of a patent, the applica nt shall be 
notified that a patent may be granted.  
Subsequent to the  applicant having been notified that a patent may be granted, the patent claims may not be amended so as to extend the scope o f the 
patent protection.  
Section 20.  The applicant shall pay the prescribed fee for grant within two months from being notified b y the Norwegian Industrial Property Office 
that a patent may be granted. Failure to do so will result in the application being shelved. However, the processing of the a pplication shall be resumed 
if the applicant pays the grant  fee within four months from the expiration of the time limit. The prescribed fee for the resumption of the processing of 
the application shall be paid.  
If the applicant is the inventor and if, within two months from the mailing of the notification that a patent may be granted,  he requests exemption from 
payment of the fee for grant, the Norwegian Industrial Property Office may grant such exemption if the payment of the fee sha ll cause considerable 
difficulties for the applicant. If the request for exemption is  
refused, payment of th e fee within two months from the refusal shall be considered as payment in due time.  
Section 21 . When the grant fee pursuant to section 20 has been paid or exemption from the fee has been granted, the application shall be accepted if 
there is still no obs tacle to a patent being granted. Notice of the decision shall be published.  
When notice of the decision to accept the application has been published, the patent is granted. A patent can be granted in N orwegian or English.  At the same time as the patent is granted, the Norwegian Industrial Property Office shall publish a patent specification. The patent specification shall 
contain a description, the patent claims and a summary, as well as the name of the patent holder and the inventor. When a pat ent is grant ed in English, 
the patent specification shall contain a translation into Norwegian of the patent claims. If the translation does not corresp ond to the English text, the 
patent protection will only apply to the extent that there is agreement between the tra nslation and the English text. In cases concerning the limitation or 
validity of a patent that has been granted in English, the decision will only be based on the patent claims in English. The p atent holder may submit a 
correction of a translation as menti oned in the third sentence. When the patent holder has paid the prescribed fee, the Norwegian Industrial Property 
Office shall publish notification that a corrected translation has been submitted and keep it accessible to the public. The c orrected translat ion will then 
apply. When submitting a corrected translation, section 66 j second paragraph shall apply correspondingly.  
A patent letter shall be issued when a patent is granted.  
Granted patents are entered in the Register of Patents, which is kept by the Norwegian Industrial Property Office. Anyone is entitled to view the Register 
of Patents, to receive a confirmed transcript of the register and to receive copies of patent applications with enclosures th at have been made available to 
the public in accordan ce with section 22.   
Section 22.  All documents of the application shall be made available to the public as of the date on which the patent was granted.  
When 18 months have passed from the filing  date of the application or, if priority under section 6 has been claimed, from the date from which priority is 
claimed, the documents shall be made available to the public even if a patent has not yet been granted. However, if the appli cation has been she lved or 
refused, the documents shall not be made available to the public unless the applicant requests resumption of the processing o f the application, appeals 
against the refusal or requests re -establishment of rights under sections 72 or 73.  
At the appl icant's request, the application documents shall be made available to the public earlier than prescribed in the first or seco nd paragraph.  
When the documents become available to the public under the second or third paragraph, a notice to that effect shall  be published by the 
Norwegian Industrial Property Office.  
If a document contains trade secrets which do not relate to an invention for which patent has been sought or granted, the Nor wegian Industrial Property 
Office may, upon request and where there are  special circumstances which make it desirable, decide that the document shall not be made available to 
the public. If such request has been submitted, the document shall not be made available to the public until the request has been refused by a final 
decision in accordance with section 26, fourth paragraph.  
Proposals, drafts, memoranda and other similar working documents prepared by the Norwegian Industrial Property Office in conn ection with the 
processing of an application shall not be available to the public, unless the Norwegian Industrial Property Office so decides.  
If a sample of biological material has been deposited according to section 8a, anyone has the right to be furnished with a sa mple of the material when the 
documents of the application hav e been made available in accordance with the first, second or third paragraph. After a patent has been granted anyone who 
requests a sample of the material shall be furnished with a sample, even if the patent has been determined or annulled. This does not mean, however, that a 
sample shall be issued to anyone who in consequence of a law or regulation is not entitled to handle the deposited material. Nor shall a  sample be issued to 
anyone whose handling of the sample must be assumed to involve considerable r isk due to the harmful properties of the material.  
Until a patent has been granted or the application has been finally decided upon without a patent having been granted, the ap plicant may, 
notwithstanding the provisions of the seventh paragraph, request t hat a sample only be issued to a specially appointed expert. If the patent application 
has been refused or withdrawn the same rule applies for a sentence of 20 years from the date when the patent application was filed. The King shall 
prescribe a time limit  for submitting a claim to limit issuing of the material  and shall determine who may be appointed as an expert.  
A request for the issue of a sample shall be made in writing to the Norwegian Industrial Property Office and must contain a d eclaration to the effect that 
the restrictions laid down by the King concerning the use of the sample will be observed. If the sample may only be issued to  a specially appointed expert, 
the declaration shall be made by the expert instead.  
Section 23.  If an application whic h is available to the public is shelved or refused, a notice of this decision shall be published when it is final.  
Section 24.  Any person may file an opposition to a granted patent. A notice of opposition shall be filed in writing, state the grounds fo r the 
opposition, and reach the Norwegian Industrial Property Office within nine months from the date of grant of the patent. Under  special circumstances, 
the Norwegian Industrial Property Office may grant a short additional time limit in which to provide fur ther documentation in support of the 
opposition.  
The closing date for submitting an opposition based the patent being in conflict with section 1 b, is three years from the da te the patent was 
granted. Any person who files such an objection later than nine  months after this date shall pay a prescribed fee.  
An opposition founded on the claim that the patent has been granted to someone other than the person entitled to the patent u nder section 1, 
may only be filed by the person claiming to be entitled to the  patent. The opponent may request in the opposition that the patent be transferred to him.  
The Norwegian Industrial Property Office shall refuse an opposition which does not fulfill the conditions set forth in  paragraphs  1-3.  The Norwegian Industrial Pro perty Office shall notify the patent holder of oppositions and shall give him an opportunity to file observations on 
them.  
If an opposition has been filed, this fact shall be recorded in the Register of Patents and a notice thereof shall be published.   
If the patent against which an opposition has been filed has been granted in English, the Norwegian Industrial Property Offic e may order the patent 
holder to submit a translation into Norwegian of the patent specification. If the patent holder fails to sub mit a translation within the time limit stipulated by 
the Norwegian Industrial Property Office, the Norwegian Industrial Property Office may have the patent specification translat ed for the patent holder's 
account.   
Even if the opposition is withdrawn the processing thereof may continue provided that special reasons exist therefore.  
Section 25 . Subsequent to an opposition the Norwegian Industrial Property Office shall revoke the patent if  
1 it has been granted despite the fact that the conditions laid dow n in sections 1 and 2 are not fulfilled;  
2 it relates to an invention which is not disclosed in a manner sufficiently clear as to enable a person skilled in the art to carry out the invention on 
the basis of the description; or  
3 the subject matter exten ds beyond the content of the application as filed.  
 
If the opponent claims that he is entitled to the patent and has requested that the patent be transferred to him, the Norwegi an Industrial Property 
Office shall transfer the patent instead of revoking it , provided that it finds that, according to section 1, the opponent is entitled to the patent. section 
53 shall apply correspondingly.  
The Norwegian Industrial Property Office shall reject the opposition if there is no obstacle as referred to in the first  paragraph to the maintenance of the 
patent. If the Norwegian Industrial Property Office is in doubt whether a patent has been granted in conflict with section 1b , the Norwegian Industrial 
Property Office shall obtain an advisory statement as in section 15  a.  
If, during the opposition procedure, the patent holder has made such amendments that there is no obstacle to the maintenance of the patent as amended for 
reasons referred to the first paragraph, and the said amendments do not represent an extension of  the scope of protection of the patent beyond the patent 
as originally granted, the patent shall be maintained as amended.  
When the decision of the Norwegian Industrial Property Office or the Norwegian Board of Appeal for Industrial Property  Rights regarding  an opposition is 
final, a notice of the decision shall be entered in the Register of Patents and shall be published. If the decision entails t he maintenance of the patent in an 
amended form, the Norwegian Industrial Property Office shall issue a new patent specification and a new letters patent and shall enter the new patent in the 
Register of Patents.  
Section 26.  If the final decision by the Norwegian Industrial Property Office with respect to an application has gone against the applica nt, he ma y file 
an appeal against the decision with the Norwegian Board of Appeal for Industrial Property Rights (Board of Appeal) .  
If the final decision by the Norwegian Industrial Property Office in an opposition case has gone against the patent holder or  the op ponent, the party 
concerned may file an appeal against the de cision with the Board of Appeal .  
The applicant may file an appeal against a decision refusing a request for resumption under section 15, third paragraph, or s ection 20, first paragraph, 
or accep ting a request for transfer under sect ion 18 with the Board of Appeal . A decision refusing a request for transfer under section 18 may be 
appealed against by the requester.  
The requester may file an appeal against a decision refusing a request under secti on 22, fifth or ninth para graph, with the Board of Appeal .  
Section 27 . An appeal must be received by the Norwegian Industrial Property Office within two months from the date on which notificatio n of the 
decision was sent to the party concerned. The prescr ibed appeal fee shall be paid. If these provisions are not complied with, the appeal shall not be 
submitted for consideration.  
Even if the opponent withdraws his appeal, it may be examined if special circumstances make it desirable.  
A decision by the Boa rd of Appeal  refusing a patent application, revoking a patent, or maintaining a decision by the Norwegian Property Office to 
revoke a patent may not be brought before the courts of law later than two months from the date on which the applicant or pat ent ho lder was notified of the 
decision. Information with respect to the time limit for instituting proceedings shall be given in the notification.  
The provisions of the fifth and sixth paragraphs of section 22 shall apply correspondingly to documents s ubmitted to the Board of Appeal . Section 
24 seventh paragraph shall apply correspondingly to the Board of Appeal for Industrial Property Rights in connection with app eals against decisions by the 
Norwegian Industrial Property Office concerning an oppositio n.  
Chapter 3 International Patent Applications  Section 28 . "International patent application" means an application filed in accordance with the Patent Cooperation Treaty, done at Was hington 
on June 19, 1970 (the PCT).  
International patent applications shall be filed with the national patent authorities or international organizations which, a ccording to the PCT, are 
authorized to receive such applications (receiving Offices). The Norwegian Industrial Property Office is a  receiving Office according to provisions laid down 
by the King. The applicant must pay the prescribed fee for an international application which is filed with the Norwegian Ind ustrial Property Office.  
The provisions of sections 29 to 38 shall apply to in ternational patent applications designating Norway.  
Section 29.  An international patent application to which the receiving Office has accorded an international filing date shall have the sa me effect as a 
patent application filed in this country on the sam e date. However, the provision of section 2, second paragraph, second sentence, shall only apply if 
the application enters the national phase in accordance with section 31.  
Section 30.  An international patent application shall be considered withdrawn as f ar as Norway is concerned in cases as referred to in Article 24(1)(i) 
and (ii) of the PCT.  
Section 31 . If the applicant wishes an international patent application to enter the national phase in Norway, he must, within 31 months from the 
international fili ng date or, if priority is claimed, from the date from which priority is claimed, file a translation of the international app lication with the 
Norwegian Industrial Property Office to the extent provided by the King, or if the application is in Norwegian, a  copy thereof. The applicant shall pay the 
prescribed fee to the Norwegian Industrial Property Office.  
The Translation or transcription may be submitted within a further two -month limit against a prescribed fee.  
If the applicant fails to comply with the provisions of this section, the application shall be considered withdrawn as far as Norway is concerned.  
Section 32 . (Repealed by Act No. 127 of December 19, 2003.)  
 
