WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO 
IP/N/1/NOR/P/6 
11 July 2012 
 (12-3753) 
Council for Trade-Related Aspects  
of Intellectual Property Rights Original:   English/ 
 anglais/  inglés 
 
  
MAIN DEDICATED INTELLECTUAL PR OPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
 
NORWAY 
  The present document reproduces the text
1 of the Patents Act which entered into force on 
1 January 1968, as notified by Norway on 12 J une 2012 under Article 63.2 of the Agreement (see 
document IP/N/1/NOR/3). 
 
Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce 
 
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À 
LA PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
 
NORVÈGE 
 
 Le présent document contient le texte1 de la Loi sur les brevets, entrée en vigueur le 
1er janvier 1968 et notifiée par la Norvège le 12 juin 2012 au titre de l'article 63:2 de l'Accord (voir le 
document IP/N/1/NOR/3). 
 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO 
 
NORUEGA 
 
 En el presente documento se reproduce el texto refundido1 de la Ley de Patentes que entró en 
vigor el 1° de enero de 1968, notificada por Norueg a el 12 de junio de 2012 en virtud de lo dispuesto 
en el párrafo 2 del artículo 63 del Acue rdo (véase el documento IP/N/1/NOR/3). 
 
                                                      
1 In English only./En anglais seulement./En inglés solamente.   
  
  
   IP/N/1/NOR/P/6  
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LOV 1967-12-15 nr 09: The Patents Act 
 
This is an unofficial translation of the Norwegian Patents Act (Act no. 09 of 
15 December 1967). This is a consolidated version of the original text and later amendments. 
Should there be any differences between this translation and the auth entic Norwegian text, 
the decision will be made on the basis of the authentic Norwegian text.    
Date of enactment of the original text. 
 15-12-1967 
Date of entry into force of the original text. 
 01-01-1968 
Date of entry into force of the last 
amendment(s).  01-07-2010 
Ministry responsible. 
 JD (Ministry of Justice and Public Security) 
Short title. 
 The Patents Act 
 
Table of contents   
 
Chapter 1 - General Provisions  Chapter 2 - The Patent Appli cation and its processing, etc  
Chapter 3 - International Patent Applications  Chapter 4 - The Extent and Duration of the Patent  
Chapter 5 - Annual Fees  Chapter 6 - Licence, Transfer etc  Chapter 7 - Termination of the Patent etc  Chapter 8 - Obligation to Give  Information about Patents  
Chapter 9 - Provisions concer ning Legal Protection etc  
Chapter 9a - Prolonged Term of Pr otection for Medicinal Products  
Chapter 10 - Provisions on Legal Proceedings  Chapter 10a - European Patents  Chapter 11 - Miscellaneous Provisions    
 
   
  
  
    IP/N/1/NOR/P/6  
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Chapter 1 General Provisions  
 
Section 1. Within  any technical field, any person who has ma de an invention 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 inventi on and thereby obtain the exclusive right to exploit 
the invention commercially or operationally.   Subject matters not regarded as inventions in clude 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 pa tentable inventions when they concern a product consisting of or 
containing biological material, or a process by means of which biological material is produced, processed or used. Biological material, which is isol ated from its natural environment or produced by 
means of a technical process, may be the subject of an invention even if it already occurs in nature. 
Biological material means, for the purpose of th is 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 an imal 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 regulatio n, determine what should be considered a plant 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 phenomena such as crossing or selection. A patent may, on the other hand, be 
granted for microbiological or other technical pro cesses or for a product produced by such processes. 
A microbiological process means, for the purpose of this legal text, any pr ocess involving, performed 
upon or resulting in the production of microbiological material.   A patent shall not be granted for methods for surgi cal or therapeutic treatment or diagnostic methods, 
practiced on humans or animals. This provision sh all not prevent the grant of patents for products, 
including substances and compositions of substances, for use in such methods.  
 Section 1 a. The human body, at all of the various  stages of its formation and development, and the 
simple discovery of one of its elements, including the sequence or partial sequence of a gene, cannot 
constitute patentable 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 patentable invention, even if the structure 
of that element is identical to that of a naturally existing element.   Section 1 b. Inventions shall be considered unpa tentable where their commercial exploitation would 
be contrary to ordre public or morality.  Such expl oitation 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   IP/N/1/NOR/P/6 
Page 6  
 
  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 inven tions which are new in relation to what was known 
before the filing date of the patent applicati on, and which also differ essentially therefrom.  
 
Everything made available to the public, either in wr iting, 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 relati on to the contents of such an application.  
 
Applications referred to in Chapter 3 shall have the sa me effect as applications filed in this country in 
the cases indicated in sections 29 and 38.   The requirement in the first paragraph that the in vention 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 met hods referred to in section 1, sixth paragraph, 
provided that the use of the substance or the com position of substances is not known in relation to any 
of those methods.   A patent may be granted despite the fact that th e 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 applican t or his predecessor in title at an official or 
officially recognized international exhibition falling within the terms of the Convention on 
International Exhibitions, done at  Paris on November 22, 1928.  
 
Section 3. The exclusive right conferred by a patent shall, with the exceptions referred to in the third 
paragraph, imply that no one but the patent holder ma y, without his 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 patent 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 usi ng a product 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 person who is not entitled to exploit the invention in this 
country with the means for carrying out the inventio n, 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 infri nging the exclusive right provided for in the first 
paragraph. In relation to the provi sions 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 invention.   IP/N/1/NOR/P/6  
 Page 7 
 
 
   
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 Trials, experiments and similar of  a patented medicine that are required to obtain a marketing 
authorisation for a medicine in a state that is a contracting party to the agreement of 15 April 1994 on 
the establishment of the World Trade Organization (The WTO Agreement).  Section 3 a. The protection conferred by a pa tent on biological material possessing specific 
characteristics as a result of the invention shall ex tend to any biological material derived from that 
biological material through propagation or multiplication in an identical or divergent form and possessing those same characteristics.   The protection conferred by a patent on a process th at enables biological material to be produced 
possessing specific characteristics as a result of the invention, shall extend to biological material 
directly obtained through that pr ocess and any other biological material derived from the directly 
obtained biological material through propagation or mu ltiplication in an identical or divergent form 
and possessing those same characteristics.   The protection conferred by a patent on a product co ntaining 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 c ontained and performs its function.  
 The protection referred to in para graphs 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, wher e the multiplication or propagation necessarily results 
from the application for which the biological mate rial was marketed, provided that the material 
obtained is not subsequently used fo r 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 th is shall imply authorization for the farmer to use the product of his 
harvest for propagation or multiplication on his own fa rm notwithstanding section 3 a paragraphs 1-3.  
 If breeding stock or other animal reproductive material is sold or transferred, with the 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 purpo se 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 protection conferred by a patent  on biological material, which already exists in 
nature, shall only extend to the part of the materi al that is necessary for the industrial application 
specified in the patent application. It shall be evident from the patent application how the biological 
material may be used for industrial purposes.   IP/N/1/NOR/P/6 
Page 8  
 
