The Norwegian Patents  Act  
 
Act no. 9 of 15 December 1967 : The Patents Act  
DATE: LOV -1967 -12-15-9  
MINISTRY: J D (Ministry of Justice and Public Security )  
PUBLISHED:  
ENTRY INTO FORCE: 01/01/1968   
NORWEGIAN TITLE: Lov av 15. desember 1967 nr. 9 om patenter (patentloven)  
ENTRY INTO FORCE OF LAST AMENDING ACT: 01/01/2018  
 
 
This is an unofficial translation of th e Norwegian Patents Act. Should there be any differences between this translation and  
the authentic Norwegian text, the authentic Norwegian text  prevails.   
Chapter 1 General Provisions  
Section 1.  Within any technical field, any person who has made an inv ention which is susceptible of industrial 
application, or his successor in title, shall, in accordance with this Act, have the right on application to be granted a 
patent for the invention and thereby obtain the exclusive right to exploit the invention com mercially or 
operationally.  
Subject matters not regarded as inventions include anything which merely consists of:  
1. discoveries, scientific theories and mathematical methods;  
2. aesthetic creations;  
3. schemes, rules or methods for performing mental acts, playing games or doing business, or programs for 
computers;  
4. presentations of information.  
 
Inventions may also constitute patentable inventions when they concern a product consisting of or containi ng 
biological material, 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 e ven if it already occurs in nature. Biological material means, for the purpose of this 
legal text, material 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, be patentable if usage of the patent is not technically limited to one particular plant or animal variety. The 
King may, by regulation, determine what should be considered a plan t or an animal variety.  
A patent cannot be granted for what are essentially biological processes to produce plants or animals. An 
essentially biological process means, for the purpose of this legal text, a process, which consists entirely of natural 
pheno mena such as crossing or selection. A patent may, on the other hand, be granted for microbiological or other 
technical processes or for a product produced by such processes. A microbiological process means, for the purpose 
of this legal text, any process i nvolving, 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 th e 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, inc luding the sequence or partial sequence of a gene, cannot constitute patentable inventions.  
An element which is isolated from the human body or otherwise produced by means of a technical 
process, including the sequence of a gene, may constitute a patentab le invention, even if the structure 
of that element is identical to that of a naturally existing element.  
Section 1 b. Inventions shall be considered unpatentable where their commercial exploitation would be contrary to 
ordre public or morality.  Such exp loitation shall not be deemed so contrary merely because it is prohibited by law or 
regulation. 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 commercial purposes, and  
4 processes for modifying the genetic identity of animals, which are likely to cause them, suffering without any 
substantial medical benefit to man or animal, including animals resulting from such process.  
 
Section 2.  Patents shall be granted only for inventions which are new in relation to what was 
known before the filing date of the patent application, and which also differ essentially therefrom.  
Everything made available to the public, either in writing, in lectures, by exploitation or otherwise, shall be considered 
as known. The contents of a patent application filed in this country before the said date shall also be considered as 
known if the appli cation is made available to the public in accordance with the provisions of section 22. The 
requirement in the first paragraph that the invention shall differ essentially from what was known shall not apply in 
relation to the contents of such an applicatio n.  
Applications referred to in Chapter 3 shall have the same effect as applications filed in this country in the cases 
indicated in sections 29 and 38.  
The requirement in the first paragraph that the invention must be new 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 of 
those methods.  
A patent may be granted despite the fact that the invention has been made available to the public within 
six months prior to the filing of the application:  
1 through evident abuse in relation to the applicant or his predecessor in title; or  
2 through display of the invention by the applicant or his predecessor in title at an official or officially recognized 
international exhibition falling within the terms o f the Convention on International Exhibitions, done at Paris on 
November 22, 1928.  
 
Section 3.  The exclusive right conferred by a patent shall, with the exceptions referred to in the third 
paragraph, imply that no one but the patent holder may, without hi s consent, exploit the invention by:  
1 producing, offering for sale, putting on the market or using a product protected by the patent, or by importing 
or possessing the product for such purposes;  
2 using or offering to use a process protected by the pate nt or, whilst knowing, or it being obvious from the 
circumstances, that the use of the process is prohibited without the consent of the patent holder, offering the process 
for use in this country;  
3 offering for sale, putting on the market or using a prod uct made by a process protected by the patent, or 
importing or possessing the product for such purposes.  
 