Section 33. If an international patent application has entered the national phase under section 31, the provisions of Chapter 2 shall, subject to the 
provisions of this section and sections 34 to 37, apply to the application and the processing thereof. However, the processin g of the application may not, 
without the consent of the applicant, b e initiated until the expiration of the time limit according to section 31 first paragraph.  
The provisions in sections 8 b and 8 c do not apply to international applications.  
The provisions of section 22 shall also apply prior to the entry of the applica tion into the national phase, provided the applicant has complied 
with the obligation under section 31 to file a translation of the application, or, if the application is in Norwegian, has fi led a copy with the Norwegian 
Industrial Property Office.  
Sectio n 22 shall also apply before the application enters the national phase when the applicant has fulfilled his duty, pursuant to  section 31, to 
submit a translation of the application, or, if the application is in Norwegian or English, when the applicant has submitted a copy to the Norwegian Industrial 
Property Office.  
 
When applying sections 48 and 56, an international patent is deemed to have been made a vailable to the public when it has been made available in 
accordance with the third paragraph. An international application that is written in English and that has been made available  in accordance with the third 
paragraph is only deemed to have been made available to the public when applying section 60 first paragraph when the applicant has submitted a translation 
of the patent claims into Norwegian, and the Norwegian Industrial Property Office has published a notice that such a translat ion has been submit ted, cf. 
section 60 second paragraph first to third sentences.   
 
Section 34 . An international patent application shall not be accepted, nor shall it be refused, until the expiration of the time limit prescribed by the King, 
unless the applicant consents to  a decision with respect to the application prior thereto.  
Section 35.  An international patent application shall not, without the consent of the applicant, be accepted or published in print or in any similar 
manner until it has been published by the Inter national Bureau of the World Intellectual Property Organization (WIPO) unless 20 months have elapsed 
from the international filing date. If priority is claimed according to section 6, the time limit of 20 months shall be compu ted from the date from which 
priority is claimed.  
Section 36.  If a part of an international patent application has not been subjected to an international search or an international prelim inary examination on 
the ground that the application was found to relate to inventions which are m utually independent and the applicant has not paid the additional fee as 
prescribed by the PCT within the prescribed time limit, the Norwegian Industrial Property Office shall review the finding to determine if it was justified. If this 
is found to be the case, the part of the application which has not been searched or examined shall be considered withdrawn, unless the applicant  pays the 
prescribed fee within two months from the date on which the Norwegian Industrial Property Office notified him of its deci sion. If the Norwegian Industrial 
Property Office determines that the finding was not justified, it shall continue the processing of the application in its ent irety.  
The applicant may appeal against a decision according to the first paragraph in cases whe re the Norwegian Industrial Property Office has found 
that the patent application relates to independent inventions . The provisions of section 27 shall apply correspondingly to the time limit for  appeal etc. 
and to the possibility to initiate legal proceedings against decisions of the Norwegian Board of Appeal for Industrial Property Rights .  If the Board of Appeal upholds the decision by the Norwegian Industrial Property Office, the time limit for payment of such f ee as  referred to in the 
first paragraph, second sentence, shall be computed from the date on which the Norwegian Industrial Property Office sent the applicant a notification of the 
decision by the Board of Appeal.  
Section 37.  If a part of an international pat ent application has not been subjected to an international preliminary examination on the ground that the 
applicant has restricted the patent claims at the invitation of the authority concerned, the part of the application which ha s not been examined shall  be 
considered withdrawn unless the applicant pays the prescribed fee to the Norwegian Industrial Property Office within two mont hs from the invitation by 
the Norwegian Industrial Property Office to pay with reference to the restriction of the examination which has been carried out.  
Section 38.  If the receiving Office has refused to accord an international filing date to an international patent application or has decl ared that the 
application shall be considered withdrawn or that the designation of Norway shall be considered withdrawn, the Norwegian Industrial Property Office 
shall, at the request of the applicant, review the decision for the purpose of determining whether it was justified. The same  shall apply where the 
International Bureau has declared th at the application shall be considered withdrawn.  
A request for review under the first paragraph shall be submitted to the International Bureau within the time limit prescribe d by the King. The 
applicant must, within the same time limit, submit to the Nor wegian Industrial Property Office a translation of the application to the extent provided by 
the King, and pay the prescribed application fee.  
If the Norwegian Industrial Property Office finds that the decision of the receiving Office or of the Internatio nal Bureau was not justified, the 
Norwegian Industrial Property Office shall continue the processing of the application according to Chapter 2. If the receivin g Office has not accorded an 
international filing date, the application shall be deemed to have b een filed on the date which the Norwegian Industrial Property Office finds should have 
been accorded as the international filing date. If the application satisfies the requirements of the PCT as to form and conte nts, it shall be accepted in 
those respects.   
The provisions of section 2, second paragraph, second sentence, shall apply to an application which is processed according to  the third 
paragraph, provided that the application is made available to the public according to section 22.  
Chapter 4 The Exten t and Duration of the Patent  
Section 39.  The extent of the protection conferred by a patent shall be determined by the patent claims. The description may serve as a g uide to the 
understanding of the patent claims.  
Section 39a.  A patent holder may request that the patent claims or the description shall be amended in order to limit the scope of the pat ent protection 
(patent limitation).  
A request for patent limitation shall be filed in writing with the Norwegian Industrial Prope rty Office. The request may not be filed before the nine 
month time limit according to section 24 paragraph 1 for filing opposition has expired and not before oppositions  filed within the said period , if any, have 
been finally decided upon. If an action ha s been brought before the courts of law for transfer of the patent, or if a distraint has been put thereon, a request 
for patent limitation may not be filed until final decision has been taken with respect to the action or the distraint no lon ger applies. If the patent holder 
requests or has requested limitation or revocation of a European patent by the European Patent Office, the Norwegian Industri al Property Office shall 
immediately suspend its handling of a request filed in accordance with the first sent ence of this section until the European Patent Office has made a final 
decision in the matter. The Norwegian Industrial Property Office will subsequently resume its handling of the request unless there was full accordance 
between this request and the reque st filed by the patent holder with the European Patent Office.  
The patent holder shall pay the prescribed fee for the limitation procedure.  
Section 39b.  If the request complies with the prescribed requirements, the Norwegian Industrial Property Office sh all consider whether the patent as 
amended will comply with the requirements of sections 1 - 2, and whether it will apply to an invention which is described sufficiently clearly as to 
enable a person skilled in the art to carry out the invention on the bas is of the description.  
If the Norwegian Industrial Property Office finds that there are no obstacles to granting the request, the patent shall be li mited accordingly. The 
limitation shall take effect from the date on which the patent application was filed .  
Section 39c.  If the patent holder has not complied with the requirements prescribed for the request, or if the Norwegian Industrial Proper ty Office finds that 
there are other obstacles to the acceptance thereof, the patent holder shall be notified to that effect and be invited to submit observations or to correct the 
request within a specified time limit.  
If the patent holder fails, within the time limit, to submit observations or to take steps to correct a defect which has been  pointed ou t, the 
request shall be rejected. Information to that effect shall be given in the notification from the Norwegian Industrial Proper ty Office referred to in the 
first paragraph.  
If the Norwegian Industrial Property Office, subsequent to the receipt of the  reply from the patent holder, finds any obstacle to granting the 
request and the patent holder has been given the opportunity to comment on the obstacle, the request shall be refused, unless  the Norwegian Industrial 
Property Office finds that further corr espondence is required.  Section 39d.  If the final decision by the Norwegian Industrial Property Office with respect to the request does not imply that the patent shall be limited in 
accordance with the request, the patent holder may file an appeal with th e Board of Appeal .  
The appeal must be received by the Norwegian Industrial Property Office within one month from the date on which notification of the decision was 
sent to the patent holder. Within the same time limit the prescribed appeal fee must be pai d. If these requirements are not complied with, the appeal 
shall not be submitted for consideration.  
The patent holder may bring the decision with respect to an appeal before the courts of law, but not later than one month fro m the date on 
which he was no tified of the decision. Information of the time limit for instituting legal proceedings shall be given in the notification. The addressee of 
the claim is the Kingdom of Norway by the Board of Appeal.  
Section 39e.  If a patent is limited in accordance with t he provisions of this Chapter, a notice to that effect shall be published. The Norwegian Industrial 
Property Office shall then issue a new patent specification and a new letters patent, and the patent as limited shall be ente red in the Register of Patents.   
Section 40 . A granted patent may be maintained for up to 20 years from the date of filing of the patent application.  
In order to maintain a patent, an annual fee must be paid for every fee year beginning after the grant of the patent. If the patent has been 
granted before the annual fee has started to fall due under section 41, the patent holder, when the annual fee falls due for the first time, shall pay annual 
fees also for fee years beginning before the grant of the patent.  
Chapter 5. Annual Fees  
Section 41 . The annual fee falls due on the last day of the calendar month in which the fee year starts. However, the annual fees for t he first two fee years 
shall not fall due until the annual fee for the third fee year falls due. The annual fee may not b e paid earlier than six months before the due date. If the 
courts of law set aside a decision by the Board of Appeal to refuse a patent application, annual fees for fee years beginning  after the second instance 
decision and up to the date on which the deci sion of the court became legally binding, shall nevertheless not fall due prior to the elapse of two months from 
the latter date.  
For a later application as referred to in section 11, the annual fees for fee years beginning before the date on which the la ter application was 
filed or beginning within a period of two months from that date, shall in no case fall due prior to the elapse of two months from that date. For an 
international patent application, annual fees for fee years beginning before the date on  which the application was proceeded with under section 31 or 
processed in accordance with section 38 or beginning within two months from that date, shall in no case fall due prior to the  elapse of two months from 
that date.  
 
