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COUNTRY : KINGDOM OF NORWAY
CAPITAL : OSLO
LANGUAGE : NORWEGIAN
The IPR office of Norway is known as the Norwegian Industrial Property Office Patentstyret, NIPO.
Protection to Inventions is provided at a two tier level in Norway:
- THROUGH NATIONAL REGISTRATION. Direct Filing with the National Patent & Trademark office
- THROUGH EUROPEAN PATENT CONVENTION.
Kindly refer our guide on the European Patent Convention procedures
- Paris Convention for the protection of industrial property
- Patent Co-operation Treaty “PCT”.
- Agreement on Trade Related Aspects of Intellectual Property Rights “TRIPS”.
- European Patent Commission.
- Budapest Treaty On The International Recognition of the Deposit of Micro Organisms For The Purposes of Patent Procedure.
IP LAW IN NORWAY
- Norway legal system is a mixed jurisdiction consisting of Customary law, Civil Law and Common Law traditions.
- Patents in Norway are governed by Norwegian Patents Act as amended by No.80 of June 29 2007.
- Patents in Norway may be granted by the Norwegian Industrial Property Office.
Inventions may relate to products, processes or industrial applications. Patents are therefore granted to inventions that:
- Are New or Novel
- Involve an inventive step
- Comprise of a process or an Industrial application of the invention.
For an Invention to be patentable, it should contain the following:
(i). Novelty: An invention is considered new or novel if it is not included in the state of the art. State of the art consists of all the information available and accessible to the public prior to the date of the patent application.
(ii). Inventive Step: An invention is said to contain an inventive step if for “a man skilled in the art it does not yield results in an obvious way from the state of the art’.
(iii). Industrial Application: of the invention would be “when the object of the invention may be produced, manufactured or used in any kind of industry including agriculture”.
Inventions pertaining to the following:
- Discoveries, Scientific Theories & Mathematical methods.
- Aesthetic creations. • Schemes, Rules, Methods for performing mental acts, playing games, doing business as well as Presentation of Information.
- Programmes for Computers.
- Inventions contrary to public order & morals.
- Methods of treatment on humans and animals.
- Human body at all stages of formation and development.
- Processes for cloning human beings.
- Processes for modifying genetic identity of human sects cells.
- Use of human embryos for industrial, commercial purposes.
- Processes for modifying genetic identity of animals, likely to cause them suffering without any substantive medical benefit to man or animal.
- Plant or Animal varieties or Bio processes for the production of plants or animals.
PartityPatents Law Firms through its associates in Norway is at hand to help you with patent registration and prosecution.
(i). Nationality of the applicant.
(ii). Name & Address of the applicant.
(iii). Description of the invention.
(vii). Title of the invention , Prior state of the art, & the Technical area of the invention.
(viii) A Request for grant of patent
- Once the patent application is filed, the application is scrutinised for defence & atomic energy aspects, along with formal & material aspects.
- Upon receipt, patent application is formally examined.
- Any deficiencies found are to be rectified by the applicant within stipulated period of time else, application deemed abandoned.
- The patent application is examined substantively and published to which, interested third parties may file opposition.
- In the event no objections / opposition forthcoming, application is registered and patent granted.
Post Patent grant by the European Patent Office (EPO), Patent needs to be validated in the member country as designated on the Patent application.
Patent Validation comprises of certain formalities and requirements per national laws of the designated country.
Parity Patent Attorneys and Associate Law Firms in Norway are at hand to help and assist you with Patent Validation.
TERM AND KINDS OF PATENTS GRANTED IN NORWAY:
- Patents with a term of 20 yrs.
- Utility patents with a term of 10 yrs.
- Patents confer on its holders and successors an exclusive right to work the invention.
- Patentee may authorise such uses of the patent through a contractual agreement with interested parties.
- Patentee may authorise the working of the patent either by a manufacturer or by an importer.
- Patentee may even assign or licence the patent.
Upon expiry of 3 yrs. from the date of filing of the petition or 4 yrs. from the date of grant of the petition whichever is longer,
The Norwegian Patent office may grant compulsory licences to an interested party for the following reasons:
- Mainly for the industrial manufacture of the product covered by the patent or, for full use of the patented process, but only if, at the time of the request, the patent had not been exploited in Norway.
- When, prior to applying for it, the proposed user has made efforts to obtain a contractual license from the patent holder on reasonable commercial terms and conditions and that such efforts were not successful within a reasonable period of time.
- The licensee shall exploit the licensed invention within a period of two years following the date the license was granted, unless that licensee is able to give valid reasons for inaction otherwise, at the patent owner’s request, the Norwegian national office shall revoke the compulsory license.
- Following the declaration by Norway in public interest, the existence of an emergency, or national security considerations, and only for so long as those considerations exist, the patent may be subject to compulsory licensing at any time.
- The Norwegian Patent office shall specify the scope or extent of the compulsory license and, in particular, the term for which it is granted, the subject matter of the license, and the amount of remuneration and the conditions for its payment.
- The grant of a compulsory license for reasons of public interest shall not reduce the right of the patent owner to continue exploiting it.
- The Norwegian Patent office may, either ex officio or at the request of a party, and after having obtained the consent of the national antitrust authority, grant compulsory licenses where practices are noted that are detrimental to the exercise of free competition, especially where they constitute an abuse by the patent owner of a dominant position in the market.
- The Norwegian Patent office shall grant a license, upon request by the owner of a patent whose exploitation necessarily requires the use of another patent, and that right holder has been unable to secure a contractual license to the other patent on reasonable commercial terms.
The compulsory license shall, without prejudice to be subject to the following conditions:
a) the invention claimed in the second patent shall involve an important technical advance of considerable economic significance in relation to the invention claimed in the first patent;
b) the license authorized in respect of the first patent shall be non-assignable except with the assignment of the second patent. c) they shall be used predominantly for the supply of the domestic market
ParityPatents along with specialised Patent Lawyers and Patent Attorneys in Norway, can assist you comprehensively with Compulsory Licence matters.