Overview of the legal framework

Norway’s IP legal framework is based on national legislation and international treaties, and mainly includes:

• Patent Act (Patentsloven)

• Trademarks Act (Varemerkeloven)

• Designs Act (Designloven)

• Copyright Act (Åndsverkloven)

• Trade Secrets Act

The competent authority is the Norwegian Industrial Property Office (NIPO / Patentstyret), which is under the Ministry of Trade, Industry and Fisheries.
Norway is a member of WIPO, the PCT, the Madrid system, the Hague Agreement, the Paris Convention and TRIPS,
and is also a contracting state of the EPO.

International cooperation and alignment

• Although not an EU member state, Norway is a contracting state of the EPO;

• Trademark and design protection can obtain international coverage via the Madrid system and the Hague system;

• Examination cooperation (PPH) has been established with USPTO, JPO and CNIPA;

• IP appeals and disputes are handled by KFIR (Klagenemnda for Industrielle Rettigheter);

• The fully digital NIPO eServices platform supports all procedures.

Trademark system

Filing routes

• National applications can be filed directly with NIPO;

• Or by designating Norway via the Madrid Protocol;

• EU trade marks (EUTM) have no effect in Norway, but protection can be obtained indirectly through the Madrid system.

Classification standard

• Applies the Nice Classification;

• Both single-class and multi-class applications are accepted.

Examination procedure

• Formality examination: about 1–2 months;

• Substantive examination: about 6–9 months;

• Opposition period: 3 months from the date of publication.

Use and renewal

• Registration term: 10 years, renewable indefinitely;

• If unused for a continuous period of 5 years, the mark may be revoked.

Examination features

• Examination languages: Norwegian or English;

• Focus areas include distinctiveness and likelihood of confusion;

• NIPO conducts certain prior-rights searches;

• Applications and oppositions can both be handled via the Altinn/NIPO ePortal.

Patent system

Types of protection and term

• Invention patents (Patent): 20 years from the filing date;

• No separate utility model system exists in Norway.

Examination system

• Substantive examination system;

• Average examination period: 24–36 months;

• Examination languages may be Norwegian, English or Danish.

International routes

• Norway is a PCT contracting state, allowing entry into the national phase via PCT applications;

• It is also an EPO contracting state, and a European patent can be validated in Norway after grant;

• Supports Patent Prosecution Highway (PPH) fast-track procedures.

System features

• Applies the first-to-file principle;

• Divisionals and priority claims are permitted;

• Annual renewal fees are payable after grant;

• Post-grant disputes are handled by the Norwegian IP Appeals Board (KFIR).

Design protection

Legal basis

• Designs Act (Designloven).

Scope of protection

• The product’s appearance, lines, shape, colours and decorative features;

• Applies to industrial and handicraft designs, including digital graphics and icons.

Term of protection

• Initial term of 5 years, renewable four times, up to a maximum of 25 years.

Examination procedure

• Examination period: about 1–3 months;

• Only formality examination is conducted; creativity is not assessed;

• Examination languages: Norwegian or English.

System features

• A single registration is valid throughout the country;

• Multiple designs may be combined in one application;

• International design protection is available via the Hague Agreement;

• The official search system is Designs Search – NIPO.