Upon payment of an additional  fee, the annual fee may be paid within six months after the due date.  
 
Section 42.  If the inventor is the applicant or the patent holder and the Norwegian Industrial Property Office finds that the payment of the annual fee 
involves considerable difficult ies for him, the Norwegian Industrial Property Office may grant an extension of the time limit, provided he requests this not  
later than the date on which the annual fee falls due for the first time. An extension may be granted for up to three years a t the time, but shall not exceed 
three years from the grant of the patent. A request for a prolonged extension must be made prior to the expiration of the ext ension period granted.  
If the request for extension or prolonged extension is refused, payment of the fee within two months from the date on which notification of the 
refusal was sent to the applicant or the patent holder shall be considered as payment in due time.  
Annual fees for which an extension of the time limit for payment has been granted, may upon  payment of the additional fee referred to in 
section 41, third paragraph, be paid within six months after the expiration of the extension period.  
Chapter 6. Licence, transfer, etc.  
Section 43.  If the patent holder has granted someone else the right to e xploit the invention commercially (licence), the licensee may not transfer 
his right to others, unless an agreement to the contrary has been made or shall be deemed to have been made.  
Section 44.  A transfer of a patent , a patent application  or a supplementary protect ion certificate to someone else or the grant of a li cence shall be recorded 
in the Patent Register or the Register of the Norwegian Industrial Proper ty Office for European patent a pplications  at the request of one of the parties.  This 
also applies for transfer s of contractual licenses .  
Where a licence which has been recorded has terminated, this shall be recorded at the request of one of the parties.  
Liens as mentioned in the Mortgage Act Section 4 -11 shall  be recorded in the Patent Register or the  Register of the Norwegian Industrial Property  
Office for European patent app lications  at the request of the holder of the security  interest or the holder of the application or the right to which the lien is 
attached . This also applies to transfer  of and sub -liens in such liens. A request f or recording shall conta in documen tation for the lien or transfer . The Norwegian Industrial Property Office shall assume that the applicant or the holder  of the right  in question  as recorded in the Patent Register or the Register 
of the Norwegian Industrial Propert y Office for European patent applications  has the right to agree to the lien, unless  clear circumstances indicates otherwise.  
This a lso applies to anyone who has transferred or created a sub -lien in a lien. The recording of the lien shall be deleted when the lien is terminated.  
Registration in the Patent Register or the Register of the Norwegian Industrial Property Office for European patent app lications  of distraints is 
regulated by the Enforcement Ac t, Section 7 -20, ninth paragraph , cf. the Disputes Act Section  33-7, second paragraph .  
The provi sions of the first and second paragraphs shall apply correspondingly to a grant, transfer and a termination of a compulsory licence, as well 
as to a right under Section 53, third paragraph.  
Legal proceedings concerning a patent , a patent application or a supplementary protection certificate  may always be brought against the party 
recorded in the Register as the holder , and notifications from the Norwegian Industrial Property Office may be sent to him.  
The parties may appeal the Norwegian Industrial Property Office ’s refusal to record something under this Section to the Norwegian Board of 
Appeal f or Industrial Property Rights. T he appeal shall be received by the Norwegian Industrial Property Office within two months form the day the 
refusal was sent to the party in question. A stipulated fee shall be paid. Are the conditions for processi ng the appeal met, the Norwegian Industrial 
Property Office may change its decision if it finds the appeal  well reasoned . If such decision is not made , the case shall be transferred to the Board of 
Appeal. The director of the Board of Appeal may alone decide on  appeals under this paragraph.  
Section 44  a. In the case of a conflict betw een a voluntary transfer of a patent , hereunder  a patent application and a supplementary protection 
certificate, a grant of a licence, the transfer of a licence, a lien as mentioned in the M ortgage Act Section 4 -11, hereunder transfer of and sub -liens in  
such liens, and distraints , legal transfers  for which the request for recording in the Patent Registe r or the Register of the Norwegian Industrial Propert y 
Office for European patent ap plications  has been received by the Norwegian Industrial Property Office will prevail  over legal transfers which has not 
been received for recording the same day or earlier.  
Legal transfers which has been received for recording  on the s ame day have equal  priority.  Distraints , however,  prevail.  Are more distraintments 
received for recordal on the same day, the earlier prevail .  
Notwithstanding paragraphs one and two, an older right pr evails, if the later right is based on a voluntary transfer of rights and the transferee knew or 
should have known about the earlier right at the time when  the request  for recording was received by the Norwegian Industrial Property Office.   
Sections 23 to 26 and 30 to 32 a of the Land Registration Act applies  correspondingly as far as are suited.   
In a case of conflict be tween a legal transfer  as mentioned in paragra ph one and a lien on operating accessories  under Sections 3 -4 or 5 -4 of the 
Mortage Act including a patent application, a patent, a supplementary protection certificate or a licence concerning such rights , a legal transfer received 
for recording by  the Norwegian Industrial Property Office prevails over  a lien  on operating accessories for which recording has not been received  for 
registration in the  Register of Mortgaged Moveable Property  on the same day or earlier. The s econd paragraph applies correspondingly. A n earlie r lien 
on operating accessories  which has not been received for registration in the Register of Mortgaged Moveable Proper ty prevails over later legal transfers 
as mentioned in the first paragraph  as long as the younger right is based on a voluntary legal transfer  and the transferee knew or should have known 
about  the lien on operating accessories  at the time when the request for recording was received by the  Norwegian Industrial Property O ffice.  
 
Section 45 . Where three years have elapsed from the grant of the patent and four years from the filing of the patent application withou t the invention 
being w orked in this country to a reasonable extent, anyone who wishes to work the invention in this country may obtain a compulsory  licence for that 
purpose, provided there is no legitimate reason for the failure to work the invention.  
For the purpose of the fi rst paragraph, utilization of the invention shall, in contracting states in the WTO treaty or the EEA, be given equal 
status as utilization within this country, provided that the patent rights do not prevent national imports. The same applies for utilizati on in other states, 
to the extent it complies with a reciprocal duty following an international treaty.  
Section 46.  The holder of a patent for an invention, the use of which is dependent on a patent owned by someone else, may obtain a compul sory 
licence t o use the invention protected by the latter patent provided that the former invention involves an important technical advance  of 
considerable economic significance in relation to the latter invention.  
The holder of the patent for the invention to which th e compulsory licence applies shall be entitled to obtain a compulsory licence on 
reasonable terms to use the other invention.  
Section 46 a.  Where a breeder cannot acquire or exploit a plant variety right without infringing a prior patent, he may, subject to payment of an 
appropriate royalty, apply for a compulsory licence for non -exclusive use of the invention protected by the patent inasmuch as the licence is necessary for 
exploitation of the plant variety to be protected. A compulsory licence will only b e granted where the applicant can demonstrate that the plant variety 
constitutes significant technical progress of considerable financial interest in relation to the invention.  
If a patent holder has been granted a compulsory licence for the exploitation of a protected plant variety according to Act No 32, March 12, 1993 
about Plant variety protection Section 28 second paragraph, the holder of the plant variety right is entitled to a compulsory  licences of the patented invention 
on reasonable terms.  Secti on 47.  Any person who wants to exploit an invention commercially, which has been patented by someone else, may be given a compulsory  
licence  
1. when required by important public interests.  
2. when the patent rights are exploited in a way that significantly limits competition.  
 
