- How can we assist?
- What is a patent?
- What can be patented?
- Why use patent protection?
- Employee inventions
- Filing Requirements
- Portfolio management
- Related content
- Related people
- Related case studies
How can we assist?
We assist in protecting inventions both at home and abroad, including general advice, patent searches, “Freedom to operate”-searches, drafting patent applications, preparation of response to office actions and preparation and amendment of patent claims. Further, we also assist in conflict handling and opposition proceedings.
In addition, we follow up terms for response and terms for payment of official fees to keep the application and the patent in force.
Our advisors have many years experience in preparing and prosecuting patent applications before the authorities, and many years experience in assessing infringements and watches.
Do you wish to know more? Please contact us!
What is a patent?
A patent is an exclusive right to exploit an invention for a limited period. That means that no other than the patent proprietor can exploit the invention without the patent proprietor’s consent. This exclusive right is defined by the patent claims of the patent.
What can be patented?
One may get a patent for an invention which is a technical innovation. It is not the actual idea, but the idea’s technical solution which may be protected.
You may get a patent for the technical solution if the invention is new and differ substantially from the prior art in the field.
In Norway it is the Norwegian Industrial Property Office (NIPO) that, on the basis of the patent application, assesses if these requirements are fulfilled. A patent application in Norway also gives the right, within a year of the filing date, to file the application abroad, claiming convention priority.
It is also important to be aware of the fact that a patent application must be filed before the idea has been made publicly known. This means that the solution must not previously have been published, sold or presented in i.e. publications, brochures etc. It is the date of the patent application that will be decisive.
For the application and the patent to be in force, a annual fee must be paid to the NIPO.
Why use patent protection?
A patent gives you a time limited exclusive right to exploit the invention commercially, and this gives your company an important scope for development, and a commercial advantage.
A technical invention may be protected to prevent others from using the invention without permission for 20 years.
The company may also license or sell the patent rights to others, and thus achieve interesting possibilities for profit.
For companies and inventors there are large costs involved in developing new products and methods. By patenting the invention, the competitors are prevented from exploiting the results of research and development without the consent of the lawful owner of the patent. Without patent protection, the competitors may copy the invention and sell it substantially cheaper than the inventor would, because the copyist has saved the development costs incurred. Patenting, and the exclusive right given for up to 20 years to exploit the invention commercially, is therefore often of substantial significance for the profitability of developing, research and production of new products.
One who exploits the invention without the patent proprietor’s permission in the country where the patent is granted may be found guilty of patent infringement. Said infringer may be stopped by a court order, punished and deemed to pay damages.
Basically, any inventor has ownership rights to his own invention. But when the invention is made in connection with work, the employer also has rights to the invention.
Employee and employer may themselves come to an agreement about how such inventions should be handled, but in the absence of an agreement it is the “Employees Invention Act” that counts. Disputes that arise in relation to the law may be solved by an official mediation committee.
We would be happy to assist you should you have any questions in relation to employee inventions.
Norway has been a member of the European Patent Organisation since 1st january 2008.
The EPO system - that you with one patent application only, may obtain valid patent rights in 38 countries in Europe. There is a central examination and grant of the application at EPO’s office in Munich. When the application is granted by EPO, the proprietor must choose which of the 38 member countries the EPO patent should be validated in.
Foreign patents may, also in this way, easier be made valid (validated) in Norway. There is an increasing number of patents that are validated in Norway via EPO patents.
1. Minimum requirements to obtain a valid filing date for applications with priority claim:
1.1. Applicant’s name and address.
1.2. Filing date and number of the priority application and/or the international application (WO number).
2. Requirements to complete the filing
2.1. Inventor’s name and address.
2.2. Translation of the specification with claims, abstract and drawings.
2.3. Power of Attorney, signed by applicant, copies being acceptable.
2.4. Deed of Assignment signed by the inventor if the applicant is not identical to the inventor, or Declaration of Right to the Invention signed by the applicant, copies being acceptable.
2.5. Priority document if convention priority is claimed. Notarization of the documents is not necessary, and copies are acceptable.
3. Deadline for national phase PCT applications
3.1. The deadline for filing a national phase PCT application in Norway is 31 months from the priority date, both for national applications after PCT Chapter I and II.
4. Examination fee
4.1. Applicants representing more than 20 employees, are liable for an examination fee.
5. EPC: Norway is from 1 January 2008 a contracting state of EPC.
5.1 Only PCT applications or regional EP applications filed on or after 1 January 2008, designating EP with Norway as a contracting state, can be validated in Norway as an EP patent. 5.2 A complete translation is required for validation of an EP patent. Such translation must be filed within three month from publishing the mention of grant in the European Patent Bulletin, cfr. Art. 35(1) EPC.
An essential part of a company’s assets is related to intellectual property rights. To be able to protect and maintain these assets in the best possible way, it is essential to know what you own and manage the portfolio well.
We keep track of current deadlines, take care of updates, recordals and amendments, as well as collaborate with you on restructuring, consolidating and maintenance of the portfolio.
Together we will make sure that your IP rights cover all aspects of your business. Your portfolio and IP strategy should be the perfect tools to achieve your goals.