The exclusive right shall also imply that no one but the patent holder may, without his consent, exploit the 
invention by offering or supplying any p erson who is not entitled to exploit the invention in this country with the means for carrying out the invention, provided that the means relate to an essential element of the 
invention and the person supplying or offering the means knows, or it is obvious  from the circumstances, 
that the means are suitable and 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 i nfringing the exclusive right provided for in the first paragraph. In relation to the provisions 
of this paragraph, persons exploiting the invention as referred to in the third paragraph, items 1, 3 or 4, 
shall not be considered entitled to exploit the inv ention.  
The exclusive right shall not include:  
1 Exploitation outside the course of professional activity.  
2 Exploitation of products protected by the patent which have been put on the market in the European Economic 
Area by the patent holder or with hi s 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 medicine so prepared.  
5 Tests, experiments and the like 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 invention shall extend to any biological material derived from that biological material through propagation or 
multiplication in an identica l or divergent form and possessing those same characteristics.  
The protection conferred by a patent on a process that enables biological material to be produced possessing specific 
characteristics as a result of the invention, shall extend to biological m aterial directly obtained through that process 
and any other biological material derived from the directly obtained 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 product containing or consisting of genetic information shall extend to 
all material, 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 propagation 
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 marketed, 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 shall imply authorization for the farmer to use the product of his harvest for 
propagation or multiplication on his own farm notwithstan ding 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 section 3a paragraphs 1 -3. The last sentence does not provide 
the 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 pr otection 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 a pplication 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, may, notwithstanding the patent, continue 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 conditions, be enjoyed 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 it has arisen or in whic h 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 of such means of transportation during their temporary or accidental stay in this 
count ry.  
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 aircraft belo nging to that country.  
Section 6 . A patent application for an invention which has been disclosed not earlier than 12 months before the filing 
date in an application for a patent in this country or for a patent, an inventor's certificate or utility model p rotection 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 dat e as the earlier application, if the applicant so requests. The King may issue regulations prescribing that 
applications which are not filed in a State party to the Paris Convention may also form the basis for priority as 
mentioned in the first sentence.  
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 Office.  
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 applicatio n shall contain a description of the invention, including drawings where necessary, and a precise 
statement of the subject matter for which protection by the patent is sought (patent claims). The fact that the 
invention relates to a chemical compound shall  not imply that a specific use must be disclosed in the claim. The 
description shall be sufficiently clear to enable a person skilled in the art to carry out the invention on the basis 
thereof. An invention which relates to or uses biological material, 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 patent claims. The abst ract shall merely serve 
as technical information and may not be taken into account for any other purpose.  
The inventor shall be identified by name in the application. If a patent is applied for by someone other than the 
inventor, the application shall con tain a declaration from the applicant stating his right to the invention. If the 
Norwegian Industrial Property Office finds reason to doubt the applicant's right to the invention, the right can be 
required proven.  
The applicant shall pay the prescribed ap plication fee. A prescribed annual fee shall also be paid for every fee 
year beginning before the application is finally decided upon.  
A fee year in accordance with this Act comprises one year and shall be reckoned the first time from the 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 cannot be describe d 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 thereof, a sample of the biological material shall be deposited not 
later than on the date of filing of the application. The sa mple 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 
sample in Norway. The King shall decree where deposits may be made.  
If a deposited culture of a microorganism ceases to be viable or a sample of the culture cannot be furnished for 
other reasons, it may be replaced by a new culture of the same microorganism within the prescribed time limit and 
on the other conditions laid down by the Kin g. 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 include 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 knowledge shall be su bject 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 also 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 national 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 information do es 
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 accordan ce 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 biological mate rial 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 accordance with the law of 21st February 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 validity 
of righ ts arising from granted patents.  
Section 9 . If the applicant so requests and pays the prescribed fee, the Norwegian Industrial Property Office shall, 
on conditions laid down by the King, allow the application to be subjected to a novelty search by an Inte rnational 
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 
application.  
Secti on 11 . If patent is sought for an invention disclosed in a patent application previously filed by the applicant, but not yet decided upon, the later application shall, at the request of the applicant and on conditions laid down by 
the King, be considered a s 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 applicant has not complied with the prescribed requirements with respect to the application, or if 
the Norwegian Industrial Property Office finds other obstacles to the acceptance of the application, the applicant shall 
be notified to that effect and be invited to submit observations or to correct the application within  a 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, within the time limit, to submit observations or to take steps  to correct a defect which has been 
pointed out, the application shall be shelved. Information to that effect shall be given in the notification from the 
Norwegian Industrial Property Office referred to in the first paragraph.  
However, the p rocessing of the application shall be resumed if the applicant submits observations or takes steps to 
make corrections for resumption of the processing within four months from the expiration of the said time limit. 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 
notification. The processing of an application which has been shelved for this reason cannot be resumed.  
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, the Norwegian Industrial Property Office shall obtain an advisory statement from an ethics 
committee appointed by the King, before making a decision. The ethic s committee shall give their advisory statement 
within three months of receiving the request. The King may, by regulation, determine specific rules for the 
committee’s procedures.  
Section 16.  If, subsequent to the receipt of the applicant's reply, the Nor wegian Industrial Property Office still 
finds an obstacle to the acceptance of the application, and the applicant has been given an opportunity to 
comment on the obstacle, the application shall be refused, unless the Norwegian Industrial Property Office fi nds 
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 invention, the Norwegian 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 requirement, his claim may be disregarded in the further processing 
of the  case.  
If an action has been brought with respect to the question of the right to the invention, the processing of the 
patent application may be suspended until the courts have reached a final decision on the question.  
Section 18 . If anyone proves to the  satisfaction of the Norwegian Industrial Property Office that he, and not the 