Section 48.  Anyone who, at the time a patent application was made available to the public, was commercially exploiting the invention for which a patent is 
applied for in  this country, may, if the application results in a patent, obtain a compulsory licence for the exploitation of the invention,  provided that special 
circumstances make it desirable, and that he had no knowledge of the application and could not reasonably h ave obtained such knowledge. Such right shall 
also, on similar conditions, be enjoyed by anyone who has made substantial preparations for commercial exploitation of the in vention in this country. The 
compulsory licence may also comprise the time preceding the grant of the patent.  
Section 49 . A compulsory licence may only be granted to someone who has made efforts to obtain a licence on reasonable business terms b y agreement, 
without achieving it in reasonable time, and may be presumed able to exploit the invention in a manner which is acceptable and wh ich is in compliance with 
the terms of the licence.  
A compulsory licence shall not prevent the patent holder from exploiting the i nvention himself or from granting licences.  
A compulsory licence shall only be assignable in conjunction with the enterprise where it is exploited or in which the exploi tation was intended. 
Furthermore, a compulsory licence obtained according to the first  paragraph of section 46 may only be assigned in conjunction with the dependent 
patent.  
In the case of semi -conductor technology, compulsory licences shall only be granted for public non -commercial use or to remedy 
practice determined after judicial or ad ministrative process to be anti -competitive or based on section 47 nr.2.  
A compulsory licence shall mainly be given with the aim of supplying the domestic market. The King may, by regulation, determ ine 
provisions which depart from this.  
Section 50.  The c ourt shall grant a compulsory licence in accordance with this section, and the Norwegian Competition Authority in accordance 
with section 50 a.  
In a decision considering a compulsory licence, the court shall also determine to what extent the invention may  be exploited and stipulate the 
compensation and the other terms of the licence. The compensation shall be appropriate, taking into account the circumstances  in each case. The value of 
the licence shall be taken in consideration when assessing the compensa tion.  
If circumstances should change considerably, the court may, at the request of either party, cancel the licence or stipulate n ew terms.  
In a decision granting or extending a compulsory licence, the court may find that the owner of the compulsory lic ence shall have the right to exploit 
the invention in accordance with the decision during the period prior to the decision becoming legally binding. Motion for pr eliminary enforcement has to be 
put forward prior to the judge’s final deliberations on the me rits of the case. If the compulsory licence is cancelled because the decision is opposed before 
becoming legally binding, the owner of the compulsory licence shall be obliged to pay compensation for the loss caused by the  exploitation, to an extent 
conside red reasonable. The third sentence shall apply correspondingly if restrictions are imposed on the compulsory licence. In a de cision under the first 
sentence, the court may instruct the licensee to furnish security for liability under the third and fourth s entences. If a decision granting or extending a 
compulsory licence is opposed before becoming legally binding, the court to which the decision is brought, may make or revers e a decision under the first 
and fourth sentences. The decision is made by a ruling  or by the final decision in the matter, cf. the second sentence. A ruling under the sixth sentence may 
only be opposed in connection with an appeal of the final decision in the matter.  
Section 50 a.  A request for a compulsory licence made to the Norwegia n Competition Authority, shall state the grounds for the request and provide 
details of the circumstances referred to in section 49 first paragraph. The claim shall set out the scope of the licence and compensation and any further 
conditions the party cons iders reasonable. A prescribed fee shall be paid. If the application does not fulfil these requirements, The Norwegian Compet ition 
Authority shall grant a reasonable period of time for rectification. The demand shall be rejected if the deficiency in the re quest is not rectified within the 
time limit, unless the Norwegian Competition Authority finds reasons to grant a new period of time for rectification.  
The Norwegian Industrial Property Office, Board of Plant Varieties, or any other public agency shall, u pon request from the Norwegian Competition 
Authority or the Board of Appeals, provide an opinion on the case within 6 weeks from the date of the request.  
Anyone can provide the Norwegian Competition Authority or the Board of Appeals with the information t hese authorities require in connection 
with cases concerning compulsory licences. The Norwegian Competition Authority may summon the parties to an oral hearing if n ecessary. The King 
may, by regulation, determine specific rules for the procedures.  
The reg ulation in section 50 third paragraph apply correspondingly for cases under this section, nevertheless the Norwegian Competit ion 
Authority or the Board of Appeals do not have the authority to cancel or amend a licence which has been granted or tried by a  court of law.  
For implementation of an administrative decision, the Public Administration Act section 42 applies. If the compulsory licence  is cancelled or 
limited following a challenge or a lawsuit filed within two months of the Norwegian Competition Auth ority’s or the Board of Appeals’ decision, the 
licensee is obliged to pay reasonable compensation for the economic loss the exploitation has caused. The Norwegian Competiti on Authority or the Board 
of Appeals may in the decision concerning the compulsory l icence require as a condition that the licence holder provide security for the liability, in accordance with this paragraph’s second sentence.  
In a lawsuit the court has full judicial power to review all aspects of the Norwegian Competition Authority’s or  the Board of Appeals’ decision in 
accordance with this paragraph. A lawsuit may not be filed on the grounds that the decision on a compulsory licence has been dismissed summarily or 
rejected. A lawsuit, filed by the patent holder in accordance with this p aragraph, must be brought against the holder of the compulsory licence.  
 
 
Chapter 7. Termination of the Patent, etc.  
 
Section 51 . If an annual fee has not been paid in accordance with sections 40, 41, and 42, the patent shall lapse as from the start of the fee year 
in respect of which the fee has not been paid.  
Section 52.  A patent may be fully or partially invalidated by a court decision if:  
1 it has been granted in spite of the fact that the requirements under sections 1 – 2 are not complied with;  
2 it relates to an invention the description of which is not sufficiently clear to enable a person skilled in the art to carry out the invention on the basis 
thereof;  
3 it contains subject matter which was not disclosed in the application as filed;  
4 the scope of the protection of the patent has been extended after grant of the patent; or  
5 after a request for patent limitation, the  patent has been amended in such a way that the scope of protection has been extended.  
 
If the patent is partly invalid and it can be maintained in limited form by amending the patent claims in accordance with a r equest from the patent 
holder, the patent shall be maintained in accordance with the request filed.  
A patent shall not be invalidated in its entirety on the ground that the patent holder is only partially entitled to the pate nt.  
Subject to the provisions of the fourth and fifth paragraph s, legal proceedings according to this provision may be brought by anyone.  
Legal proceedings on the basis that the patent has been granted to someone other than the party entitled thereto under section 1 , may only 
be brought by the party claiming to be ent itled to the patent. Proceedings must be brought within one year from the date on which when the plaintiff  
obtained knowledge of the grant of the patent and of the other facts on which the proceedings are based. If the patent holder  was in good faith when 
the patent was granted or when the patent was acquired  or transferred to him , proceedings may not  brought later than three years from the grant or 
the transfer of the patent .  
A party who, in accordance with § 24, has filed an opposition claiming that the patent has been granted to someone other than the p erson  
entitled, may , in order to try the question, bring legal proceedings within two months after the day the Norwegian Industrial Property Office’s or the 
Norwegian Board of Appeal for Industrial Propert y Right´s  final decision in the opposition case was sent to the party concerned.   
A court decision made in pursuance of the first paragraph shall take effect from the date on which the  patent application was filed.  
Section 52 a.  If legal proceedings brought in accordance with section 52 raise the question of whether the patent has been granted in contr avention 
of section 1 b, the Court may obtain an advisory statement from the Ethics Committee in Patent Cases, cf. section 15 a.  
The Court shall decide whether such an advisory statement is to be obtained immediately after it has received a notice of the  party’s 
intention to defend. The request for an advisory statement shall be filed in writing and the grounds for the request shall  be stated. The parties shall 
be given an opportunity to submit observations on whether an advisory statement is to be obtained and on the wording of the r equest. The request 
shall be sent to the parties concurrently with the submission of the request to t he Ethics Committee. The parties shall concurrently be granted a time 
limit of maximum three weeks in which to submit written observations to the Ethics Committee.  
The Ethics Committee shall present its advisory statement within three months from receipt of the request. The Ethics Committee’s 
advisory statement shall be in writing and contain the grounds on which it has been based. The advisory statement shall be pr esented by the full 
Ethics Committee unless the Chairman of the Ethics Committee finds, base d on the nature of the case, that it is sufficient for three members of the 
Ethics Committee to handle the request. The members of the Ethics Committee shall seek to present a joint advisory statement.  The advisory 
statement shall be sent to the Court and to the parties.  
The Court shall grant the parties a time limit of three weeks in which to submit written observations on the Ethics Committee ’s 
advisory statement. The main proceedings in the case may only be held upon expiration of this time limit.  
The case documents in legal proceedings in which the Ethics Committee submits an advisory statement to the courts shall not be co vered by 
the Norwegian Freedom of Information Act. Any person shall be entitled to have access to inspect an advisory statement pre pared by the Ethics 
Committee once a judgement has been delivered.  
Section 52 b.  Anyone may file a request with the Norwegian Industrial Property Office that a patent shall be declared invalid in full or in  part by a 
decision made the Norwegian Industrial  Property Office (an administrative review).  A request for an administrative review shall be filed in writing with the Norwegian Industrial Property Office and must:  
a. state the name and address of the requester;  
b. state the patent that the request co ncerns;  
c. state the grounds on which the request is based; and  
d. contain the necessary documentation of the matters that are being relied on in support of the request.  
 
In addition, the request must comply with the requirements prescribed by the King by regulation, and the prescribed fee must be paid.  
If the request does not comply with the requirements in the second paragraph, section 52 c or section 52 d, first paragraph, first sentence, 
the Norwegian Industrial Property Office shall grant a reasona ble time limit in which to submit observations and, if possible, correct the deficiencies. If 
the deficiencies are not corrected before the expiration of the time limit, the request must be rejected unless the Norwegian  Industrial Property Office 
finds tha t an extended time limit for correction hereof should be granted.  
 
