PCT NATIONAL PHASE ENTRY
Norway

On January 1, 2008, Norway joined the European Patent Organisation as a member state. The Norwegian Industrial Property Office (NIPO), known as "Patentstyret" in Norwegian, is responsible for managing all administrative facets, both formal and substantive, of the grant procedure in Norway. This encompasses overseeing and processing various elements related to patent applications within the country. As of January 1, 1980, the nation became a signatory to the Patent Cooperation Treaty (PCT).

The major requirements and procedure to file a patent application in this jurisdiction are mentioned below:

The designated period for submitting a patent application in Norway under the framework of the Patent Cooperation Treaty (PCT) is 31 months from the date of priority.

In Norway, patent applications must be in either Norwegian or English. If the international application is in a different official language, it is compulsory to provide the required translation.

In case the 31-month deadline is missed, it's possible to request an extension, with the condition that the request demonstrates due care.  The translation can be submitted within two months after the expiration of the specified time limit, given that an extra fee for the delayed submission of the translation is paid within 30 days from the issuance of the fee payment notice.

The necessary official documents for filing a national phase application encompass:

• Power of Attorney: In cases where a company is designated, a power of attorney is required, even if the representative is an employee acting on behalf of the applicant.
• Assignment Deed: When the applicant of the Norwegian patent application differs from the inventor, it is necessary to furnish a declaration affirming the applicant's right to submit the application. The period for submitting this declaration (Assignment Deed) is three months from the application filing date.
• Verified Translation

The filing fee for the patent application in Norway is Norwegian krone 4650. However, a reduced fee of krone 3800 applies if the applicant qualifies as a natural person or a legal entity with a workforce of 20 permanent employees or fewer. This concession provides a cost benefit to individuals and smaller entities, acknowledging their scale and encouraging their participation in the filing process.

A request for the examination of a Norwegian patent application must be made during the national phase filing. The applications are carefully reviewed to make sure they follow the necessary rules and meet the requirements for getting a patent.

Although fast-track prosecution is only possible at the discretion of the Norwegian Industrial Property Office, a patent applicant has the option to choose the Patent Prosecution Highway (PPH). Based on available statistics, submitting a PPH request in Norway is likely to lead to a notably increased likelihood of quicker prosecution, receiving a positive first office action, and encountering fewer subsequent office actions.

PCT-PPH stands as a noteworthy component within a plethora of collaborative efforts. Numerous bilateral agreements have been forged among patent offices, championing worksharing initiatives. This facilitates patent applicants to seamlessly seek expedited processing during the national phase. Here, patent examiners can leverage the work products from other offices, creating a dynamic exchange that propels the efficiency of the entire patent examination process. This collaboration ensures a harmonious exchange of valuable insights and resources, enhancing the global landscape of patent processing.

• The written assessment provided by the International Searching Authority,
• The opinion furnished by the International Preliminary Examining Authority, or
• The international preliminary examination report under the PCT, contingent upon the fulfillment of certain conditions.

The Norwegian Industrial Property Office holds agreements with:

China (CN): China National Intellectual Property Administration (CNIPA)

The CNIPA and the Norwegian Industrial Property Office (NIPO) have mutually agreed to extend the duration of their Patent Prosecution Highway (PPH) pilot program for an additional five years, extending from April 1, 2023, to March 31, 2028.

To maintain the patent, it is imperative to remit renewal fees for each successive year following the international filing date. The payment for these subsequent renewal fees is due before the close of the month encompassing the anniversary of the international filing date. In the event of delayed payment, an additional fee for late payment is applicable; however, payment can still be made within the extended timeframe, up to the conclusion of the sixth month after the month containing the said anniversary. This framework ensures the continuity of the patent but introduces flexibility for payment, although with the stipulated surcharge, within the specified period.

Patents in the following jurisdiction remain valid for a period of 20 years.

Norway falls under the category of Supplementary Protection Certificate (SPC), it represent an extension of patent rights, constituting a specialized intellectual property provision. This extension is granted to specific pharmaceutical and plant protection products that have received authorization from regulatory authorities. which becomes effective upon the expiration of the underlying patent supporting it. The extension granted is upto 5 years.

The Global Innovation Index (GII) meticulously assesses the innovation capabilities of world economies. Comprising around 80 indicators categorized into innovation inputs and outputs, the GII is designed to comprehensively capture the multi-dimensional aspects of innovation.Norway proudly secures an impressive 22nd rank among the 132 featured economies in the esteemed Global Innovation Index. Within the exclusive high-income group of 48 economies, the country stands out at a notable 21st position. Furthermore, in the dynamic landscape of European economies, this nation claims a commendable 14th position among the 39 nations evaluated.

Norway ranks as the 24th largest economy globally and is a prosperous, non-EU European nation. It is distinguished by a robust welfare system, the world's largest oil sovereign wealth fund, and thriving fishing and forestry sectors. Despite these strengths, Norway encounters challenges such as an aging workforce and budget constraints due to a state-owned energy company.