applicant, is entitled to the invention, the Norwegian Industrial Property Office shall, instead of refusing the 
application for that reason, transfer it to him if he so request s. 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 until a final decision 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 applicant shall be notified that a patent may be granted.  
Subsequent to the applicant having been notified that a patent may be granted, th e patent claims may not be 
amended so as to extend the scope of the patent protection.  
Section 20.  The applicant shall pay the prescribed fee for grant within two months from being notified by the 
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 application 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 res umption 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 Norwegia n Industrial Property Office may 
grant such exemption if the payment of the fee shall cause considerable difficulties for the applicant. If the request for 
exemption is  
refused, payment of the fee within two months from the refusal shall be considered as payment in due time.  
Section 21.  When the 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 obstacle 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 Norwegian 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 patent is granted in English, the patent specification shall 
contain a translat ion into Norwegian of the patent claims. If the translation does not correspond to the English 
text, the patent protection will only apply to the extent that there is agreement between the translation and the 
English text. In cases concerning the limitatio n or validity of a patent that has been granted in English, the 
decision will only be based on the patent claims in English. The patent holder may submit a correction of a 
translation as mentioned 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 corrected translation will then apply. When submitting a corrected translation, se ction 
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 that have been made available to the public in accordance with 
section 22.   
Section 22.  All documents of the applicatio n 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 application has been shelved or refused, the documents shall 
not be made available to  the public unless the applicant requests resumption of the processing of the application, 
appeals against the refusal or requests re -establishment of rights under sections 72 or 73.  At the applicant's request, the application documents shall be made avai lable to the public earlier than prescribed 
in the first or second paragraph.  
When the documents become available to the public under the second or third paragraph, a notice to that 
effect shall be published by the 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 Norwegian Industrial Property Office may, upon request and where there are special circumstances 
which make it desirable, decide that t he 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.  
Propo sals, drafts, memoranda and other similar working documents prepared by the Norwegian Industrial Property 
Office in connection with the processing of an application shall not be available to the public, unless the Norwegian 
Industrial Property Office so de cides.  
If a sample of biological material has been deposited according to section 8a, anyone has the right to be furnished 
with a sample of the material when the documents of the application have 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 risk due to the harmful properties of the material.  
Until a p atent has been granted or the application has been finally decided upon without a patent having been 
granted, the applicant may, notwithstanding the provisions of the seventh paragraph, request that 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 declaration to the effect that the restrictions laid down by the King concerning  the use of the sample will 
be observed. If the sample may only be issued to a specially appointed expert, the declaration shall be made by the 
expert instead.  
Section 23.  If an application which is available to the public is shelved or refused, a notice of this decision shall be 
published when it is final.  
Section 24.  Any person may file an opposition to a granted patent. A notice of opposition shall be filed in 
writing, state the grounds for the opposition, and reach the Norwegian Industrial Property Of fice 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 further 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 date the patent was granted. Any person who files such an objection later than nine months after 
this date shall pay a prescribed fee.  
An oppos ition founded on the claim that the patent has been granted to someone other than the person 
entitled to the patent under section 1, may only be filed by the person claiming to be entitled to the patent. The 
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 Office may order the patent holder to submit a translation into Norwegian of the patent specification. If the 
patent holder fails to submi t a translation within the time limit stipulated by the Norwegian Industrial Property Office, 
the Norwegian Industrial Property Office may have the patent specification translated for the patent holder's account.   
Even if the opposition is withdrawn the pr ocessing 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 down in sections 1 and 2 are not fulfilled;  
2 it relates to an invention which is not disclosed in a manner sufficiently clear as to enable a person skilled in 
the art to carry out the invention on the basis of the description; or  
3 the subject matter 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 Norwegian 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 regard ing an opposition is final, a notice of the decision shall be entered in the Register of Patents and 
shall be published. If the decision entails the maintenance of the patent in an amended form, the Norwegian 
Industrial Property Office shall issue a new pa tent 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 applicant, he may 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 opponent , 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 section 20, first paragraph, or accepting 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 section 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 notification of the decision was sent to the party concerned. The prescribed a ppeal 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 Board 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 patent holder w as 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 
submitted to th e Board of Appeal. Section 24 seventh paragraph shall apply correspondingly to the Board of Appeal 
for Industrial Property Rights in connection with appeals against decisions by the Norwegian Industrial Property Office 
concerning an opposition.   
Chapter 3 International Patent Applications  
Section 28 . "International patent application" means an application filed in accordance with the Patent 
Cooperation Treaty, done at Washington on June 19, 1970 (the PCT).  
International patent applications shall be filed with the national patent authorities or international organizations 
which, according to the PCT, are authorized to receive such applications (receiving Offices). The Norwegian 
Industrial Property Office is a receiving Office according to provisions laid do wn by the King. The applicant must pay 
the prescribed fee for an international application which is filed with the Norwegian Industrial Property Office.  
The provisions of sections 29 to 38 shall apply to international patent applications designating Norwa y.  
Section 29.  An international patent application to which the receiving Office has accorded an international filing 
date shall have the same effect as a patent application filed in this country on the same 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 far 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 filing date or, if priority is clai med, from the date from which priority is 
claimed, file a translation of the international application 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 sh all 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 processing of the application may not, without the consent of the applicant, be 
initiated until the expiratio n 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 application into the national phase, 
provided the applicant has complied with the obligation under section 31 to file a translation of the application, or, 
if the application is in Norwegian, has filed a copy with the 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 available to the 
public when it has been made available in accordance with the third paragraph. An internat ional 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 
transl ation of the patent claims into Norwegian, and the Norwegian Industrial Property Office has published a notice 
that such a translation has been submitted, cf. section 60 second paragraph first to third sentences.   
 