The Norwegian Industrial Property Office shall publish a notice that a request for an administrative review has been filed an d present it to the 
patent holder, who shall be given an opportunity to submit observations on the request. The party requesting an administrativ e review shall give 
notice hereof by registered letter to all licensees and holder s of liens who are recorded with their address in the Register of Patents. If no 
documentation of such notice is presented, the Norwegian Industrial Property  Office may fix a time limit for such notice. If the time limit is not 
complied with, the request shall be rejected.  
 
If two or more requests have been filed for an administrative review of the same patent, the Norwegian Industrial Property Office may 
consolidate the cases if none of the parties makes a reasoned opposition to this.  
 
The Norwegian Industrial Property Office may consider a request for an a dministrative review even if the patent has terminated or terminates in 
accordance with section 51 or section 54 if the party requesting an administrative review has a legal interest in having this  matter reviewed after the patent 
has terminated.  
The Norw egian Industrial Property Office may take into consideration matters that have not been stated in the request for an 
administrative review.  
Anyone may demand access to inspect the documents in administrative review proceedings. The provisions in section 2 2, fifth and sixth 
paragraphs, shall apply correspondingly.  
Section 24 seventh paragraph shall apply correspondingly to the Norwegian Industrial Property Office in connection with admin istrative 
reviews.   
Section 52 c . A request for an administrative review cannot be filed before the time limit for oppositions has expired or while an opposi tion procedure 
or patent limitation proceedings requested by a patent holder are pending. The same shall apply for as long as legal  proceedings regarding the patent 
are pending before the courts. If legal proceedings regarding the patent are brought before the courts before a final decisio n has been made on a 
request for an administrative review, the Norwegian Industrial Property Offi ce shall suspend its handling of the administrative review until the legal 
proceedings have been finally decided if the administrative review has been requested by other parties than the patent holder . The party requesting 
an administrative review cannot i nstitute legal proceedings regarding the patent while administrative review proceedings are pending before the 
Norwegian Industrial Property Office.  
A request for an administrative review cannot be filed by a party who has previously brought legal proceed ings before the courts regarding the 
validity of the patent if the rules on enforceable final decisions prevent new legal proceedings regarding the patent from be ing brought before the courts.  
Section 52 d . A request for an administrative review may only be filed on the grounds that the patent has been granted in contravention of the 
requirements in sections 1 and 2, but not on the grounds that the patent has been granted to another party than the party who  is entitled to the 
invention, cf. section 1, firs t paragraph. If the Norwegian Industrial Property Office is in doubt about whether the patent has been granted in 
contravention of section 1 b, the Norwegian Industrial Property Office shall obtain an advisory statement from the Ethics Com mittee in Patent Cases.  
If the Norwegian Industrial Property Office finds that the patent has been granted in contravention of sections 1 and 2, it s hall be declared invalid if 
the grounds for such invalidity cannot be remedied through an amendment of the patent. The pate nt may only be maintained in amended form if the patent 
holder agrees with the amendments that the Norwegian Industrial Property Office intends to make. If the patent holder does no t agree with the 
amendments, the patent shall be declared invalid. If there  is not a basis for meeting the request in full or in part, the Norwegian Industrial Property Office 
shall reject the request and declare that patent will be maintained.  
If the patent is maintained in amended form, the patent holder shall pay a prescribed  fee for the amendment of the patent within a 
specified time limit. If the fee is not paid on time, the patent shall be declared invalid.  
A decision to declare a patent fully or partly invalid shall take effect from the date on which the patent applicatio n was filed. The 
Norwegian Industrial Property Office shall publish a notice of the decision.  
Section 52 e.  A decision on a request for an administrative review by the Norwegian Industrial Property Office may be appealed against to t he the Board 
of Appeal  by the party against whom the decision of the Norwegian Industrial Property Office has gone. The appeal must have been receiv ed by the Norwegian Industrial Property Office within two months from the date on which notification of the decision was sent to t he party in question. A prescribed 
fee shall be paid. In the event of any failure to pay said fee, the appeal will not be heard.  
The appeal must state the following details:  
a. the appellant’s name and address;  
b. the decision that the complaint concern s;  
c. the change to the decision that the appellant is claiming; and  
d. the grounds on which the appeal is based.  
In addition, the appeal must comply with the requirements prescribed by the King by regulation. Section 52 b, third paragraph , shall apply 
correspondingly where applicable.  
A decision on a request for an administrative review in which the patent is declared invalid or is amended cannot be brought before the courts 
later than two months after notification of the decision was sent to the party  against whom the Norwegian Industrial Property Office’s decision has gone. 
Information about the time limit for bringing an action shall be provided in the notification. The claim shall be addressed to the Kingdom of Norway by the 
Norwegian Industrial Pro perty Office or by the Board of Appeal for Industrial Property Rights. A decision to refuse or reject a request for an administrative 
review cannot be brought before the courts.  
 
Section 24 seventh paragraph shall apply correspondingly to the Board of App eal for Industrial Property Rights in connection with administrative 
reviews. 
 
Section 53 . If a patent has been granted to someone other than the party entitled thereto under section 1, the court shall, if the enti tled party so claims, 
transfer the patent to him.  
 
The time limits under section 52, the fourth and fifth paragraphs, for bringing proceedings before the court shall apply correspondingly to a 
proceeding under this provision.  
The party who is deprived of the patent shall, if he has started to exploit the invention commercially in this country in goo d faith or if he has 
made substantial preparations for such exploitation, be entitled, against reasonable compensation and on reaso nable conditions in other respects, to 
continue the exploitation or to start the prepared exploitation whilst retaining its general character. Such right shall also , on the same conditions, be 
enjoyed by holders of recorded licences. The right may only be transferred to others in connection with the enterprise in which the exploitation takes place 
or was intended to take place.  
Section 54.  If the patent holder renounces the patent in a written notice to the Norwegian Industrial Property Office, the Norwegian Indu strial 
Property Office shall declare the patent revoked.  
If legal proceedings for the transfer of a patent have been brought or if the patent is used as a lien or has been distrained, the patent shall 
not be declared revoked until the proceedings are finally settled or the lien has been revoked.  
Section 55 . When a patent lapses, is invalidated, transferred, is declared terminated or is maintained  in amended form, the Norwegian 
Industrial Property Office shall publish a notice to that effect.  
Chapter 8. Obligation to Give Information about patents.  
Section 56. An applicant for a patent who invokes his application against another party before it h as been made available to the public shall, upon 
request, be obliged to give that party access to the documents of the application. If the application involves the deposit of  a sample of biological material 
of the microorganism as referred to in section 8a , the other party shall have the right to be furnished with a sample of the culture. The provisions of 
section 22, seventh paragraph, third and fourth sentences, and the eighth and ninth paragraphs shall apply correspondingly.  
Anyone who, either by direct  communication with someone else or by advertisement or by marking goods or the packaging thereof or in any other 
manner indicates that a patent has been applied for or is granted, without giving, at the same time, information concerning t he number of the application or 
of the patent, shall be obliged to give such information without undue delay to anyone so requesting. If it is not explicitly  indicated that a patent has been 
applied for or granted, but where the indication is liable to create the impressio n that such is the case, information shall be given, upon request and without 
undue delay, as to whether a patent has been applied for or granted.  
Chapter 9. Provisions Concerning Legal Protection, etc.  
Section 56a . Any person  who has infringed a patent or aided and abetted thereto may be prohibited by judgment from repeating the action. Any person 
who has made significant preparations with a view to carrying out an action that would constitute an infringement, or who has  in some other manner acted in 
a way that gives particular grounds for fearing that the person in question will commit an infringement, may be prohibited by  judgment from carrying out the 
action.   
Section 57 . Anyone who infringes a patent  is liable to fines  or imprisonment for a term up to one year.  
       If especially aggravating circumstances exist, the penalty shall be fines or imprisonment for a term of up  to three years. When assessing whether 
especially aggravating circumstances exist, particular importance shall be attached to the damage  inflicted on the patent holder, including any damage to the 
patent holder's commercial reputation, the gain obtained by the infringer, and the extent of the infringement in other respects.  
      For violation of this provision  prosecution may not be instituted if not required by the public interest , cf. Procedural Penal Act Section 62a.   
 
Section 58.  For patent infringements committed intentionally or through negligence, the infringer shall pay the patent holder:  
a) compensation corresponding to a reasonable licence fee for the exploitation, as well as damages for any loss resu lting from the infringement that 
would not have arisen in connection with licensing,  
b) damages for any loss resulting from the infringement, or  
c) compensation corresponding to the gain obtained through the infringement.  
The compensation and damag es are determined on the basis of the provision  in letters a to c that is most favourable for the patent holder.  
       If the infringement has been committed intentionally or through gross negligence, the infringer shall, if the patent holder s o demands,  pay 
compensation corresponding to double a reasonable licence free for the exploitation instead of compensation and damages stipu lated pursuant to the first 
paragraph.  
       The first and second paragraphs apply correspondingly to aiding and abetting.  
       For infringements that have taken place in good faith, the infringer shall, insofar as this is not seen as unreasonable, pay compensation corresponding 
to a reasonable licence fee for the exploitation or corresponding to the gain procured as a resul t of the infringement.  
       The liability under the first to third paragraphs may be reduced pursuant to the Act of 13 June 1969 No 26 on compensatory damages Section  5-2.  
 