  Section 4. Anyone who, at the time when the pa tent application was filed, was exploiting the 
invention commercially in this country, may, notw ithstanding 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 inven tion in this country.  
 The right provided for in the first paragraph may onl y be transferred to others  in conjunction with the 
enterprise in which it has arisen or in which the exploitation was intended.   
Section 5. An invention may, no twithstanding a patent, be utilized on a foreign vehicle, vessel or 
aircraft in connection with the use of such me ans of transportation during their temporary or 
accidental stay in this country.   Where a foreign country grants similar rights in r espect of Norwegian aircraft, the King may provide 
that, notwithstanding a patent, spare parts and access ories for aircraft may be imported into and used 
in this country for the repair of aircraft belonging to that country.   Section 6. A patent application for an invention which has been disclosed not earlier than 12 months 
before the filing date in an application for a patent  in this country or for a patent, an inventor's 
certificate or utility model protection in a forei gn country party to the Paris Convention for the 
Protection of Industrial Property of March 20, 1883,  shall, for the purposes of section 2, first, second 
and fourth paragraphs, and section 4, be deemed to have been filed on the same date as the earlier 
application, if the applicant so requests. The King  may issue regulations prescribing that 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 th e 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 f iled 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 application shall contain a description of the i nvention, including drawings where necessary, and 
a precise statement of the subject matter for which pr otection 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 suffici ently clear to enable a pe rson skilled in the art to 
carry out the invention on the basis thereof. An inve ntion which relates to or uses biological material, 
in the cases referred to in section 8a, only be consider ed 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 abstract shall 
merely serve as technical information and may not be taken into account for any other purpose.  
 
The inventor shall be identified by name in the app lication. If a patent is applied for by someone other 
than the inventor, the application shall contain a de claration 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.   IP/N/1/NOR/P/6  
 Page 9 
 
 
   
The applicant shall pay the prescribed application f ee. 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 th ereafter 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 described in th e 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 sample 
shall thereafter always be deposited so that anyone w ho under this Act is entitle d to be furnished with 
a sample of the biological material should be fu rnished 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 la id down by the King. In that case, the new deposit 
shall be deemed to have been made on the date that the previous deposit was made.  
 
Section 8 b. If an invention concerns or uses biol ogical material, the patent application shall include 
information on the country from which the inventor co llected or received the material (the providing 
country). If it follows from the national law in the providing country that access to biological material 
shall be subject to prior consent, the application sh all state whether such con sent has been obtained.  
 
If the providing country is not the same as the country of origin of the biological material, the 
application shall also state the country of origin. The country of origin means the country from which 
the material was collected from its natural environm ent. If the national law in the country of origin 
requires that access to biological material shall be su bject to prior consent, the application shall state 
whether such consent has been obtai ned. If the information set out in this subsection is not known, the 
applicant shall state that.  
 
The duty to disclose information under the firs t and second paragraphs applies even where the 
inventor has altered the structure of the received material. The duty to disclose information does not 
apply to biological material derived from the human body.   
Breach of the duty to disclose information is subject  to penalty in accordance with the General Civil 
Penal Code § 166. The duty to disclose informati on 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 biol ogical material from the human body, the patent 
application shall include information on whether th e person from whom the material has been derived 
has given his/her consent to the use of the biol ogical material, in accordance with the law of 
21
st 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 Code § 166. The duty to disclose informati on is without prejudice to the processing of patent 
applications or the validity of rights arising from granted patents.  
 Section 9. If the applicant so requests and pays th e prescribed fee, the Norwegian Industrial Property 
Office shall, on conditions laid down by the King, a llow the application to be subjected to a novelty IP/N/1/NOR/P/6 
Page 10  
 
  search by an International Search ing 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 inde pendent inventions may not be applied for in the 
same application.  
 
Section 11. If patent is sought for an invention discl osed in a patent applicati on previously filed by the 
applicant, but not yet decided upon, the later applica tion shall, at the request of the applicant and on 
conditions laid down by the King, be consider ed as filed on the date on which the documents 
disclosing the invention were received by the Norwegian Industrial Property Office.  
 
Section 12. (Repealed by Act No. 8 of March 26, 2010.)   Section 13. A patent application must not be ame nded 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 Propert y Office finds other obst acles 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 li mit. However, the Norwegian Industrial Property 
Office may make such amendments in the ab stract 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 Prope rty Office referred to in the first paragraph.  
 However, the processing 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 an d 42 is not paid, the application shall be shelved 
without prior notification. The processing of an ap plication 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 Norw egian Industrial Property Office shall obtain an 
advisory statement from an ethics committee appointed by the King, before making a decision. The ethics committee shall give their advisory statement within three months of receiving the request. The 
King may, by regulation, determine specifi c rules for the committee's procedures.  
 
Section 16. If, subsequent to the receipt of the a pplicant's reply, the Norwegian 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 finds that further correspondence is required.  
 
Section 17. If anyone claims before the Norwegia n Industrial Property Office that he, and not the 
applicant, is entitled to the invention, the Norwegia n Industrial Property Office may, if the question is 
found doubtful, invite the party concerned to brin g 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.   IP/N/1/NOR/P/6  
 Page 11 
 
 
   
If an action has been brought with respect to the que stion 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, tr ansfer it to him if he so requests. The transferee 
shall pay a new application fee.   
If a request has been made for transfer of a patent application, the application shall not be shelved, 
refused or accepted until a final decision has been made with respect to the request.  
 Section 19.If the application complies with the prescr ibed 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, the patent claims may 
not be amended so as to extend the scope of the patent protection.   Section 20. The applicant shall pay the prescribed fe e for grant within two months from being notified 
by the Norwegian Industrial Property Office that a pate nt may be granted. Failure to do so will result 
in the application being shelved. However, the pr ocessing 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 resumption of the processing of the application shall be paid.   If the applicant is the inventor and if, within tw o months from the mailing of the notification that a 
patent may be granted, he requests exemption fro m payment of the fee for grant, the Norwegian 
Industrial Property Office may grant such exemp tion if the payment of the fee shall cause 
considerable difficulties for the applicant. If the re quest 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 fee for grant under section 20 has been paid or exemption from payment of such 
fee has been granted, the application shall be acc epted provided that there are still no obstacles to the 
grant of a patent. A notice of the decision shall be published.   When a notice of the decision to accept the applicati on has been published, the patent is granted.  
 
