PATENT

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?

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 1^st january 2008.

The EPO system, where with one patent application only, you 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.