Section 59.  In order to prevent an infringement, the courts may, insofar as this is deemed to be reasonable, order preventive measures to  be taken in 
relation to products that constitute an infringement of a patent, and in relation to materials and implements that are  principally used, or intended to be used, 
for the manufacture of such products. Such measures can, among other things, entail products and materials and implements  being:  
a) recalled from the channels of commerce ,  
b) definitively removed from the channels of commerce ,  
c) destroyed, or  
d) handed over to the patent holder.  
The decision concerning whether such measures shall be imposed and the choice between possible measures shall be made on the basis of an assessment of 
proportionality. Among other things, account shall be taken of the gravity of the infringement, the effects of the measures and third party in terests.  
       The first paragraph applies correspondingly in cases as mentioned in Section 56 a second sentence.  
       Measure s imposed pursuant to this section shall not be contingent on the patent holder paying compensation to the party against whom  the measure is 
directed, and they do not affect the patent holder's right to compensation or damages pursuant to Section 58. Measu res shall be carried out for the 
defendant's account unless special grounds indicate otherwise.  
Section 59 a . Instead of stipulating measures pursuant to Sections 56 a and 59, the court may, when extraordinary grounds for doing so exis t, grant 
permission for the exploitation of the invention during the duration of the patent, or during part of it, in return for reasonable compe nsation to the patent 
holder and on appropriate terms and conditions in other respects. Such permission may only be granted to a pe rson who has acted in good faith.  
  
Section 59 b . In a judgment in an infringement case, the court may order  that information about the judgment shall be communicated in a suitable manner 
for the infringer's account. This applies corre spondingly to aiding and abetting and in circumstances as mentioned in Section 56 a second sentence.  
 
Section 60.  Where anyone, after the date on which the application documents have been made available to the public according to section 2 2, without 
permi ssion exploits commercially an invention for which a patent has been applied, the provisions concerning patent infringement s hall apply mutatis 
mutandis to the extent that the application results in a patent for the invention. However, in the period prior to the grant of the patent, the patent protection 
shall only extend to the subject matter disclosed both in the patent claims as worded when the application was made available  to the public and in the patent 
claims of the patent as finally granted. No pena lty may be imposed for exploitation of the invention prior to the grant of the patent. Compensation and 
damages as a result of exploitation before a patent was granted may only be ordered pursuant to Section 58 first to third par agraphs.  
 
When the patent application is in English, the applicant may submit a translation into Norwegian of the patent claims in the application. The  
Norwegian Industrial Property Office shall publish a notice confirming that a translation has been submitted when the documen ts in the application are 
accessible to the public pursuant to section 22. From the publication date, the first paragraph shall apply correspondingly t o applications in English. If 
the translation does not correspond to the English text, the patent protection w ill only apply to the extent that there is agreement between the texts. 
The patent holder may submit a correction of a translation as mentioned in the first sentence. The Norwegian Industrial Prope rty Office shall publish a 
notice confirming that a correct ed translation has been submitted and keep it accessible to the public once the applicant has paid the prescribed fee. 
The corrected translation will then apply. When submitting a corrected translation, section 66 j second paragraph shall apply  correspondi ngly.  
The statutory limit for claims according to this provision shall not start to run until the patent has been granted.  
Section 61.  In civil actions concerning patent infringements, an acquittal cannot be based on the patent being invalid or the conditions for transfer 
being fulfilled (cf. sections 52 and 53) without a judgement stating the invalidity or the transfer of the patent. An  acquittal may, however, be based on 
the patent having been revoked or transferred according to section 25 or on the patent having been declared invalid according  to section 52 d.  Notwithstanding the first paragraph, an acquittal may be based on the paten t being invalid before being limited by patent limitation, 
provided that the acquittal is not based on the patent as limited also being invalid.  
Section 62.  Anyone who intentionally or by negligence fails to give information or to give others access to th e documents as provided for in section 
56 or, in the cases referred to in section 56, gives incorrect information shall be penalized by a fine and shall be obliged to compensate the damage 
caused to the extent found reasonable.  
Chapter 9a. Prolonged Term of Protection for Medicinal Products  
Section 62a.  Annex XVII, item 6, to the Agreement establishing the European Economic Area [ Regulation  (EC) No 469/2009 of the European Parliament 
and of the Council  (EC) concerning the supplementary protection certificate for medicinal products ] including the amendments and additions provided in 
Annex XVII, Protocol 1 of the Agreement and elsewhere in the Agreement s hall apply as Norwegian law.  
Applications for a supplementary protection certificate and for extension  of such certificate shall be filed with the Norwegian Industrial 
Property Office. The applicant shall pay the prescribed fee.  
In the case of protection certificates, the prescribed f ees shall be paid for every fee year starting after the end of the patent term. In 
other respects the same rules apply to these annual fees as to the annual fees for patents.  
Further provisions concerning applications for protection certificates and the extension, processing and examination thereof, concerning the 
registration of protection certificates, and concerning appeals against decisions etc. shall be laid down b y the King . The provisions in Section 67 
concerning address for correspondence  applies correspond ingly for holders  of and applicants for protection certificates.  
The penal provisions of sections 57 and 62 shall apply correspondingly to protection certificates.  
Section 62b . EEA Agreement attachment XVII article 6a (Regulation (EC) No. 1610/96 of the European Parliament and the Council concerning 
creati on of a supplementary certificate for plant protection products) applies as law with the amendments and additions made by Pro tocol 1 to the 
agreement and the agreement as a whole.  
Section 62a second to fifth paragraph applies correspondingly.  
Chapter 10.  Provisions on Legal Proceedings.  
Section 63.  The following actions shall be brought before Oslo District Court:  
1. Actions concerning the right to an invention for which a patent has been applied for,  
2. Actions concerning a review of a decision in which the  Norwegian Board of Appeal for Industrial Property Rights  has refused an application for a 
patent, has revoked a patent or confirmed a first instance decision to revoke a patent, cf. section 27 third p aragraph,  
3. actions concerning requests for patent limitation, cf. Section 39 d third paragraph,  
4. actions concerning invalidation or transfer of a patent, cf. Sections 52 and 53,  
5. actions concerning compulsory licences, cf. Sections 50 and 50 a,  
6. actions concerning requests for an administrative review, cf. Section 52 e third paragraph, and  
7. civil actions concerning patent infringements.  
 
Oslo City Court shall be compete nt to hear actions by patent applicants and patent holders who are not residents of this country.  
Section 63 a.  In actions concerning infringement or the validity of a European patent, the court may stay the proceedings unt il the European Patent 
Office has made a final decision in proceedings on revocation or limitation of the patent or until the patent may no longer b e revoked by the European 
Patent Office.  
Section 63 b.  Actions concerning the right to be granted a Europea n patent shall belong under the jurisdiction of Norwegian courts of law if:  
a. actions brought against a party who is applying for a European patent and who has his place of residence or head office in  Norway;  
b. the party who is claiming the right has h is place of residence or head office in Norway and the applicant does not have his place of residence or head office 
in a state that is a party to the European Patent Convention; or  
c. the parties have agreed in writing, or orally with written confirmatio n, that actions shall be brought before a Norwegian court of law.  
 
Actions concerning the right to be granted a European patent between an employer and an employee for an invention that has be en 
made by the employee shall belong under the jurisdiction of Norwegian courts of law if:  
a. the employee is primarily employed in Norway, or, if it cannot be ascertained in which state the person in question is pri marily employed, the employee is attached to a place of business in Norway; or  
b. the parties have ag reed in writing, or orally with written confirmation, that actions shall be brought before a Norwegian court of law and such an 
agreement is in accordance with the legislation of the state that is applicable to the employment relationship in question.  
 
If Norwegian law applies to the contract of employment, it cannot validly be agreed that actions mentioned in this paragraph sha ll be 
brought before a foreign court of law. Actions brought in accordance with this paragraph shall be decided on the basis of th e applicable law in 
the state in which the employee is primarily employed, or, if this cannot be established, the applicable law in the state in which the place of 
business to which the employee is attached is located.  
Section 63 c.  Actions concerning the  right to be granted a European patent must be rejected if legal proceedings between the same parties 
concerning the same subject -matter of the application have previously been brought before a court of law or other body in another state that is 
a party to  the European Patent Convention. If an opposition has been filed against the hearing of the action by the court of law or the body 
before which the legal proceedings have been brought abroad, the court shall stay the proceedings until a final decision has been made on the 
matter.  
Section 63 d.  A final enforceable decision made in any state that is a party to the European Patent Convention in connection with legal 
proceedings on the right to be granted a European patent for one or several states specified i n the application shall have immediate binding 
effect and be enforceable in Norway. No review shall be conducted of the validity of the decision or the competence of the co urt of law or 
body that has made the decision. The decision shall not have such fina l and binding effect if:  
a. an applicant who is applying for a European patent and who has not contested the claim substantiates that the document tha t formed the basis of the 
institution of the legal proceedings, cf. the first sentence of the paragraph, was not presented to the party in question so that said party could dispute the 
claim; or  
b. an applicant substantiates that a decision made in accordance with the first sentence of the paragraph is contrary to anot her decision made in proceedings 
between  the same parties in a state that is a party to the European Patent Convention and that this case predates the case that resul ted in the decision that 
is demanded accepted.  
 
Section 63 e.  If a complete translation into Norwegian of the patent application or the patent specification is not available at the Norwegian 
Industrial Property Office, the court may, in legal actions as mentioned in section 63 first paragraph, order a patent applic ant, a patent holder or 
a licence holder to present such a translatio n. When the patent applicant, patent holder or licence holder is the plaintiff, the legal action may be 
dismissed if an order to present such a translation is not complied with. If the patent applicant, patent holder or licence h older is the defendant, 
the court may decide that a translation shall be obtained for the defendant's account if an order to present such a translation i s not complied 
with. 
This section applies correspondingly to le gal actions concerning supplementary protection certificates as mentioned in sections 62 a and 
62 b.  
 