Section 34 . An international patent appli cation 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 applicatio n shall not, without the consent of the applicant, be accepted or 
published in print or in any similar manner until it has been published by the International Bureau of the 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 computed from the date from which 
priority is claimed.  
Section 36.  If a part of an international patent application has not been subjected t o an international search or an 
international preliminary examination on the ground that the application was found to relate to inventions which are 
mutually 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, u nless the applicant pays the prescribed fee within two months from the date on which the Norwegian 
Industrial Property Office notified him of its decision. If the Norwegian Industrial Property Office determines that the 
finding was not justified, it shall continue the processing of the application in its entirety.  
The applicant may appeal against a decision according to the first paragraph in cases where the Norwegian 
Industrial Property Office has found that the patent application relates to independent i nventions. 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 A ppeal upholds the decision by the Norwegian Industrial Property Office, the time limit for 
payment of such fee as referred to in the first paragraph, second sentence, shall be computed from the date on which 
the Norwegian Industrial Property Office sent th e applicant a notification of the decision by the Board of Appeal.  
Section 37.  If a part of an international patent application has not been subjected to an international preliminary 
examination on the ground that the applicant has restricted the patent c laims at the invitation of the authority 
concerned, the part of the application which has not been examined shall be considered withdrawn unless the 
applicant pays the prescribed fee to the Norwegian Industrial Property Office within two months from the in vitation 
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 declared 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 pur pose of determining whether it was justified. The same shall apply where the 
International Bureau has declared that the application shall be considered withdrawn.  
A request for review under the first paragraph shall be submitted to the International Burea u within the 
time limit prescribed by the King. The applicant must, within the same time limit, submit to the Norwegian 
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 
International Bureau was not justified, the Norwegian Industrial Property Office shall continue the processing of the 
application according to Chapter 2.  If the receiving Office has not accorded an international filing date, the 
application shall be deemed to have been filed on the date which the Norwegian Industrial Property Office finds 
should have been accorded as the international filing date. If the a pplication satisfies the requirements of the PCT 
as to form and contents, 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 parag raph, provided that the application is made available to the public 
according to section 22.  
Chapter 4 The Extent and Duration of the Patent  
Section 39.  The extent of the protection conferred by a patent s hall be determined by the patent claims. The 
description may serve as a guide to the understanding of the patent claims.  
Section 39a.  A patent holder may request that the patent claims or the description shall be amended in order to 
limit the scope of the  patent protection (patent limitation).  
A request for patent limitation shall be filed in writing with the Norwegian Industrial Property Office. The 
request may not be filed before the nine month time limit according to section 24 paragraph 1 for filing o pposition 
has expired and not before oppositions  filed within the said period , if any, have been finally decided upon. If an 
action has been brought before the courts of law for transfer of the patent, or if a distraint has been put thereon, a 
request for patent limitation may not be filed until final decision has been taken with respect to the action or the 
distraint no longer applies. If the patent holder requests or has requested limitation or revocation of a European 
patent by the European Patent Office , the Norwegian Industrial Property Office shall immediately suspend its 
handling of a request filed in accordance with the first sentence of this section until the European Patent Office has 
made a final decision in the matter. The Norwegian Industrial Pr operty Office will subsequently resume its handling 
of the request unless there was full accordance between this request and the request filed by the patent holder with 
the European Patent Office.  
The patent holder shall pay the prescribed fee for the lim itation procedure.  
Section 39b.  If the request complies with the prescribed requirements, the Norwegian Industrial Property Office 
shall 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 basis of the description.  
If the Norwegian Industrial Property Office finds that there are no obstacles to granting the requ est, the 
patent shall be limited 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 
Norwegia n Industrial Property 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 ho lder fails, within the time limit, to submit observations or to take steps to correct a defect 
which has been pointed out, the request shall be rejected. Information to that effect shall be given in the 
notification from the Norwegian Industrial Property O ffice 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 commen t on 
the obstacle, the request shall be refused, unless the Norwegian Industrial Property Office finds that further 
correspondence 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 the 
Board of Appeal .  
The appeal must be received by the Norwegian Industrial Property Office within one month from the date on 
which noti fication of the decision was sent to the patent holder. Within the same time limit the prescribed appeal 
fee must be paid. If these requirements are not complied with, the appeal shall not be submitted for 
consideration.  
The patent holder may bring the de cision with respect to an appeal before the courts of law, but not later 
than one month from the date on which he was notified of the decision. Information of the time limit for instituting 
legal proceedings shall be given in the notification. The addresse e of the claim is the Kingdom of Norway by the 
Board of Appeal.  
Section 39e.  If a patent is limited in accordance with the provisions of this Chapter, a notice to that effect shall 
be published. The Norwegian Industrial Property Office shall then issue a n ew patent specification and a new 
letters patent, and the patent as limited shall be entered in the Register of Patents.  
Section 40 . A granted patent may be maintained for up to 20 years from the date of filing of the patent application.  
In order to maintain a patent, an annual fee must be paid for every fee year beginning after the grant of 
the patent. If the patent has been granted before the annual fee has started to fall due under section 41, the 
patent holder, when the annual fee fall s 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 annu al fees for the first two fee years shall not fall due until the annual fee for the third fee year falls due. The 
annual fee may not be paid earlier than six months before the due date. If the courts of law set aside a decision by 
the Board of Appeal to re fuse a patent application, annual fees for fee years beginning after the second instance 
decision and up to the date on which the decision of the court became legally binding, shall nevertheless not fall due 
prior to the elapse of two months from the latte r date.  
For a later application as referred to in section 11, the annual fees for fee years beginning before the date 
on which the later application was filed or beginning within a period of two months from that date, shall in no case 
fall due prior to th e 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 t he patent holder and the Norwegian Industrial Property Office finds 
that the payment of the annual fee involves considerable difficulties 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 at the time, but shall not 
exceed three years from the grant of the patent. A request for a prolonged extension must be made pri or to the 
expiration of the extension period granted.  
If the request for extension or prolonged extension is refused, payment of the fee within two months from 
the date on which notification of the refusal was sent to the applicant or the patent holder sh all 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 exploit 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 protection certificate to someone else or 
the grant of a licence 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 transfers 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 P roperty Office for European patent applications 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 for r ecording shall conta in documentation 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 Pr operty Office for European patent applications  has the 
right to agree to the lien , unless  clear circumstances indicates otherwise.  This also applies to anyone who has 
transferred or created a sub -lien in a lien. The recording of the lien shall be deleted w hen the lien is terminated.  
Registration in the Patent Register or the Register of the Norwegian Industrial Property Office for European 
patent applications of distraints is regulated by the Enforcement Act, Section 7 -20, ninth paragraph, cf. the Disputes 
Act Section 33 -7, second paragraph.  
The provisions 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 c oncerning 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 part ies may appeal the Norwegian Industrial Property Office’s refusal to record something under this 
Section to the Norwegian Board of Appeal for Industrial Property Rights. The appeal shall be received by the 
Norwegian Industrial Property Office within two mo nths form the day the refusal was sent to the party in 
question. A stipulated fee shall be paid. Are the conditions for processing 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 between 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 Mortgage Act Section 4 -11, hereunder transfer of and sub -liens in such liens, and distraints , legal transf ers 
for which the request for recording in the Patent Register or  the Register of the Norwegian Industrial Property 
Office for European patent applications 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 same day have equal priority. Distraints, however, 
prevail. Are more distraintments received for recordal on the same day, the earl ier prevail.  
Notwithstanding paragraphs one and two, an older right prevails, 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 paragraph 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 Indu strial 
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 second paragraph 
applies correspondingly. An earl ier lien on operating accessories  which has not been received for registration in 
the Register of Mortgaged Moveable Property 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 Office.  
 
