Norway Information on the filing of Patents, Designs and Trademarks in Norway COMANAS CORP IP Management Service Group
CONTENTS 1. International Arrangements 2. Patent 3. PCT National Phase Entry 4. EP Validation 5. Trademark 6. Design
[International Arrangements] WIPO Convention Paris Convention (Industrial Property) Berne Convention (Literary and Artistic Works) PCT (Patents) Madrid Protocol (International Registration of Marks) Nice Agreement (International Classification of Goods and Services) Rome Convention (Performers, Producers of Phonograms and Broadcasting Organizations) Locarno Agreement (International Classification for Industrial Designs) Strasbourg Agreement (International Patent Classification) Geneva Convention (Unauthorized Duplication of Phonograms) Budapest Treaty (Deposit of Micro-organisms) WTO: Member and Signatory to TRIPS Agreement Member of UCC Member of UPOV
[Patent] Basics Regarding Patentablity of Inventions Inventions may relate to products, processes or industrial applications. Patents are therefore granted to inventions that: i) Are New or Novel ii) Involve an inventive step iii) 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". Patent Requirements: In order to apply and file for a patent in Norway you need to provide Patent Information, and you need to send to the Attorney the Power of Attorney for Mexico and the Assignment Document if required. Direct National Applications 1. Complete specification 2. Drawings (if any) 3. Abstract 4. Certified copy of the priority document (s) 5. Norwegian translation of the specification and priority documents
6. Company s copy of incorporation document with translation 7. Declaration of inventorship 8. Power of attorney 3 months deadline is given to the applicants for filing all formalities in the Patent Office Timeline for filing a conventional application in Norway is 12 months Examination Once the application is filed, the application is scrutinised for defence & atomic energy aspects, along with formal & material aspects. Granting: 20 years
[PCT National Phase Entry] PCT national stage deadline for Norway: - 31 months from the priority date Language: - Norwegian Required contents of the translation for entry into the national phase: - Description, - claims (if amended, as originally filed or as amended, at applicant s option), - any text matter of drawings, - abstract Is a copy of the international application required? - No, where the international application was filed in a language other than Norwegian - Yes, where it was filed in Norwegian Special requirements of the Office: - Name and address of the inventor if they have not been furnished in the Request part of the international application - If someone other than the inventor applies for a patent, the application shall contain a declaration from the applicant stating his right to the invention, or a deed of transfer - Appointment of an agent if the applicant is not resident in Norway Granting: - 20 years
[EP Validation] Terms for patent validation in Norway The period for filing the translation in 3 months after the date on which the mention of the grant or the decision to maintain the patent as amended is published in the European Patent Bulletin. The EP application number and the name and address of the applicant must be submitted with the translation. Otherwise, the translation will be regarded as not having been supplied. The title of the invention in Norwegian must also be supplied with the translation. Conditions for patent validation in Norway Translation Norway has enacted provisions under Article 65(1) EPC and requires a translation of the complete European patent specification if the European patent has not been granted in one of their official languages. For provisional protection: it is required a translation of the complete patent specification, in Norwegian. After grant: a translation of the patent specification into Norwegian must be supplied. The translation shall comprise the title of the invention, patent claims, the description, including any drawings and any sequence listing that are necessary to understand the invention. Otherwise, the translation will be regarded as not having been supplied. Due date is 3 months after the date on which the mention of the grant or the decision to maintain the patent as amended is published in the European Patent Bulletin. Payment of patent validation and national registration fees: There is no special fee to be paid. Effect of the European patent as a national Norwegian patent Under Article 64(1) EPC, a European patent automatically confers on its proprietor from the date on which the mention of the grant is published in the European Patent Bulletin, in each contracting state in respect of which it is granted, the same rights as would be conferred by a national patent granted in
that state. Patent annuities in Norway Due date: last day of the calendar month in which the fee year starts. Earliest possible date for payment: payment may not be made more than 6 months before due date. Period of grace for payment of fees (with surcharge): 6 months from due date.
[Trademark] Filing Requirements: In order to apply for a trademark in Norway you need to provide Information through our Trademark Registration Order Form; you also need to Demonstrate Use and send us a Power of Attorney. 1. Power of attorney 2. For device marks, for word marks, no copies are required 3. List of goods or classes of goods 4. Number, date and nation of priority application if convention priority is claimed 5. Home certificate; only required for applicants residing in countries with the King has not made reciprocal arrangements releasing applicants from obligation to the file this document Examination Once the trademark application is lodged with the NIPO, the IP office then examines the application to ensure that it meets all the requirements and disclaimers as per the trademark act. Upon filing, the trademark application is examined to see that the proposed mark does not conflict with prior registered and pending marks or applications. Once the trademark application is found compliant with all the requisites, it proceeds to the next step. Publication and Opposition The trademark application upon being accepted for registration is published. Once the trademark is published, interested third parties may file their opposition to the registration of the trademark at the NIPO within a stipulated time period from the date of publication. Opposition if any filed, is notified to the applicant and an opportunity given to comment. The application is then processed based on the facts and circumstances therein. Granting: A trademark registration in Norway is valid for 10 years and starts with registration date. Renewal:
The registration is renewable for periods of 10 years.
[Design] Filing Requirements: In order to apply and file for a patent Design in Norway you need to provide Patent Design Information, and you need to send to the Attorney the Power of Attorney for Mexico and the Assignment Document if required. 1. Power of attorney; 2. Declaration as to novelty of the design; 3. Deed of assignment verifying applicant's right to file if is not the creator; 4. One or more pictures (drawings, photos) showing all aspects of the design. 3 sets to be filed; A DESIGN MUST BE NEW: The visual appearance or shape of your product must differ significantly from previously known designs. To register a design, it must be new and not previously made public within the EEA (European Economic Area). Outside the EEA, it must not have been made public within specialist circles relevant to the product. However you may test out your design on the market for up to 12 months before filing an application. Your design is not protected in this period. Examination Upon receipt of the design application, it is numbered and dated and is given a formalities examination. Any defects to be remedied by the applicant within stipulated time. Substantial examination regarding other factors preventing the design from being registered carried out only at the request of the applicant and for a fee. Once accepted for registration, the design registration is published certificate of registration issued. After publication in the Norwegian Design Gazette, any third-party can request a re-examination (administrative review) of the design. A re-examination can be filed during the entire lifetime of the design and can result in full or partial revocation of the design.
Publication and Registration of Design Once the application is filed, the application is scrutinised for defence & atomic energy aspects, along with formal & material aspects. Granting: 15 years
Should you have any questions or wish to apply, please contact us CONTACT INFORMATION : COMANAS CORP 902, Buysan Digitalvally 7 th, 170-13 Grodong, Gurogu, Seoul, Republic of Korea TEL: +82 070 8244 4785 FAX: +82 02 554 3028 Email: ipcomanas@gmail.com SITE : www.comanasip.com Software: www.comanas.com