Section 64.  Anyone who brings an action concerning the validity of a patent, concerning the transfer of a patent to himself or concerning  a compulsory 
licence shall simultaneously notify the Norwegian Industrial Property Office and, by registered letter, any licensee  or lien holder  recorded in the Patent 
Register whose address has been indicated in the Register to that effect. A licensee or lien holder wishing to bring an action co ncerning infringement of the 
patent shall notify the patent holder correspondingly if his address has been indicated in the Register.  
If the plaintiff cannot prove that he has given such notifications as referred to in the first paragraph, the court may s tipulate a time 
limit for sending the notifications. If the said time limit has not been complied with, the case shall be dismissed.  
Section 65.  In cases concerning patent rights, the court may decide that, for the sake of industrial or trade secrets of a  party or a witness, the 
public shall be excluded from the proceedings or a part thereof.  
Section 66.  For a European patent to be valid in this country, the patent holder must, no later than three months after the date on which  
the European Patent Office published its decision to grant a patent, submit to the Norwegian Industrial Property Office a translation as 
stipulated in the second paragraph of the text on which the decision is based, and pay the prescribed fee. The same shall app ly when the 
European Patent Office decides that a European patent shall be maintained in amended form following an opposition procedure or appeal 
proceedings or through a centralised patent limitation. The provisions in section 72 first paragraph shall apply correspondin gly wh en time 
limits pursuant to this paragraph are exceeded. If it is decided that a failure to meet a time limit shall not result in the loss of rights, the 
Norwegian Industrial Property Office shall publish a notice hereof.  
When submitting a translation in ac cordance with the first paragraph first or second sentence, a translation of the patent claims 
into Norwegian must always be submitted. If a patent has been granted in French or German, a translation into Norwegian or En glish of 
the description shall also be submitted. When the patent application is granted in English, the applicant may submit a Norwegian 
translation of the description.  
Translations shall be kept accessible to the public. This does not apply, however, until a European patent application has  been 
published by the European Patent Office.  
When the European Patent Office has published its decision to grant a patent and the requirements in the first paragraph have  
been complied with, the Norwegian Industrial Property Office shall publish a notice  that the patent is valid in this country. The same shall 
apply if a European patent is to be maintained in amended form in accordance with a decision made by the European Patent Offi ce.  In the cases referred to in section 63 the court shall send copies o f its judgements to the Norwegian Industrial Property Office.  
Chapter 10 a. European Patents  
Section 66 a.  A European patent is a patent that has been granted by the European Patent Office in accordance with the Convention on the 
Grant of  European Patents of 5 October 1973 (the European Patent Convention). A European patent application is an application for such  a 
patent.  
A European patent application may be filed with the European Patent Office or with the Norwegian Industrial Property O ffice, which will 
forward it to the European Patent Office within a specified time limit. An European divisional application shall, however, be  filed directly with the 
European Patent Office in accordance with Article 76 of the European Patent Convention.  
Section 66 b. A European patent has been granted when the European Patent Office has published its decision on this. If it has been 
specified that the patent shall be valid in Norway, the patent shall have the same effect as patents that have been grant ed by the 
Norwegian Industrial Property Office and shall follow the same provisions when the requirements in section 66 c, first paragr aph, have 
been complied with.  
A decision from the European Patent Office fully or partially to revoke or limit a Europea n patent shall have the same effect in Norway as 
corresponding decisions made by the Norwegian Industrial Property Office. The decision shall take effect already from the dat e on which the 
patent application was filed. The provisions in sections 39 e and 5 5 shall apply correspondingly. In order for a patent granted in accordance with 
a decision by the European Patent Office to have effect in Norway in amended form, the requirements in section 66 c, first pa ragraph, must also 
have been complied with.  
Section  66 c.  In order for a European patent to have effect in Norway, the patent holder shall, within the time limit prescribed by the Kin g, 
send to the Norwegian Industrial Property Office a Norwegian translation of the text that forms the basis of the decision  to grant the patent and 
pay the prescribed fee. The same shall apply if the European Patent Office decides that a European patent shall be maintained  in amended form 
after an opposition procedure or appeal proceedings or through a centralised patent limit ation. The provisions in section 72, first paragraph, 
shall apply correspondingly to any failure to meet time limits in accordance with the present paragraph. If a decision is mad e on the 
re-establishment of rights despite the failure to meet a time limit,  the Norwegian Industrial Property Office shall publish a notice hereof.  
Translations shall be kept accessible to the public. However, this shall not apply until a European patent application has be en published by the 
European Patent Office.  
When the Eur opean Patent Office has published its decision to grant the patent and the requirements in paragraph 1 have been complied wit h, the 
Norwegian Industrial Property Office shall publish a notice that the patent is valid in Norway. The same shall apply if a Eu ropean patent is to be 
maintained in amended form in accordance with a decision made by the European Patent Office.  
Section 66 d.  If any party has, in good faith, started exploiting the invention for commercial or operational purposes in Norway or has mad e significant 
improvements to the invention after the time limits stipulated in section 66 c have expired, but before notice has been publi shed that the failure to meet the 
time limits will not have any effect, the party in question may, without being prev ented by the patent, continue the exploitation of the invention in same 
manner. The provision in section 74, third paragraph, shall apply correspondingly.  
Section 66 e.  An annual fee for European patents shall be payable to the Norwegian Industrial Proper ty Office for each year from the year after the 
European Patent Office published its decision to grant the patent. The provisions in sections 42 and 51 shall apply correspon dingly.  
Section 66 f.  A European patent application that is valid in Norway and fo r which the European Patent Office has accorded a filing date shall have 
the same effect as an application filed in Norway on the same date. If, in accordance with the European Patent Convention, th e application has 
priority from an earlier date than the f iling date, this priority date shall also apply in Norway.  
In connection with the application of section 2, second paragraph, second sentence, publication in accordance with Article 93  of the European Patent 
Convention shall be equated with the applicatio n being made available to the public in accordance with section 22. This shall also apply to publication 
in accordance with Article 153 (3) and (4), when such publication is equated with publication in accordance with Article 93.  
Section 66 g . When a Euro pean patent application has been published in accordance with the European Patent Convention and the applicant has 
supplied the Norwegian Industrial Property Office with a translation into Norwegian of the patent claims in their published f orm, the Norwegi an Industrial 
Property Office shall publish a notice hereof and make the translation available to the public.  
If anyone commercially or operationally exploits an invention that is the subject -matter of a European patent application and that has been publi shed 
in accordance with the first paragraph, the provisions on patent infringements contained in this Act shall apply, except from  sections 57 and 58,  
fourth  paragraph , if the application results in a patent being granted in Norway. The protection conferre d by the patent shall, however, only extend 
to what is specified in the published patent claims and in the patent claims in the granted patent. If the patent has been re voked or limited by the 
European Patent Office, the protection conferred by the patent shall only extend to what is specified in the published amended patent claims.  
The limitation period for claims in accordance with these provisions shall not begin to run until the limitation period for t he European patent has expired or the European Pate nt Office has decided to maintain the patent after the conclusion of the opposition procedure.  
Section 66 h . If a European patent application is rejected, this shall have the same effect as if a patent application filed in Norway ha d been 
rejected by the Norwegian Industrial Property Office.  
If a European patent application is withdrawn or if a statement that the application is to comprise Norway is withdrawn, or i f the application or the 
statement must be regarded as having been withdrawn in accordance w ith the European Patent Convention and the application is not resumed in 
accordance with Article 121 of the European Patent Convention, this shall have the same effect as if a patent application fil ed in Norway is withdrawn or is 
regarded as having been wi thdrawn from the Norwegian Industrial Property Office.  
Section 66 i.  If the translation in accordance with section 66 c or section 66 g is not in conformity with the text in the language that wa s the 
language of the proceedings at the European Pate nt Office, the protection conferred by the patent shall only apply in Norway to the extent to which 
there is conformity between the translation and the text in the language of the proceedings. In proceedings concerning the va lidity of the patent in 
Norway,  only the text in the language of the proceedings shall form the basis of the decision.  
Section 66 j.  If the applicant or the patent holder supplies a correction of the translation in accordance with section 66 c to the Norwegi an Industrial 
Property Offic e and pays the prescribed fee, the corrected translation shall apply. Section 66 c third paragraph shall apply correspondingly . The 
Norwegian Industrial Property Office shall publish a notice that a corrected translation has been suppl ied. If the applicant supplies a correction of the 
translation in accordance with section 66 g, the Norwegian Industrial Property Office shall publish a notice that a new trans lation has been supplied and 
make it available to the public. The corrected tran slation shall subsequently apply.  
 
If anyone has commenced, in good faith, to exploit the invention for commercial or operational purposes in Norway in a manner  that did not 
constitute an infringement of the applicant’s or the patent holder’s right in acc ordance with a previous translation, or if anyone has made significant 
improvements to the invention, at the time at which a corrected translation entered into force, the party in question may fre ely continue a 
corresponding exploitation of the invention w ithout this being prevented by the applicant’s or the patent holder’s right. The provisions in section 74, 
third paragraph, shall apply correspondingly.  
 
Section 66 k.  If the European Patent Office decides that a failure to meet the time limit for a Europ ean patent application or a European patent will not 
have any effect, this decision shall also apply in Norway.  
If anyone has commenced, in good faith, to exploit the invention for commercial or operational purposes in Norway, or has mad e 
significant impr ovements to the invention, after the failure to meet the time limit, but before the European Patent Office has published its 
decision that the failure to meet the time limit will not have any effect, the party in question may freely continue a corres pondin g 
exploitation of the invention without this being prevented by the patent. The provisions in section 74, third paragraph, shal l apply 
correspondingly.  
Section 66 l.  If, in the period between the date on which a decision was made by the Board of Appeal of  the European Patent Office and the date 
of publication of a decision made by the Enlarged Board of Appeal of the European Patent Office, anyone has commenced, in goo d faith, to exploit 
an invention for commercial or operational purposes in Norway, or has made significant improvements to the invention, regarding an invention 
that is the subject -matter of a published European patent application or a published European patent, the party in question may freely continue a  
corresponding exploitation of the inven tion without this being prevented by the patent applicant’s or the patent holder’s right. The provisions in 
section 74, third paragraph, shall apply correspondingly.  
Section 66 m.  If a European patent application that has been filed with a national patent  office is regarded as having been withdrawn 
because the application has not been forwarded to the European Patent Office within the stipulated time limit, the Norwegian Industrial 
Property Office shall, on request from the applicant, regard the applicatio n as an application for a patent in Norway if:  
a. the request has been filed with the national authority that received the application within three months from when the app licant was informed that the 
application was regarded as having been withdrawn; and   
b. the request has been forwarded to the Norwegian Industrial Property Office within 20 months from the filing date of the ap plication or, if priority has been 
claimed, from the priority date.  
 