Section 45 . Where three years have elapsed from the grant of the patent and four years from the filing of the 
patent application without the invention being worked in this country to a reasonable extent, anyone who wishes 
to work the invention in this country may obtain a compulsory licence for that purpose, prov ided there is no 
legitimate reason for the failure to work the invention.  
For the purpose of the first paragraph, utilization of the invention shall, in contracting states in the WTO 
treaty or the EEA, be given equal status as utilization within this coun try, provided that the patent rights do not 
prevent national imports. The same applies for utilization 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 compulsory licence to use the invention protected by the latter patent provided 
that the former invention involves an important technica l advance of considerable economic significance in 
relation to the latter invention.  
The holder of the patent for the invention to wh ich the 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, su bject 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 be 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 exploit ation 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.  
Section 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 signi ficantly 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 pate nt, 
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 have obtained such knowledge. 
Such right shall also, on s imilar conditions, be enjoyed by anyone who has made substantial preparations for 
commercial exploitation of the invention in this country. The compulsory licence may also comprise the time 
preceding the grant of the patent.  
Section 49 . A compulsory licen ce may only be granted to someone who has made efforts to obtain a licence on 
reasonable business terms by agreement, without achieving it in reasonable time, and may be presumed able to 
exploit the invention in a manner which is acceptable and which is in  compliance with the terms of the licence.  
A compulsory licence shall not prevent the patent holder from exploiting the invention himself or from granting 
licences.  
A compulsory licence shall only be assignable in conjunction with the enterprise where it  is exploited or in 
which the exploitation 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, com pulsory licences shall only be granted for public 
non-commercial use or to remedy practice determined after judicial or administrative process to be 
anti-competitive or based on section 47 nr.2.  
A compulsory licence shall mainly be given with the aim of s upplying the domestic market. The King 
may, by regulation, determine provisions which depart from this.  
Section 50.  The court shall grant a compulsory licence in accordance with this section, and the Norwegian 
Competition Authority in accordance with sect ion 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 compensation.  
If circumstances should change considerably, the court may, at the request of either party, cancel the licence 
or stipulate new terms.  
In a decision granting or extending a compulsory licence, the court may find that the owner of the compulsory 
licence shall have the right to exploit the invention in accordance with the decision during the period prior to the decision becoming legally binding. Motion for preliminary enforcement has to be put forward prior to the judge’s final 
deliberations on the merits of the case. If the compulsory licence is cancelled because the decision is opposed before 
becoming legally bindin g, the owner of the compulsory licence shall be obliged to pay compensation for the loss 
caused by the exploitation, to an extent considered reasonable. The third sentence shall apply correspondingly if 
restrictions are imposed on the compulsory licence. I n a decision under the first sentence, the court may instruct the 
licensee to furnish security for liability under the third and fourth sentences. If a decision granting or extending a 
compulsory licence is opposed before becoming legally binding, the cour t to which the decision is brought, may make 
or reverse 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 Norwegian Competition Authority, shall state the 
grounds for the request and provide details of the circumstances referred to i n section 49 first paragraph. The 
claim shall set out the scope of the licence and compensation and any further conditions the party considers 
reasonable. A prescribed fee shall be paid. If the application does not fulfil these requirements, The Norwegian 
Competition Authority shall grant a reasonable period of time for rectification. The demand shall be rejected if the 
deficiency in the request is not rectified within the time limit, unless the Norwegian Competition Authority finds 
reasons to grant a new p eriod of time for rectification.  
The Norwegian Industrial Property Office, Board of Plant Varieties, or any other public agency shall, upon 
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 
these authorities require in connection with cases concerning compulsory licences. The Norwegian Competition 
Authority m ay summon the parties to an oral hearing if necessary. The King may, by regulation, determine 
specific rules for the procedures.  
The regulation in section 50 third paragraph apply correspondingly for cases under this section, 
nevertheless the Norwegian Co mpetition 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 th e 
compulsory licence is cancelled or limited following a challenge or a lawsuit filed within two months of the 
Norwegian Competition Authority’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 Competition Authority or the 
Board of Appeals may in the decision concerning the compulsory licence require as a condition that the licence 
holder provide security for the liability, in accordance with this parag raph’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 paragraph, 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 t he 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 request 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 patent.  
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 entitled 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 w ith § 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 
Property 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 contravention 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 gro unds 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 request. The 
request shall be sent to the parties concurrently with the subm ission of the request to the 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 presented by the full Ethics Committee unless the Chairman of the 
Ethics Committee finds, based 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 covered by the Norwegian Freedom of Information Act. Any person shall be entitled to have access to inspect  an advisory statement prepared 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 Industri al Property Office 
and must:  
a. state the name and address of the requester;  
b. state the patent that the request concerns;  
c. state the grounds on which the request is based; and  
d. contain the necessary documentation of the matters that are being rel ied 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 reasonable 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 that 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 and present it to the patent holder, who shall be given an opportunity to submit observations on 
the request. The party requesting an administrative review shall give notice hereof by registered letter t o all 
licensees and holders 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 co mplied 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 administrative 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 in terest in having this matter reviewed after the patent has terminated.  
The Norwegian 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 22, fifth and sixth paragraphs, shall apply correspondingly.  
Section 24 seventh paragraph shall apply correspondingly to the Norwegian Indust rial Property Office 
in connection with administrative reviews.   
Section 52 c . A request for an administrative review cannot be filed before the time limit for oppositions has 
expired or while an opposition procedure or patent limitation proceedings reques ted 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 decision has been 
made on a  request for an administrative review, the Norwegian Industrial Property Office 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 t han the patent holder. The party requesting an administrative 
review cannot institute legal proceedings regarding the patent while administrative review proceedings are pending before the Norwegian Industrial Property Office.  
A request for an administrati ve review cannot be filed by a party who has previously brought legal 
proceedings before the courts regarding the validity of the patent if the rules on enforceable final decisions prevent 
new legal proceedings regarding the patent from being brought befor e 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 anoth er party than the party who is entitled to the invention, cf. section 1, first 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 O ffice shall obtain an advisory statement from the Ethics Committee 
in Patent Cases.  
If the Norwegian Industrial Property Office finds that the patent has been granted in contravention of sections 
1 and 2, it shall be declared invalid if the grounds for su ch invalidity cannot be remedied through an amendment of 
the patent. The patent 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 not 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 p atent 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 application 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 the the Board of Appeal  by the party against whom the decision of the Norwegian 
Industrial Property Office has gone. The appeal must have been received by the Norwegian Industrial Property 
Office within  two months from the date on which notification of the decision was sent to the 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 concerns;  
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 declar ed 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 Property Office or by the Board of Appeal for Industrial Property Rights. A decision to refuse 
or reject a request for a n administrative review cannot be brought before the courts.  
 