Simultaneously with the grant of the patent, the Norwegian Industrial Property Office shall publish a 
patent specification. The patent specification shall include a description, patent claims, an abstract, 
and the names of the patent holder and the inventor.   When the patent is granted, a letters patent shall be issued.   
Patents granted shall be entered in the Register of Patents kept by the Norwegian Industrial Property 
Office. Anyone shall be entitled to examine the Regi ster of Patents, to obtain certified extracts there 
from and to obtain copies of patent applications which have been made available to the public 
according to section 22.   
Section 22. All documents of the application shall be made available to the public as of the date on 
which the patent was granted.   When 18 months have passed from the filing date of the application or, if priority under section 6 has 
been claimed, from the date from which priority is claimed, the documents shall be made available to IP/N/1/NOR/P/6 
Page 12  
 
  the public even if a patent has not yet been granted. However, if th e application has been shelved or 
refused, the documents shall not be made ava ilable 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 available to the public earlier than 
prescribed in the first or second paragraph.   When the documents become available to the pub lic 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 rela te to an invention for which patent has been 
sought or granted, the Norwegian Industrial Prope rty Office may, upon request and where there are 
special circumstances which make it desirable, deci de that the document shall not be made available 
to the public. If such request has been submitted, the document shall not be made available to the 
public until the request has been re fused by a final decision in a ccordance with section 26, fourth 
paragraph.   Proposals, drafts, memoranda and other similar working documents prepared by the Norwegian 
Industrial Property Office in connection with the pro cessing of an application shall not be available to 
the public, unless the Norwegian Industr ial Property Office so decides.  
 
If a sample of biological material has been depos ited 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 th ird 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, how ever, that a sample shal l 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 patent has been granted or the applicati on has been finally decide d upon without a patent 
having been granted, the applicant may, notwithst anding 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 w ho 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 oppositi on, and reach the Norwegian Industrial Property 
Office within nine months from the date of grant of the patent. Under special circumstances, the 
Norwegian Industrial Property Office may grant a s hort additional time limit in which to provide 
further documentation in s upport of the opposition.  
  IP/N/1/NOR/P/6  
 Page 13 
 
 
  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 opposition founded on the claim that the patent ha s been granted to someone other than the person 
entitled to the patent under section 1, may only be f iled 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 Property Office shall notify th e patent holder of oppo sitions 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.  
 Even if the opposition is withdrawn the processing th ereof may continue provided that special reasons 
exist therefore.   Section 25. Subsequent to an opposition the Norw egian 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 inve ntion on the basis of the description; or  
3 the subject matter extends beyond the cont ent 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 sh all 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 rej ect the opposition if there is no obstacle as referred 
to in the first paragraph to the maintenance of th e 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 holde r has made such amendments that there is no 
obstacle to the maintenance of the patent as amende d 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 Pr operty Office regarding an opposition is final, a 
notice of the decision shall be entered in the Regist er of Patents and shall be published. If the decision 
entails the maintenance of the patent in an ame nded form, the Norwegian Industrial Property Office 
shall issue a new patent specification and a new lette rs 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 fi le an appeal against the decision with the Board 
of Appeals.  IP/N/1/NOR/P/6 
Page 14  
 
   
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 c oncerned may file an appeal against the decision 
with the Board of Appeals.   
The applicant may file an appeal against a decision refusing a request for resumption under 
section 15, third paragraph, or sec tion 20, first paragraph, or accepting a request for transfer under 
section 18 with the Board of Appeals. 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 
paragraph, with the Board of Appeals.   Section 27. An appeal must be received by th e Norwegian Industrial Property Office within two 
months from the date on which notification of th e decision was sent to the party concerned. The 
prescribed appeal fee shall be paid. If these provision s 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 Appeals 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 th e applicant or patent holder was notified of the 
decision. Information with respect to the time limit for instituting proceedings  shall be given in the 
notification.  
 
The provisions of the fifth and sixth paragraphs of section 22 shall apply correspondingly to documents submitted to the Board of Appeals.   
 
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 pa tent authorities or international 
organizations which, according to the PCT, are aut horized to receive such applications (receiving 
Offices). The Norwegian Industrial Property Office is a receiving Office according to provisions laid 
down by the King. The applicant must pay the prescrib ed 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 
Norway.  
 
Section 29. An international patent applicati on 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 nationa l phase in accordance with section 31.  
 
Section 30. An international patent application sh all be considered withdrawn as far as Norway is 
concerned in cases as referred to in Article 24(1)(i) and (ii) of the PCT.   IP/N/1/NOR/P/6  
 Page 15 
 
 
   
Section 31. If the applicant wishes an international patent application to enter the national phase in 
Norway, he must, within 31 months from the internati onal filing date or, if priority is claimed, from 
the date from which priority is claimed, file a tr anslation of the international application with the 
Norwegian Industrial Property Office to the extent pr ovided by the King, or if the application is in 
Norwegian, a copy thereof. The applicant shall pay the prescribed fee to the Norwegian Industrial 
Property Office.   The Translation or transcription may be submitte d 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 applica tion has entered the national phase under section 31, the 
provisions of Chapter 2 shall, subject to the provisi ons of this section and sections 34 to 37, apply to 
the application and the processing thereof. Howe ver, the processing of the application may not, 
without the consent of the applicant, be initiated until the expiration of the time limit according to 
section 31 first paragraph.  
 
The provisions in sections 8 b and 8 c do not  apply to international applications.  
 The provisions of section 22 shall also apply prior to  the entry of the application into the national 
phase, provided the applicant has complied with the ob ligation under section 31 to file a translation of 
the application, or, if the application is in Norweg ian, has filed a copy with the Norwegian Industrial 
Property Office.   For the purposes of sections 48, 56 and 60, an international patent a pplication shall be considered to 
have been made available to the public when it h as been made available under the third paragraph.  
 
If the application complies with the requirements of the PCT relating to the form and contents, it shall 
be accepted in those respects.   Section 34. An international patent  application shall not be accepted, nor shall it be refused, until the 
expiration of the time limit prescribed by the King, unless the applicant consents to a decision with 
respect to the application prior thereto.  
 Section 35. An international patent application sh all not, without the consent of the applicant, be 
accepted or published in print or in any similar ma nner until it has been published by the International 
Bureau of the World Intellectual Property Organi zation (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 app lication has not been subjected to an international 
search or an international preliminary examinati on on the ground that the application was found to 
relate to inventions which are mu tually 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 justifie d. If this is found to be the case, the part of the 
application which has not been searched or exam ined shall be considered withdrawn, unless the 
applicant pays the prescribed fee within two mont hs from the date on which the Norwegian Industrial IP/N/1/NOR/P/6 
Page 16  
 
  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 acco rding to the first paragraph in cases where the 
Norwegian Industrial Property Office has found that  the patent application relates to independent 
inventions. The provisions of section 27 regardin g the time limit for appeal and regarding the 
opportunity for instituting legal proceedings shall apply correspondingly.   If the Board of Appeals upholds the decision by the Norwegian Industrial Property Office, the time limit for payment of such fee as re ferred to in the first paragraph,  second sentence, shall be computed 
from the date on which the Norwegian Industrial Pr operty Office sent the applicant a notification of 
the decision by the Board of Appeals.   Section 37. If a part of an international patent app lication has not been subjected to an international 
preliminary examination on the ground that the app licant has restricted the patent claims at the 
invitation of the authority concerned, the part of th e 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 invitatio n by the Norwegian Industrial Property Office to 
pay with reference to the restriction of th e 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 appli cation shall be considered withdrawn or that the 
designation of Norway shall be considered withdraw n, the Norwegian Industrial Property Office shall, 
at the request of the applicant, review the d ecision for the purpose of determining whether it was 
justified. The same shall apply wh ere the International Bureau has d eclared that the application shall 
be considered withdrawn.  
 