If the requirements in the first paragraph have been compli ed with, the Norwegian Industrial Property Office shall process the application if, within 
a time limit prescribed by the King, the applicant pays the prescribed fee and submits a translation of the application into Norwegian or English, or a copy of 
the application if it is in English.   If the application complies with the formal requirements in the European Patent Convention, the corresponding 
requirements in this Act shall be regarded as having been complied with.  
Chapter 11. Miscellaneous Provisions  
Section 67 . Notifications from the Norwegian Industrial Property Office  or from the Norwegian Board of Appeal for Industrial Property 
Rights  to an applicant, patent holder, opposing party or a party requiring an administrative review are always considered as submitted when 
sent to the address specified  most recently to the Norwegian Industrial Property Office  or the Norwegian Board of Appeal for Industrial 
Property Rights  by the party concerned. The address shall be  recorded  in the Register of Patents. Paragraph 1 applies correspondingly to 
notices from the Norwegian Competition Authority to the patent holder in cases according to section 50a.  
If the recorded address proves to be incorrect , the noti fication  or an extract thereof, shall be pu blished in the Norwegian Patent Journal 
(Norsk Patenttidende ) with an indication that the document may be obtained at the Norwegian Industrial Property Office  or the Norwegian 
Board of Appeal for Industrial Property Rights .  
May service of process or other procedural noti fications  not be  submitted  at the stated address , paragraph 2 applies correspondingly to the Court. In such case, the document shall be considered served or n otification  given  four weeks after the publi cation in  the Norwe gian Patent Journal (Norsk Patenttidende).   
If the applicant or the patent holder has appointed a representative to act on his behalf in matters concerning the applicati on or the patent, the name and 
the address of the representative shall be recorded in the Register of Patents. This also applies if an opposing party or a party requesting an administrative 
review has appointed a representative to act on his behalf in matters concerning the opposition or the request of review.   
 
Section 68 . The King shall s tipulate the fees provided for in this Act and the further conditions for payment of the fees. He may provide that 
one or more of the earlier fee years shall be exempted from fees. On alteration of the annual fees, he may, within the limita tions referred t o in 
section 76, item 8, provide that the new fees shall also apply to patents previously granted.  
The King shall also stipulate the fees for recordals in the Patent Register or in the Register of the Norwegian Industrial Property 
Office for European Patent Applicatio ns and for printouts, copies and certificates issued by the Norwegian Industria l Property Office. The 
fees for print outs and copies shall be set to a level where  the total income does not exceed the actual cost s of communicating the 
information, with a reasonable profit added.  
Section 69.  The King may issue regulations setting out more detailed provisions concerning patent applications and oppositions and the 
processing thereof, requests for patent limitation and the processing thereof, the Register of Patents  and the Register of the Norwegian 
Industrial Property Office for European Patent Applications , including requests for recordals in the registers and the processing  thereof , about the 
publication issued by the  Norwegian Industrial Property Office,  language requirements for applications and other documents submitted to the 
Norwegian Industrial Property Office and the Board of Appeal for Industrial Property Rights, the case processing language for  the Norwegian 
Industrial Property Office and the Board of Appeal for Industrial Property Rights, and the implementation of this Act in other  respects.  The 
journals of the Norwegian Industrial Property Office concerning filed patent applications shall be available to the public to the extent provided by 
the King.   
The King may provide that the Norwegian Industrial Property Office, at the request of the official authorities of another cou ntry, 
should supply information concerning the processing of patent applications filed in this country, and that novelty searches of patent 
applications may be carried out by a similar authority in another country or by an international institution.  
The King may further provide that an applicant who has filed a corresponding patent applicat ion in another country, within a certain time limit 
from the filing of the application in this country, be obliged to submit information that has been communicated to him by the  patent authority 
of that country as to the result of the examination of the pa tentability of the invention. However, a decree concerning such obligation to 
submit information shall not include patent applications referred to in Chapter 3 which have been subjected to international preliminary 
examination and where a report on the res ult thereof has been submitted to the Norwegian Industrial Property Office.  
Section 70.  The King may, when found necessary because of war or danger of war and situations of crisis connected therewith, provide that  
the right to an invention shall be assign ed to the Government or to another party designated by the King. Compensation , stipulated by the 
district court  if no amicable settlement is reached,  shall be paid  for the assigned right . 
If the right to an invention has been assigned to a party other than the Government in accordance with the first paragraph, and if 
the party concerned has not met his liabilities, the Government shall, at the request of the party entitled to compensation, be obliged to pay 
the compensation promptly.  
Sectio n 71.  Inventions of importance to the defence of the realm shall be governed by a separate Act.  
Section 72.  With the exception of cases referred to in the second paragraph, the applicant for a patent who has failed to comply with a t ime limit 
prescribed i n or pursuant to this Act and who thereby has suffered loss of rights shall, upon request, have his rights re -established if he can prove 
that he or his representative has taken all due care which may reasonably be required. Such request must be submitted in writing to the 
Norwegian Industrial Property Office within two months from the removal of the cause of non -compliance with the time limit and not later than 
one year from the expiration of the time limit. Within the same time limit the omitted act must be completed. The prescribed fee shall be paid.  
The provisions of the first paragraph shall apply correspondingly to a patent holder who has not paid the annual fee within t he time 
limit prescribed in section 41, the third paragraph, or section 42, third paragraph. However, in such case the request for re -establishment of 
rights must be submitted and the annual fee paid not later than six months from the expiration of the time limit.  
The first paragraph shall not apply to the time limits prescribe d in sec tion 6  first paragraph, section 27  third paragraph , section 39 d third 
paragraph , section 52  fourth and fifth paragraph , section 52 e  third paragraph  and section 53 second paragraph .  
The first paragraph, cf. the third paragraph, shall apply correspondingly to international patent  applications proceeded with in Norway in the 
case of failure to comply with the time limits of the receiving Office, an International Searching Authority, an International Preliminary 
Examination Authority or the International Bureau. The omitted act shall be completed vis -à-vis the Norwegian Industrial Property Office.  
Section 73.  If the applicant in the cases referred to in section 31 or 38 has sent a docume nt or a fee by post and the Norwegian Industrial 
Property Office does not receive the mail in due time, the rights shall always be re -established if the act is completed within two months 
from the time when the applicant realised or ought to have realised that the time limit had not been complied with and not later than one 
year from the expiration of the time limit, and:  1 1. the postal service has been interrupted in the 10 days preceding the expiration of term because of war, revolution, civil disorder,  strike, natural 
disaster or other like reason in the locality where the sender is staying or has his place of business, and the document or f ee has been sent to the Norwegian 
Industrial Property Office within five days from the resumption of the postal se rvice; or  
2 2. the document or fee was sent by registered mail to the Norwegian Industrial Property Office not later than five days prior  to the expiration of the 
time limit. If the letter was not sent by airmail, this provision shall only apply if the se nder has had reason to believe that the mail would arrive within two 
days from the date of mailing, or if airmail was not available.  
 
Where the applicant wishes re -establishment of his rights according to the first paragraph, he must, within the time limi t 
prescribed in that paragraph, file a request to that effect in writing with the Norwegian Industrial Property Office.  
Section 74.  Where a patent application which has been mad e available to the public in accordance with section 22 has been shelved or 
refused or if a patent has lapsed and the rights of the applicant are re -established according to the provisions of sections 72 or 73, the 
Norwegian Industrial Property Office shal l publish a notice to that effect.  
Where anyone, after final refusal of the application, expiration of the time limit for the resumption of the shelved applicat ion or after the lapse of 
the patent, but before the publication in accordance with the first p aragraph has been made, has started to exploit the invention commercially in this country 
in good faith, he may, notwithstanding the patent, continue the exploitation whilst retaining its general character. Such rig ht of exploitation shall also, on 
similar  conditions, be enjoyed by anyone who has made substantial preparations to exploit the invention commercially in this country.   
The right referred to in the second paragraph may only be transferred to others in conjunction with the enterprise in which i t has 
originated or in which the exploitation was intended.  
Section 75.  The Head of the Norwegian Industrial Property Office shall designate the person who will make decisions on requests according to 
sections 72 and 73. The applicant or the patent holder ma y appeal against refusal of such requests to the Board of Appeal . Section 27 shall 
apply correspondingly concerning the time limit for appeal etc., and for the opportunity to bring decisions of the Board of A ppeals before the 
courts of law.  
Section 76.  Entry into Force and Transitional Provisions.  
1.  This Act shall enter into force on January 1, 1968. Subject to items 2 to 8 below, the Patents Act of July 2, 1910, with late r amendments shall be 
repealed simultaneously. However, as regards inventions conc erning foodstuffs and medicines, a patent shall not be granted for the actual product, but 
only for the process for its production, until the King provides otherwise.  
2.  Taking into account the following exceptions, this law also applies to patents which  is made available to the public or are made available to the public 
according to the legislation in force up to now.  
 
Section 77.  Amendments of other Acts - - -.