Section 24 seventh paragraph shall apply correspondingly to the Board of Appeal 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 entitled 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 good faith or if he has made substant ial preparations for such exploitation, be entitled, against 
reasonable compensation and on reasonable conditions in other respects, to continue the exploitation or to start the 
prepared exploitation whilst retaining its general character. Such right shall  also, on the same conditions, be 
enjoyed by 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 Industrial 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 a s 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 a nother party before it has been made 
available to the public shall, upon request, be obliged to give that party access to the documents of the application. 
If the application involves the deposit of a sample of biological material of the microorganism as r eferred 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 conce rning the 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 impression that such is the case, 
information shall be given, upon request and without undue delay, as to whether a patent has been applied for or 
granted.  
Chapter 9. Provisions Concerning Legal Protection, etc.  
Section 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 so me 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 importa nce 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 it may be abstained from prosecution if prosecution is not required by the public 
interest, cf. Procedural Penal Act Section 62 a .  
 
Section 58.  For patent infringements committed intentionally or through negligence, the inf ringer shall pay the 
patent holder:  
a) compensation corresponding to a reasonable licence fee for the exploitation, as well as damages for any loss 
resulting 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 damages 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 so demands, pay compensation corresponding to double a reasonable licence free for the exploitation 
instead of compensation and damages stipulated 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 result of the infringement.  
       The liability under the first to third paragraphs may be red uced 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 t aken 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 pro ducts 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 effec ts of the measures and third party interests.  
       The first paragraph applies correspondingly in cases as mentioned in Section 56 a second sentence.  
       Measures imposed pursuant to this section shall not be contingent on the patent holder paying c ompensation 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. Measures shall be carried out for the defendant's account unless special grounds 
indicate oth erwise.  
Section 59 a . Instead of stipulating measures pursuant to Sections 56 a and 59, the court may, when extraordinary 
grounds for doing so exist, grant permission for the exploitation of the invention during the duration of the patent, or  
during part of it, in return for reasonable compensation to the patent holder and on appropriate terms and conditions 
in other respects. Such permission may only be granted to a person who has acted in good faith.  
  