A request for review under the first paragraph shall be submitted to the International Bureau within 
the time limit prescribed by the Ki ng. The applicant must, within th e 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 Norweg ian Industrial Property Office shall continue the 
processing of the application according to Chapte r 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 Offi ce finds should have been accorded  as the international filing date. 
If the application satisfies the requirements of the PC T as to form and contents, it shall be accepted in 
those respects.   The provisions of section 2, second paragraph, second sen tence, shall apply to an application which is 
processed according to the third paragraph, provided  that the application is made available to the 
public according to section 22.  
 
 
Chapter 4 The Extent and Duration of the Patent  
 
Section 39. The extent of the protection conferred by a patent shall be determined by the patent 
claims. The description may serve as a guide to the understanding of the patent claims.  
 Section 39a. A patent holder may request that the pate nt claims or the description shall be amended in 
order to limit the scope of the patent protection (patent limitation).    IP/N/1/NOR/P/6  
 Page 17 
 
 
  A request for patent limitation shall be filed in wr iting 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 opposition has expired and not before oppositions filed within the said period, if any, have been 
finally decided upon. If an action has been brought befo re 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 revocati on of a European patent by the European Patent 
Office, the Norwegian Industrial Property Office sh all 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 Industr ial Property Office will subsequently resume its 
handling of the request unless ther e was full accordance between this re quest and the request filed by 
the patent holder with the European Patent Office.   The patent holder shall pay the prescribed fee for the limitation procedure.   
Section 39b. If the request complies with the pr escribed 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 invent ion which is described sufficiently clearly as to 
enable a person skilled in the art to carry out th e invention on the basis of the description.  
 If the Norwegian Industrial Property Office finds that there are no obstacles to granting the request, 
the patent shall be limited accordingly. The limita tion shall take effect from the date on which the 
patent application was filed.   Section 39c. If the patent holder has not complied with  the requirements prescribed for the request, or 
if the Norwegian Industrial 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 holder 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 Indus trial Property Office referred to in the first 
paragraph.  
 If the Norwegian Industrial Property Office, subseque nt to the receipt of the reply from the patent 
holder, finds any obstacle to granting the request a nd the patent holder has been given the opportunity 
to comment on the obstacle, the request shall be  refused, unless the Norwegian Industrial Property 
Office finds that further correspondence is required.  
 Section 39d. If the final decision by the Norwegia n 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 Appeals.   
The appeal must be received by the Norwegian I ndustrial Property Office w ithin one month from the 
date on which notification of the decision was sent to the patent holder. Within the same time limit the 
prescribed appeal fee must be paid. If these require ments are not complied with, the appeal shall not 
be submitted for consideration.   
The patent holder may bring the decision with respect to an appeal before the courts of law, but not 
later than one month from the date on which he was notified of the decision. Information of the time 
limit for instituting legal proceedings sh all be given in the notification.  
 IP/N/1/NOR/P/6 
Page 18  
 
  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 Industria l Property Office shall then issue a new 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 be fore 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 annual 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 A ppeals to refuse a patent application, annual fees 
for fee years beginning after the second instance d ecision 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 latter date.   For a later application as referred to in section 11, the annual fees for fee years beginning before the 
date on which the later application was filed or be ginning within a period of two months from that 
date, shall in no case fall due prior to the elapse of  two months from that date. For an international 
patent application, annual fees for fee years begi nning before the date on wh ich 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 prio r 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 th e 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 ex tension 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 prior 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 wa s sent to the applicant or the patent holder shall 
be considered as payment in due time.  
 Annual fees for which an extension of the time limit for payment has been granted, may upon 
payment of the additional fee referred to in section 41, third paragraph, be paid within six months 
after the expiration of the extension period.  
 
  IP/N/1/NOR/P/6  
 Page 19 
 
 
  Chapter 6. Licence, transfer, etc.  
 
Section 43. If the patent holder has granted so meone 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 to someone else or the grant of a licence shall be recorded in the 
Register of Patents at the request of one of the parties.   Where a licence which has been reco rded in the Register has terminated, this fact shall also be 
recorded at the request of one of the parties.  
 The provisions of the first and second paragraphs shall apply correspondingly to a transfer and a 
termination of a compulsory licence, as well as to a right under section 53, third paragraph. Registration of distraints is regulated by the Enfo rcement Act, section 7-20, eighth paragraph.  
 
Legal proceedings concerning a patent may always  be brought against the party recorded in the 
Register as the owner, and notifications from the No rwegian Industrial Property Office may be sent to 
him.   In the case of a conflict between a voluntary transfer of a patent or a grant of a licence, the recording 
of which has been requested, and a transfer or gran t of a licence, the recording of which has not been 
requested or has been requested s ubsequently, the former shall prevail, provided that the holder of the 
title was in good faith at the time of the submission of the request.   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 bei ng 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, provided 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 country, 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 dut y 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 impor tant technical advance of considerable economic 
significance in relation to the latter invention.   The holder of the patent for the invention to whic h 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, subject to payment of an appropria te royalty, apply for a compulsory licence for non-
exclusive use of the invention protected by the patent inasmu ch 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 exploitation of a protected plant variety according to Act No 32, March 12, 1993 about Plant variety protection Section 28 second IP/N/1/NOR/P/6 
Page 20  
 
  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 i nvention commercially, which has been patented by 
someone else, may be given a compulsory licence  
 
1. when required by important public interests.  
2. when the patent rights are exploited in a way that significantly limits competition.  
 Section 48. Anyone who, at the time a patent appl ication was made available to the public, was 
commercially exploiting the invention for which a pate nt is applied for in this country, may, if the 
application results in a patent, obtain a compulso ry licence for the exploitation of the invention, 
provided that special circumstances make it desi rable, and that he had no knowledge of the 
application and could not reasonabl y have obtained such knowledge. Such right shall also, on similar 
conditions, be enjoyed by anyone who has made subs tantial 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 licence may only be granted to someone who has made efforts to obtain a licence on reasonable business terms by agreement, w ithout achieving it in reasonable time, and may 
be presumed able to exploit the invention in a ma nner 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 conj unction with the enterprise where it is exploited 
or in which the exploitation was intended. Furthe rmore, a compulsory licence obtained according to 
the first paragraph of section 46 may only be assigne d in conjunction with the dependent patent.  
 In the case of semi-conductor technology, compul sory licences shall only be granted for public non-
commercial use or to remedy practice determined afte r 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 supplying the domestic market. The King 
may, by regulation, determine provisions which depart from this.   
Section 50. The court shall grant a compulsory li cence in accordance with this section, and the 
Norwegian Competition Authority in accordance with section 50 a.   In a decision considering a compul sory licence, the court shall also  determine to what extent the 
invention may be exploited and stipulate the comp ensation and the other terms of the licence. The 
compensation shall be appropriate, taking into acc ount the circumstances in each case. The value of 
the licence shall be taken in consider ation 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 li cence, 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 binding, the owner of  IP/N/1/NOR/P/6  
 Page 21 
 
