Once you have decided in which countries you want to apply for patent protection, you may either:
Some important factors
So as not to waste time and money applying for patent protection in other countries for an invention, which may not to be patentable, it is worthwhile filing an initial application to the Patent Office here in Norway. After about 7 months you will receive a Written Technical Opinion from the Norwegian Patent Office regarding the patentability of your invention. Since the Patent Office strives to harmonize its examination methods with the most important European industrial countries, this Opinion should provide a sound indication of the likely results in other countries.
If you need an urgent evaluation of your invention, you may order a preliminary examination. You will receive an indication as to the patentablility of your invention within 10 days.Read more about the Preliminary Search Service.
In order to receive priority, it is important to file your foreign application within 12 months of the date of filing the original Norwegian application.
International patent applications (PCT)
The Patent Cooperation Treaty (PCT) is a worldwide agreement, simplifying the filing and processing of patent applications. Approximately 123 countries, including most industrial countries, are party to the treaty. List of PCT contracting states.PCT information on WIPO's web site.
An international application may be submitted to the Norwegian Patent Office. The application form must be completed in English, but the description and claims may be written in either Norwegian or English.
Once your application has been forwarded to the country designated, the examination procedure is usually the same as for national applications. If your patent is granted, it will have the status of an ordinary national patent.
There is no such thing as a "world patent".
There is no central authority, which can grant a world-wide patent.
For more information, please contact The Norwegian Patent Office Information Centre
European Patent Convention (EPC)
The European Patent Office (EPO) processes European patent applications on the basis of regulations set down in the European Patent Convention (EPC). The EPO is located in Munich, Germany.
Norway will become a member of the EPC from 1st January 2008. Norwegian applicants will then be able to apply for a European patent which also includes Norway. In the meantime Norwegian applicants may still apply for a European patent and patent protection in EPC-member countries. 32 countries are currently party to the EPC.
Applications for a European patent should be sent directly to the European Patent Office (EPO) or to a patent office in one of the contracting states.
Your application will be processed centrally at EPO in Munich, and if a patent is granted it is valid for those countries designated in the application. A European patent provides the same protection as a national patent processed by national patent authorities, provided that the patent is translated into the language of that country.
Using both agreements
The European Patent Office is also party to the Patent Convention Treaty (PCT).
When filing a PCT application you may therefore designate the EPO in the same way as other countries party to the PCT. The application is then valid for all countries which are members of the European Patent Convention (EPC).
More information on EPO's web site.
What does it cost to apply for a patent outside Norway?
The cost of applying for a patent outside Norway varies greatly depending on the country in which the patent is being applied for, the application procedures involved, the scope of the application, formal and material errors in the application, etc.
Costs consist mainly of application fees to each country, and depend on which system you use when filing an application. Other expenses include the services of patent agents/attorneys in each country and for translating the patent or patent application. Total expenses may increase substantially if problems arise during the examination process in a particular country, as this will prolong the time taken to process the application and increase the need for help from a patent agent.
Applying for patent protection in several countries can be an expensive affair, so you would be advised to evaluate the potential of your invention before you begin the process.
You will find below the estimated costs for filing a patent application. These estimates are only intended as a guide and are likely to vary considerably. Additional costs are likely for translation and consultants fees. For more specific details, please contact the Norwegian Patent Office or a professional patent agent.
Filing expenses:
After a patent has been granted
When a patent has been granted, annual maintenance fees must be paid to keep the patent in force. Annual fees vary according to country. In Norway, the annual fee is NOK 550 per year for the first three years, increasing gradually to NOK 5900 for the twentieth year.
Seek professional assistance
Professional assistance should be sought for planning, drafting and carrying out patent applications in Norway and abroad.
A list of professional patent agents can be found in the Norwegian Yellow Pages (These pages are in Norwegian only - the keyword is "patentbyråer").
For more information contact the Norwegian Patent Office Information Centre, tel +47 22 38 73 33.