Section 59 b . In a judgment in an infri ngement case, the court may order  that information about the judgment shall 
be communicated in a suitable manner for the infringer's account. This applies correspondingly to aiding and abetting 
and in circumstances as mentioned in Section 56 a second sente nce.  
 Section 60.  Where anyone, after the date on which the application documents have been made available to the 
public according to section 22, without permission exploits commercially an invention for which a patent has been 
applied, the provisions con cerning patent infringement shall apply mutatis mutandis to the extent that the application 
results in a patent for the invention. However, in the period prior to the grant of the patent, the patent protection 
shall only extend to the subject matter disclo sed both in the patent claims as worded when the application was made 
available to the public and in the patent claims of the patent as finally granted. No penalty may be imposed for 
exploitation of the invention prior to the grant of the patent. Compensat ion and damages as a result of exploitation 
before a patent was granted may only be ordered pursuant to Section 58 first to third paragraphs.  
 
When the patent application is in English, the applicant may submit a translation into Norweg ian 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 documents in the application are accessible to the public pursuant to 
section 22. From th e publication date, the first paragraph shall apply correspondingly to applications in English. If 
the translation does not correspond to the English text, the patent protection will only apply to the extent that 
there is agreement between the texts. The p atent holder may submit a correction of a translation as mentioned 
in the first sentence. The Norwegian Industrial Property Office shall publish a notice confirming that a corrected 
translation has been submitted and keep it accessible to the public once t he applicant has paid the prescribed 
fee. The corrected translation will then apply. When submitting a corrected translation, section 66 j second 
paragraph shall apply correspondingly.   
The statutory limit for claims accord ing 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. sect ions 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 t o section 52 d.  
Notwithstanding the first paragraph, an acquittal may be based on the patent being invalid before 
being limited by patent limitation, provided that the acquittal is not based on the patent as limited also being 
invalid.  
Section 62.  Anyone  who intentionally or by negligence fails to give information or to give others access to the 
documents as provided for in section 56 or, in the cases referred to in section 56, gives incorrect information 
shall be 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 shall 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 fees shall be paid for every fee year starting after 
the end of the patent term. In other respects the same rules apply to these annual fees as to the annual fees 
for patents.  
Further provisions concerning applications for protection cert ificates and the extension, processing and 
examination thereof, concerning the registration of protection certificates, and concerning appeals against decisions 
etc. shall be laid down by the King. The provisions in Section 67 concerning address for corres pondence applies 
correspondingly 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 (Regulatio n (EC) No. 1610/96 of the European 
Parliament and the Council concerning creation of a supplementary certificate for plant protection products) 
applies as law with the amendments and additions made by Protocol 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 revoke d a patent or confirmed a first instance decision to revoke a 
patent, cf. section 27 third paragraph,  
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 competent 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 until the European Patent Office has made a final decision in proceedings on revocation or limitation 
of the patent or until the patent may no long er be revoked by the European Patent Office.  
Section 63 b.  Actions concerning the right to be granted a European patent shall belong under the jurisdiction of 
Norwegian courts of law if:  
a. actions brought against a party who is applying for a European p atent and who has his place of residence or head 
office in Norway;  
b. the party who is claiming the right has his 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 confirmation, that actions shall be brought before a 
Norwegian court of law.  
 
Actions concerning the right to be granted a European patent between an empl oyer and an 
employee for an invention that has been 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 quest ion 
is primarily employed, the employee is attached to a place of business in Norway; or  
b. the parties have agreed 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 shall be brought befo re a foreign court of law. Actions brought in accordance 
with this paragraph shall be decided on the basis of the 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 court 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 that 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 another 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 resulted 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 applicant, 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 holder 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 is not complied with.  
This section applies correspondingly to legal actions concerning supplementary protection certificates 
as men tioned 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 concerning 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 stipulate a time limit for sending the not ifications. 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 apply 
when the European Patent Office decides that a European pat ent 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 correspondingly when 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 accordance with the first paragraph first o r 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 English 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 Eu ropean 
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 
Office.   
In the cases referred to in section 63 the court shall send copies of 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 
Industri al Property Office, 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 granted by the Norwegian Industrial Property Office and shall 
follow the same provisions when the requirements in section 66 c, first paragraph, have been complied 
with.  
A decision from the European Patent Office fully or partially to revoke or limi t a European 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 date on which the patent application was filed. The 
provisions in sections  39 e and 55 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 paragraph, must also have been complied wi th. 
Section 66 c.  In order for a European patent to have effect in Norway, the patent holder shall, within three 
months after the day that the European Patent Office published its decision to grant the patent, supply  the 
Norwegian Industrial Property Office with a  translation as described in paragraph two  of this Section,  of the text 
upon which the decision depends, 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 limitation. The provisions in section 72, first paragraph, shall apply correspondingly to any failure to meet time limits in acco rdance with the present paragraph. If a decision is made 
on the re -establishment of rights despite the failure to meet a time limit, the Norwegian Industrial Property Office 
shall publish a notice hereof.  
When s upplying the Norwegian Industrial Property O ffice with  such translation as prescribed by paragraph one, 
first or second sentence, a translation into Norwegian of the patent claims must always be provided. If the patent 
is granted in French or German, a translation into Norwegian of the description m ust be provided in addition. If 
the patent is granted in English, a translation into Norwegian of the description may be provided.   
Translations shall be kept accessible to the public. However, this shall not apply until a European patent 
application has been published by the European Patent Office.  
When the European Patent Office has published its decision to grant the patent and the requirements in 
paragraph 1 have been complied with, the Norwegian Industrial Property Office shall publish a notice that the 
patent is valid in Norway. 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 Office.  
Section 66 d.  If any party has, in good faith, started exploiting the invention for commercial or operational purposes 
in Norway or has made significant improvements to the invention after the time limits stipulated in section 66 c have 
expired, but before notice has been published that the failure to meet the time limits will not hav e any effect, the 
party in question may, without being prevented 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 Property 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 correspondingly.  
Section 66 f.  A European patent application that is valid in Norway and for 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,  the application has priority from an earlier date than the 
filing 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 Eu ropean Patent Convention shall be equated with the application 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 publicat ion in accordance with Article 93.  
Section 66 g . When a European 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 
Norweg ian of the patent claims in their published form, the Norwegian 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 published 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 conferred by the patent shall, however, 
only extend to what is specified  both in the published patent claims and in the patent claims in the granted 
patent. If the patent has been revoked or limited by t he 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 oppositi on 
period for the European patent has expired or the European Patent 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 had 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 if the application or the s tatement must be regarded as having been withdrawn in accordance with 
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 applica tion filed in Norway is withdrawn or is 
regarded as having been withdrawn 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 th at was the language of the proceedings at the European Patent 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 p roceedings concerning the validity 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 w ith 
section 66 c to the Norwegian Industrial Property Office 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 supplied. 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 translation has been supplied and make it avail able to the public. The corrected translation 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 
accordance 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 freely continue a 
corresp onding exploitation of the invention without 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 fail ure to meet the time limit for a European 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 made significant improvements 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 quest ion may freely continue a corresponding exploitation of 
the invention without this being prevented by the patent. The provisions in section 74, third paragraph, 
shall apply correspondingly.  
Section 66 l.  If, in the period between the date on which a decis ion 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 good 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 c orresponding exploitation of the invention 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 applicati on 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 requ est 
from the applicant, regard the application 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 applicant was informed that the applicati on 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 application or, if priority has been claimed, from the priority date.  
 