 
  the compulsory licence shall be obliged to pay co mpensation for the loss caused by the exploitation, 
to an extent considered reasonable. The third sen tence shall apply correspondingly if restrictions are 
imposed on the compulsory licence. In a decision unde r the first sentence, the court may instruct the 
licensee to furnish security for liability under the thir d and fourth sentences. If a decision granting or 
extending a compulsory licence is opposed before becoming legally binding, the court to which the 
decision is brought, may make or reverse a decision u nder 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 in 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 prescrib ed fee shall be paid. If the application does not 
fulfil these requirements, The Norwegian Competiti on 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 Competiti on Authority finds reasons to grant a new period 
of time for rectification.   The Norwegian Industrial Property Office, Board of Pl ant Varieties, or any other public agency shall, 
upon request from the Norwegian Competition Authorit y 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 connecti on with cases concerning compulsory licences. The 
Norwegian Competition Authority may summon the par ties to an oral hearing if necessary. The King 
may, by regulation, determine specific rules for the procedures.  
 
The regulation in section 50 thir d paragraph apply correspondingly for cases under this section, 
nevertheless the Norwegian Competition Authority or the Board of Appeals do not have the authority 
to cancel or amend a licence which has been  granted or tried by a court of law.  
 For implementation of an administrative decision, the Public Administration Act section 42 applies. If 
the compulsory licence is cancelled or limited follo wing 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 li cence holder provide security for the liability, in 
accordance with this paragr aph'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 acco rdance with this paragraph. A lawsuit may not be 
filed on the grounds that the decision on a com pulsory licence has been dismissed summarily or 
rejected. A lawsuit, filed by the patent holder in  accordance with this para graph, 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.  
 IP/N/1/NOR/P/6 
Page 22  
 
  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 whic h is not sufficiently clear to enable a person 
skilled in the art to carry out the invention on the basis thereof;  
3 it contains subject matter which was not disclosed in the application as filed;  
4 the scope of the protection of the patent has been extended after grant of the patent; or  
5 after a request for patent limitation, the patent has been amended in such a way that the scope 
of protection has been extended.  
 
If the patent is partly invalid and it can be mainta ined 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 fift h paragraphs, legal proceedings according to this 
provision may be brought by anyone.   
Legal proceedings on the ground that the patent h as 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 fro m the date on which when the plaintiff obtained 
knowledge of the grant of the patent and of the ot her facts on which the proceedings are based. If the 
patent holder was in good faith when the patent was granted or when the patent was acquired or 
transferred to him, proceedings may not brought later than three years from the grant or the transfer of 
the patent.   A party who, in accordance with § 24, has filed an opposition claiming that the patent has been granted to someone other than th e person entitled, may, in order to  try the question, bring legal 
proceedings within two months after the day the No rwegian Industrial Property Office's final decision 
in the opposition case was sent to the party concerned.   
 A court decision made in pursuance of the first para graph shall take effect from the date on which the 
patent application was filed.   
Section 52 a. If legal proceedings brought in accord ance 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 st atement is to be obtained immediately after it has 
received a notice of the party's intention to defend. Th e request for an advisory statement shall be filed 
in writing and the grounds for the request shall be st ated. The parties shall be given an opportunity to 
submit observations on whether an advisory statemen t is to be obtained and on the wording of the 
request. The request shall be sent to the parties concu rrently with the submission 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 stat ement 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 statemen t 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  IP/N/1/NOR/P/6  
 Page 23 
 
 
  for three members of the Ethics Committee to ha ndle 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 wh ich 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 f iled in writing with the Norwegian Industrial Property 
Office and must:   a. state the name and address of the requester;  
b. state the patent that the request concerns;  
c. state the grounds on which the request is based; and  d. contain the necessary documentation of the matters that are being relied on in support of the request.   
In addition, the request must comply with the requi rements prescribed by th e King by regulation, and 
the prescribed fee must be paid.   If the request does not comply with the require ments 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 publis h 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 ad ministrative review shall give notice hereof by 
registered letter to all licensees who are recorded with  their address in the Register of Patents. If no 
documentation of such notice is presented, the No rwegian Industrial Property Office may fix a time 
limit for such notice. If the time limit is not co mplied with, the request must be rejected.  
 
If two or more requests have been filed for an  administrative review of the same patent, the 
Norwegian Industrial Property Office may consol idate 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 acco rdance with section 51 or section 54 if the party 
requesting an administrative review has a legal interest  in having this matter reviewed after the patent 
has terminated.   IP/N/1/NOR/P/6 
Page 24  
 
  The Norwegian Industrial Property Office may take in to 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 52 c. A request for an administrative re view cannot be filed be fore the time limit for 
oppositions has expired or while an opposition proce dure or patent limitation proceedings requested 
by a patent holder are pending. The same shall a pply for as long as legal proceedings regarding the 
patent are pending before the courts. If legal proceed ings 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 handlin g of the administrative review until the legal 
proceedings have been finally decided if the admini strative review has been requested by other parties 
than the patent holder. The party requesting an  administrative review  cannot institute legal 
proceedings regarding the patent while administra tive review proceedings are pending before the 
Norwegian Industrial Property Office.  
 A request for an administrative review cannot be f iled by a party who has previously brought legal 
proceedings before the courts regarding the validit y of the patent if the rules on enforceable final 
decisions prevent new legal proceedings regarding th e patent from being brought  before the courts.  
 
Section 52 d. A request for an administrative review  may only be filed on the grounds that the patent 
has been granted in contravention of the requirements in sections 1 and 2, but not on the grounds that the patent has been granted to another party than  the party who is entitled to the invention, cf. 
section 1, first paragraph. If the Norwegian Industr ial Property Office is in doubt about whether the 
patent has been granted in contravention of secti on 1 b, the Norwegian Industrial Property Office shall 
obtain an advisory statement from th e 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 such invalidity cannot be remedied 
through an amendment of the patent. The patent ma y only be maintained in amended form if the 
patent holder agrees with the amendments that th e Norwegian Industrial Property Office intends to 
make. If the patent holder does not agree with the am endments, the patent shall be declared invalid. If 
there is not a basis for meeting the request in full or in part, the Norwegian Industrial Property Office shall reject the request and declare that patent will be maintained.   If the patent is maintained in amended form, th e 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 Prope rty Office shall publish a notice of the decision.  
 
Section 52 e. A decision on a request for an admi nistrative review by the Norwegian Industrial 
Property Office may be appealed against to the Board of Appeals by the party against whom the decision of the Norwegian Industrial Property Offi ce 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 pr escribed 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;   IP/N/1/NOR/P/6  
 Page 25 
 
 
  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 re quirements prescribed by the King by regulation. 
Section 52 b, third paragraph, shall apply correspondingly where applicable.  
 A decision made by the Norwegian Industrial Propert y Office in administrative review proceedings in 
which the patent is declared invalid  or is amended cannot be brought before the courts later than two 
months after notification of the decision was sent to the party against whom the Norwegian Industrial 
Property Office's decision has gone. Information about  the time limit for bringing an action shall be 
provided in the notification. The Norwegian Industrial Property Office's decision to refuse or reject a request for an administrative review ca nnot be brought before the courts.  
 Section 53. If a patent has been granted to so meone 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 fift h paragraphs, for bringing proceedings before the 
court shall apply corres pondingly 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 substantial preparations for such exploitation, be entitled, 
against reasonable compensation and on reasonable c onditions in other respects, to continue the 
exploitation or to start the prepared exploitation wh ilst retaining its general character. Such right shall 
also, on the same conditions, be enjoyed by holde rs of recorded licences. The right may only be 
transferred to others in connection with the ente rprise in which the exploitation takes place or was 
intended to take place.  
 Section 54. If the patent holder renounces the pate nt in a written notice to the Norwegian Industrial 
Property Office, the Norwegian Industrial Prope rty Office shall declare the patent revoked.  
 If legal proceedings for the transfer of a patent have  been brought or if the patent has been distrained, 
the patent shall not be declared revoked until the proceedings are finally settled or the distraint has 
been revoked.   Section 55. When a patent lapses, is invalidated, transf erred, is declared terminated or is maintained in 
amended form, the Norwegian Industrial Property Office shall publish a notice to that effect.  
  Chapter 8. Obligation to Give Information about patents.  
 
Section 56. An applicant for a patent who invokes his application against another party before it has 
been made available to the public shall, upon reque st, be obliged to give that party access to the 
documents of the application. If the application invo lves the deposit of a sample of biological material 
of the microorganism as referred to in section 8a, th e 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 para graphs 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, informa tion concerning the number of the application or of 
the patent, shall be obliged to give such informa tion 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 IP/N/1/NOR/P/6 
Page 26  
 
  liable to create the impression that such is the ca se, 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 57. Anyone who intentionally infringes the exclusive right conferred by a patent (patent 
infringement), or who is an accessory thereto, shall be penalized by fine or imprisonment for a term not exceeding three months.   
Public prosecution shall only take place at the request of the plaintiff.  
 Section 58. Anyone who intentionally or by neglig ence has committed a patent infringement shall be 
liable to pay compensation for the exploitation of the invention, as well as compensation for the further damage caused by the infringement. The comp ensation may be reduced where the infringer is 
guilty of minor blame only.  
 If the infringer has acted with care and in good faith , the court may, to the extent found reasonable, 
order the infringer to pay compensation for the damage caused by the exploitation.   Section 59. In the event of patent infringement , the court may, in order to prevent further 
infringement, when so claimed and insofar as it is  found reasonable, decide that a product protected 
by a patent which has been produced without the cons ent of the patent holder, or an object the use of 
which would involve a patent infringement, be altere d in a specified manner, destroyed, confiscated 
or, where the case relates to an object protected by  a patent, be surrendered to the aggrieved against 
compensation.  
 
The provisions of the first paragraph shall not a pply to a party who has acquired the product in good 
faith and who has not committed patent infringement himself.   Notwithstanding the provisions of the first paragra ph, the court may, upon request and under special 
circumstances, permit, against compensation and on a ppropriate conditions in other respects, disposal 
of the objects protected by the patent for the rest of the term of the patent or during a part of that 
period.   Section 60. Where anyone, after the date on whic h the application documents have been made 
available to the public according to section 22, withou t permission exploits commercially an invention 
for which a patent has been applie d, the provisions concerning 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 protec tion shall only extend to the subject matter disclosed 
both in the patent claims as worded when the app lication 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. Co mpensation for damages resulting from exploitation 
before the grant of the patent may only be impo sed in accordance with section 58, second paragraph.  
 The statutory limit for claims according to this provision shall not start to run until the patent has been granted.   
Section 61. In civil actions concerning patent infringements, an acquittal cannot be based on the 
patent being invalid or the conditions for transfer  being fulfilled (cf. sections 52 and 53) without a 
judgement stating the invalidity or the transfer of the patent. An acquittal may, however, be based on the patent having been revoked or transferred acco rding to section 25 or on the patent having been 
declared invalid according to section 52 d.   IP/N/1/NOR/P/6  
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Notwithstanding the first paragraph, an acquittal ma y be based on the patent  being invalid before 
being limited by patent limitation, pr ovided that the acquittal is not based on the patent as limited also 
being invalid.   
Section 62. Anyone who intentionally or by negligen ce 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.   
Public prosecution shall only take place at  the request of the aggrieved party.  
  
Chapter 9a. Prolonged Term of Protection for Medicinal Products  
 Section 62a. Annex XVII, item 6, to the Agre ement establishing the European Economic Area 
[Council Regulation (EEC) No. 1768/92 concerning the creation of a supplementary protection certificate for medicinal products with adaptations to the EEA Agreement] including the amendments 
and additions provided in Protocol 1 of the Agreem ent and elsewhere in the Agreement shall apply as 
statutory provisions.   
Applications for a supplementary protection certifi cate shall be filed with the Norwegian Industrial 
Property Office. The applicant shall pay the prescribed fee.   In the case of protection certificates, the prescribed fe es shall be paid for every fee year starting after 
the end of the patent term. In other respects the same rules apply to these annual fees as to the annual 
fees for patents.  
 Further provisions concerning applications for protection certificates and the processing and 
examination thereof, concerning the registration of  protection certificates, concerning appeals against 
decisions and concerning the obligation of the applican t or the holder to have a representative in this 
country, etc. shall be laid down by the King.  
 
The penal provisions of sections 57 and 62 shall apply correspondingly to protection certificates.  
 Section 62b EEA Agreement attachment XVII artic le 6a (Regulation (EC) No. 1610/96 of the 
European Parliament and the Council concerning cr eation of a supplementary certificate for plant 
protection products) applies as law with the amendmen ts and additions made by Protocol 1 to the 
agreement and the agreement as a whole.   Section 62a second to fifth para graph applies correspondingly.  
 
 
Chapter 10. Provisions on Legal Proceedings.  
 