If the requirements in the first paragraph have been complied 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 th e 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 b een 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 published 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 
Proper ty 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 publication in  the Norwegian Patent Journal (Norsk Patenttidende).   
If the applicant or the patent holder has appointed a representative to act on his behalf in matters concerning the 
application or the patent, the name and the address of the representati ve 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 stipulate the fees provided for in this Act and the further conditions for payment 
of the fees. He may provide that one or more of the earlier fee years shall be exempted from fees. On 
alteration of the annual fees, he may, within th e limitations referred to in section 76, item 8, provide that 
the new fees shall also apply to patents previously granted.  
The King shall also stipulate the fees for recordals in the Patent Register or in the Register of 
the Norwegian Industrial Property Office for European Patent Applications  and for printouts, copies 
and certificates issued by the Norwegian Industrial 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 processi ng thereof, requests for patent limitation and the processing 
thereof, the Register of Patents , 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 reques t of the official 
authorities of another country, 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 countr y or by an international institution.  
The King may further provide that an applicant who has filed a corresponding patent application in 
another country, within a certain time limit from the filing of the application i n this country, be obliged to 
submit information that has been communicated to him by the patent authority of that country as to the 
result of the examination of the patentability of the invention. However, a decree concerning such 
obligation to submit inf ormation shall not include patent applications referred to in Chapter 3 which have 
been subjected to international preliminary examination and where a report on the result 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 assigned to the Government or to 
another party designated by the King. Compensation, stipulate d 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 n ot met his liabilities, the Government shall, at 
the request of the party entitled to compensation, be obliged to pay the compensation promptly.  
Section 71.  Inventions of importance to the defence of the realm shall be governed by a separate Act.  
Section  72. With the exception of cases referred to in the second paragraph, the applicant for a patent who 
has failed to comply with a time limit prescribed in or pursuant to this Act and who thereby has suffered loss 
of rights shall, upon request, have his righ ts 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 o f 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 corre spondingly to a patent holder who has not paid 
the annual fee within the 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 section 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 co mply 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 document 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 comp leted 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 fee has been sent to th e Norwegian Industrial Property Office within five 
days from the resumption of the postal service; 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 sender has had reason to believe that the mail would arrive within two days from the date of mailing, or if airmail 
was not available.  
 
Where the applicant wishes re -establishment of his rights according to the first paragraph, he 
must, within the time limit prescribed in that paragraph, file a request to that effect in writing with the 
Norwegian Industrial Property Office.  
Section 74.  Where a patent application whic h has been made 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 Proper ty Office 
shall publish a notice to that effect.  
Where anyone, after final refusal of the application, expiration of the time limit for the resumption of the 
shelved application or after the lapse of the patent, but before the publication in accordance with the first paragraph 
has been made, has started to exploit the invention commercially in this country in good faith, he may, 
notwithstanding the patent, continue the exploitation whilst retaining its general character. Suc h right 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 it 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 may 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 App eals before the 
courts of law.  
Section 76.  Entry into Force and Transitional Provisions.  
1.  This Act shall enter into force on January 1, 1968. Subject to items 2 to 8 below, the Patents Act of July 2, 1910, 
with later amendments shall be repealed simul taneously. However, as regards inventions concerning foodstuffs 
and medicines, a patent shall not be granted for the actual product, but only for the process for its production, 
until the King provides otherwise.  
2.  Taking into account the following exce ptions, 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 - - -.