Section 63. The following actions shall be brought  before Oslo City Court (Oslo tingrett):  
 1 actions concerning the right to an inventi on for which a patent has been applied;  
2 actions concerning a review of a decision in which the Board of Appeals has refused an 
application for a patent, has revoked a patent or conf irmed a first instance decision to revoke a patent, 
cf. the third paragraph of section 27;  3 actions concerning requests for patent limitati on, cf. the third paragraph of section 39d;  
4 actions concerning invalidation or transfer  of a patent, cf. sections 52 and 53;  IP/N/1/NOR/P/6 
Page 28  
 
  5 actions concerning compulsory licences, cf. sections 50 and 50 a; and  
6 actions concerning requests for an administ rative review, cf. the third paragraph of 
Section 52 e.   Oslo City Court shall be competent to hear actions by patent applicants and pa tent 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 O ffice has made a final decision in proceedings on 
revocation or limitation of the patent or until th e patent may no longer 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 patent 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 w ith written confirmation, that actions shall be brought 
before a Norwegian court of law.  
 Actions concerning the right to be granted a Eur opean patent between an employer and an employee 
for an invention that has been made by the empl oyee shall belong under the jurisdiction of Norwegian 
courts of law if:  
 
a. the employee is primarily employed in Norway, or, if it cannot be ascertained in which state the 
person in question is primarily employed, the empl oyee is attached to a place of business in Norway; 
or  b. the parties have agreed in writing, or orally w ith written confirmation, that  actions shall be brought 
before a Norwegian court of law and such an agr eement 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 empl oyment, it cannot validly be agreed that actions 
mentioned in this paragraph sha ll be brought before a foreign c ourt of law. Actions brought in 
accordance with this paragraph shall be decided on the basis of the applicab le 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 whic h the employee is attached is located.  
 Section 63 c. Actions concerning the right to be gran ted a European patent must be rejected if legal 
proceedings between the same parties concerning th e 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 b een filed against the hearing of the action by the 
court of law or the body before which the legal pr oceedings have been brought abroad, the court shall 
stay the proceedings until a final d ecision has been made on the matter.  
 Section 63 d. A final enforceable decision made in an y 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 in 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 final and binding effect if:    IP/N/1/NOR/P/6  
 Page 29 
 
 
  a. an applicant who is applying for a Europ ean 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 ma de 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 th at this case predates the case that resulted in the 
decision that is demanded accepted.   Section 64. Anyone who brings an action concerning the validity of a patent, concerning the transfer 
of a patent to himself or concerning a compulso ry licence shall simultaneously notify the Norwegian 
Industrial Property Office and, by registered letter,  any licensee recorded in the Register of Patents 
whose address has been indicated in the Register to  that effect. A licensee 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 no tifications as referred to in the first paragraph, 
the court may stipulate a time limit for sending the no tifications. 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 sh all be excluded from the proceedings or a part 
thereof.   Section 66. In the cases referred to in section 63 th e 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 Eu ropean Patent Office in 
accordance with the Convention on th e Grant of European Patents of 5 October 1973 (the European 
Patent Convention). A European patent applica tion is an application for such a patent.  
 A European patent application may be filed with th e European Patent Office or with the Norwegian 
Industrial Property Office, which will forward it to the European Patent Office within a specified time 
limit. An European divisional application shall, how ever, 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 gr anted by the Norwegian Industrial Property Office and 
shall follow the same provisions when the requireme nts in section 66 c, first paragraph, have been 
complied with.  
 A decision from the European Patent Office fully or partially to revoke or limit a European patent 
shall have the same eff ect in Norway as corresponding decisions  made by the Norwegian Industrial 
Property Office. The decision shall take effect alr eady from the date on which the patent application 
was filed. The provisions in sections 39 e and 55 sh all apply correspondingly. In order for a patent 
granted in accordance with a decisi on by the European Patent Office to have effect in Norway in 
amended form, the requirements in section 66 c, firs t paragraph, must also have been complied with. 
 IP/N/1/NOR/P/6 
Page 30  
 
  Section 66 c. In order for a European patent to have  effect in Norway, the patent holder shall, within 
the time limit prescribed by the King, send to the Norwegian Industrial Property Office a Norwegian translation of the text that forms the basis of the decision to grant the patent and pay the prescribed 
fee. The same shall apply if the European Patent  Office decides that a European patent shall be 
maintained in amended form after an opposition pr ocedure or appeal proceedings or through a 
centralised patent limitation. The provisions in sec tion 72, first paragraph, shall apply correspondingly 
to any failure to meet time limits in accordance 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.  
 
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 No rwegian Industrial Propert y Office shall publish a 
notice that the patent is valid in Norway. The sa me 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, st arted exploiting the invention for commercial or 
operational purposes in Norway or has made signifi cant improvements to the invention after the time 
limits stipulated in section 66 c have expired, but be fore notice has been published that the failure to 
meet the time limits will not have any effect, the party in question may, without being prevented by 
the patent, continue the exploitation of the inven tion in same manner. The provision in section 74, 
third paragraph, shall apply correspondingly.   Section 66 e. An annual fee for European patent s shall be payable to the Norwegian Industrial 
Property Office for each year from the year after th e European Patent Office published its decision to 
grant the patent. The provisions in sectio ns 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 wi th 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 European 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 publication in 
accordance with Article 93.  
 Section 66 g. When a European patent applica tion has been published in accordance with the 
European Patent Convention and the applicant h as supplied the Norwegian Industrial Property Office 
with a translation into Norwegian of the patent  claims in their published form, the Norwegian 
Industrial Property Office shall publish a notice here of and make the translation available to the 
public.  
 If anyone commercially or operationally exploits an i nvention 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 sh all apply, except from sections 57 and 58, first 
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 in the published patent claims and in the 
patent claims in the granted patent. If the patent has been revoked or limited by the European Patent  IP/N/1/NOR/P/6  
 Page 31 
 
 
  Office, the protection conferred by the patent shall only extend to what is specified in the published 
amended patent claims.   The limitation period for claims in accordance with  these provisions shall not begin to run until the 
limitation period for the European patent has expire d or the European Patent Office has decided to 
maintain the patent after the conclu sion of the opposition procedure.  
 Section 66 h. If a European patent application is reject ed, 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 statement 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 C onvention, this shall have the same effect as if a 
patent application 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 that 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 proceedings 
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 th e translation in accordance 
with section 66 c to the Norwegian Industrial Pr operty Office and pays the prescribed fee, the 
corrected translation shall apply. The provisions  in section 66 c, second paragraph, shall apply 
correspondingly. The Norwegian Industrial Property Office shall publish a notice that a corrected 
translation has been supplied. If the applicant suppl ies 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 availabl e to the public. The corrected translation shall 
subsequently apply.  
 
If anyone has commenced, in good faith, to expl oit 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 tran slation, or if anyone has made significant 
improvements to the invention, at the time at whic h a corrected translation entered into force, the 
party in question may freely continue a corresponding exploitation of the invention without this being 
prevented by the applicant's or the patent holder's ri ght. The provisions in section 74, third paragraph, 
shall apply correspondingly.   Section 66 k. If the European Patent Office decides that  a failure to meet the time limit for a European 
patent application or a European patent will not ha ve any effect, this decision shall also apply in 
Norway.  
 If anyone has commenced, in good faith, to expl oit the invention for commercial or operational 
purposes in Norway, or has made significant improvement s to the invention, after the failure to meet 
the time limit, but before the Eur opean Patent Office has published its decision that the failure to meet 
the time limit will not have any effect, the part y in question may freely continue a corresponding 
exploitation of the invention without this being prev ented by the patent. The provisions in section 74, 
third paragraph, shall apply correspondingly.   IP/N/1/NOR/P/6 
Page 32  
 
  Section 66 l. If, in the period between the date on wh ich a decision was made by the Board of Appeal 
of the European Patent Office and the date of publi cation of a decision made by the Enlarged Board of 
Appeal of the European Patent Office, anyone h as 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 subj ect-matter of a published Eur opean patent application 
or a published European patent, the party in  question may freely continue a corresponding 
exploitation of the invention without  this being prevented by the pa tent applicant's or the patent 
holder's right. The provisions in section 74, third paragraph, shall apply correspondingly.   Section 66 m. If a European patent application that  has been filed with a national patent office is 
regarded as having been withdrawn because the app lication has not been forwarded to the European 
Patent Office within the stipulated time limit, th e Norwegian Industrial Property Office shall, on 
request from the applicant, regard the application as an application for a patent in Norway if:  
 a. the request has been filed with the national au thority that received the application within three 
months from when the applicant was informed th at the application was regarded as having been 
withdrawn; and  b. the request has been forwarde d 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 b een complied with, the Norwegian Industrial Property 
Office must process the application if, within a time  limit prescribed by the King, the applicant pays 
the prescribed fee and supplies a translation of th e application into Norwegian. If the application 
complies with the formal requirements in the European Patent Convention, the corresponding 
requirements in this Act shall be regarded as having been complied with.   Chapter 11. Miscellaneous Provisions  
 
Section 67. Notifications from the Norwegian Indus trial Property Office to an applicant, patent 
holder, opposing party or a party requiring an ad ministrative review are always considered as 
submitted when sent to the address specified most  recently to the Norwegian Industrial Property 
Office 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 notif ication or an extract thereof, shall be published 
in the Norwegian Patent Journal (Norsk Patenttide nde) with an indication that the document may be 
obtained at the Norwegian Industrial Property Office.  
 May service of process or other procedural notif ications not be submitted at the stated address, 
paragraph 2 applies correspondingly to the Court. In such case, the document shall be considered 
served or notification given four weeks after the pub lication 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 na me and the address of the representative shall be 
recorded in the Register of Patents. This also a pplies 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 provide d for in this Act and the further conditions for 
payment of the fees. He may provide that one or mo re of the earlier fee years shall be exempted from  IP/N/1/NOR/P/6  
 Page 33 
 
 
  fees. On alteration of the annual fees, he may, with in the 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 Register of Patents and for printouts, copies 
and certificates issued by the Norwegian Industrial Property Office. The fees for printouts and copies 
shall be set to a level where the total income does not exceed the actual costs of communicating the 
information, with a reasonable profit added.   Section 69. The King may lay down further provision s concerning patent applications and oppositions 
and the processing thereof, requests for patent limit ation and the processing thereof, the Register of 
Patents, the publication issued by the Norwegian Industrial Property Office, and the implementation 
of this Act in other respects. The journals of the Norwegian I ndustrial Property Office concerning 
filed patent applications shall be  available to the public to the extent provided by the King.  
 The King may provide that the Norwegian Industrial Property Office, at the request of the official 
authorities of another country, should supply in formation concerning the processing of patent 
applications filed in this country, and that novelty searches of patent applications may be carried out 
by a similar authority in another country or by an international institution.   The King may further provide that an applicant w ho has filed a corresponding patent application in 
another country, within a certain time limit from the filing of the application in this country, be 
obliged to submit information that has been comm unicated 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 information sha ll not include patent applications referred to in 
Chapter 3 which have been subjected to internati onal preliminary examination and where a report on 
the result thereof has been submitted to th e Norwegian Industrial Property Office.  
 
Section 70. The King may, when found necessary becau se 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. Comp ensation shall be paid for the assigned right which 
shall be stipulated by official assessment , if no amicable settlement is reached.  
 
If the right to an invention has b een assigned to a party other than the Government in accordance with 
the first paragraph, and if the pa rty concerned has not met his liabilities, the Government shall, at the 
request of the party entitled to compensation, be  obliged to pay the compensation promptly.  
 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 prescrib ed in or pursuant to this Act and who thereby has 
suffered loss of rights shall, upon request, have his ri ghts re-established if he can prove that he or his 
representative has taken all due care which may r easonably be required. Such request must be 
submitted in writing to the Norwegian Industrial Pr operty Office within two months from the removal 
of the cause of non-compliance with the time limit and not later than one year from the expiration of 
the time limit. Within the same time limit the omitte d act must be completed. The prescribed fee shall 
be paid.   The provisions of the first paragraph shall apply correspondingly to a patent holder who has not paid 
the annual fee within 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.  
 IP/N/1/NOR/P/6 
Page 34  
 
  The first paragraph shall not apply to the time limits prescribed in section 6, first paragraph, 
section 27, third paragraph, section 52, fourth and fifth paragraph and secti on 53, second paragraph.  
 The first paragraph, cf. the third paragraph, sh all apply correspondingly to international patent 
applications proceeded with in No rway in the case of failure to comp ly with the time limits of the 
receiving Office, an International Searching Aut hority, 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 busin ess, and the document or fee has been sent to the 
Norwegian Industrial Property Office within five da ys 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 expi ration of the time limit. If the letter was not sent by 
airmail, this provision shall only apply if the sende r 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 which has been made available to the public in accordance 
with section 22 has been shelved or refused or if a pa tent has lapsed and the rights of the applicant are 
re-established according to the provisions of sectio ns 72 or 73, the Norwegian Industrial Property 
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 e xploit the invention commercially in this country in 
good faith, he may, notwithstanding the patent, conti nue the exploitation whils t retaining its general 
character. Such right of exploitation shall also, on similar conditions, be enj oyed by anyone who has 
made substantial preparations to exploit the invention commercially in this country.  
 The right referred to in the second pa ragraph 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 for re-establishment of rights according to sections 72 and 73. The 
applicant or the patent holder may appeal against re fusal of such requests to the Board of Appeals of 
the Norwegian Industrial Property Office. Section 27 shall apply correspondingly concerning the time 
limit for appeal etc., and for the opportunity to bring decisions of the Board of Appeals before the 
courts of law.  
  IP/N/1/NOR/P/6  
 Page 35 
 
 
  Section 76. Entry into Force and Transitional Provisions.  
 1.  This Act shall enter into force on January 1, 1 968. Subject to items 2 to 8 below, the Patents 
Act of July 2, 1910, with later amendments sha ll be repealed simultaneously. However, as regards 
inventions concerning foodstuffs and medicines, a pa tent shall not be granted for the actual product, 
but only for the process for its production, until the King provides otherwise.  
2.  Taking into account the following exceptions, this law also applies to patents which is made 
available to the public or are made available to th e public according to the legislation in force up to 
now.   
 
Section 77. Amendments of other Acts - - -  
 
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