Transfer of IP rights in Norway

A patent can be assigned by legal transaction, court order, will, succession, extinction and by creditor seizure.

The assignment must not be recorded to become effective between the parties. However, registration in the Norwegian Industrial Property Office’s (NIPO patent register is necessary to ensure legal protection against third parties, and the NIPO will address any inquiries regarding the registered patent to the person or entity listed as owner in the register.

The request should be filed using the online form provided by the NIPO. The request must also be supported by documentation of the transfer agreement. Any missing documentation will be requested by the NIPO before the assignment is recorded in the register. An inquiry to the NIPO must always state the application number or rights number for the registration in question, and which subject area (patent, design or trademark) it refers to.

When notification of an assignment is given, the representative of the former owner is not automatically transferred. If the assignee wishes to have a representative, a power of attorney for the new representative must also be submitted.

2.1 Are original supporting documents essential or are copies sufficient?

Submission of a copy is sufficient. Documents received by NIPO will be destroyed one year after they have been received and scanned into NIPO’s electronic system.

2.2 Are there any legalization and/or notarization and/or translation requirements?

There are no general requirements for legalization and/or notarizations. Notifications can be sent in Norwegian, Swedish, Danish or English.

2.3 Is there a must to use a specific form?

It is preferred that the request is made through the form provided by the NIPO. However, the Office will also accept requests in other written forms, such as email or post, as long as all of the necessary information and documentation is included. 

Recording in the patent register only has a declarative effect, thus there is no requirement for registration for the assignment to be valid, for example between the parties. However, registration with the NIPO is necessary to ensure legal protection against conflicting rights. This conflict rule in the Norwegian Patents Act only applies to rights that were established after 1 July 2015. However, for conflicts between voluntarily transferred patents, such as assignment, the conflict rules were also the same before 1 July 2015. Thus, failing to record the assignment may entail a risk of extinction in the event of a third-party conflict.

Also, lawsuits relating to a patent can always be brought against the person or entity listed in the register as the owner of the patent.

No, but the documentation submitted must show that all proprietors have consented to the assignment.

No, this is optional.

Notification of a patent assignment to the NIPO is free.

Patents can be licensed on basis of agreement, both exclusively and non-exclusively. It is not required to record the licence in the patent register for it to become effective between the licensee and the licensor. However, registration in NIPOs patent register is necessary to ensure legal protection against conflicting rights.

In some statutory cases and under certain conditions, a compulsory licence can be issued.

The request should be filed using the online form provided by the NIPO. The request must also be supported by documentation of the licence agreement. Any missing documentation will be requested by the NIPO before the licence is recorded in the register. An inquiry to the NIPO must always state the application number or rights number for the registration in question, and which subject area (patent, design or trademark) it refers to.

8.1 Are original supporting documents essential or are copies sufficient?

Copies are both sufficient and recommended, as documents are destroyed one year after they have been received and scanned into NIPO’s electronic system.

8.2 Are there any legalization and/or notarization and/or translation requirements?

There are no general requirements for legalization and/or notarizations. Notifications can be sent in Norwegian, Swedish, Danish or English.

8.3 Is there a must to use a specific form?

It is highly recommended that the request is made through the form provided by the NIPO, as it is uncertain whether the inquiry will be accepted if made in another form.

The record in the patent register only has a declarative effect, thus there is no requirement for registration for the licence to be valid. However, registration with the NIPO is necessary to ensure legal protection against conflicting rights in the same patent. This conflict rule in the Norwegian Patents Act only applies to rights that were established after 1 July 2015. However, for conflicts between voluntarily transferred patents, such as a licence, the conflict rules were also the same before 1 July 2015. Thus, failing to record the licence may entail a risk of extinction in the event of a conflict.

No, this is optional.

Notification of a patent licence to the NIPO is free.

Yes, it is possible to pledge a patent. It is not required to record such pledge, but record is necessary to ensure legal protection against conflicting rights.

According to the Norwegian Trademark Act, a trademark will be transferred together with a business being transferred, unless otherwise agreed between the parties. A trademark can also be assigned by agreement – either with or without the business to which it is linked. Further, a trademark can be transferred by court order, will, extinction and by creditor seizure.

The request should be filed using the online form provided by the NIPO. The request must also be supported by documentation of the transfer agreement. Any missing documentation will be requested by the NIPO before the assignment is recorded in the register. An inquiry to the NIPO must always state the application number or rights number for the registration in question, and which subject area (patent, design or trademark) it refers to.

When notification of an assignment is given, the representative of the former owner is not automatically transferred. If the assignee wishes to have a representative, a power of attorney for the new representative must also be submitted.

2.1 Are original supporting documents essential or are copies sufficient? 

Copies are both sufficient and recommended, as documents are destroyed one year after they have been received and scanned into NIPO’s electronic system.

2.2 Are there any legalization and/or notarization and/or translation requirements?

There are no general requirements for legalization and/or notarizations. Notifications can be sent in Norwegian, Swedish, Danish or English.

2.3 Is there a must to use a specific form?

It is preferred that the request is made through the form provided by the NIPO. However, the Office will also accept requests in other written forms, such as email or post, as long as all of the necessary information and documentation is included.

The record in the trademark register only has a declarative effect, thus there is no requirement for registration for the assignment to be valid. However, registration with the NIPO is necessary to ensure legal protection against third parties with conflicting rights in the same trademark. This conflict rule in the Norwegian Trademark Act only applies to rights that were established after 1 March 2023. For rights that were established before this, the earlier rule applies, which states that the mark with the earliest legal basis shall, as a general rule, have priority. Thus, for rights established before 1 March 2023, it is the establishment of the right itself that will be decisive in a conflict situation.

Also, lawsuits relating to a registered trademark can always be brought against the person or entity listed in the register as the owner of the trademark.

No, but the documentation must show that all proprietors have consented to the assignment.

No, but the documentation must contain sufficient information about what part is being assigned.

No, this is optional.

Notification of a trademark assignment to the NIPO is free.

A trademark can be the subject of both exclusive or non-exclusive licences, and licensed for all or part of the goods or services for which it is registered, and for all or part of Norway. 

The request should be filed using the online form provided by the NIPO. The request must also be supported by documentation of the license agreement. Any missing documentation will be requested by the NIPO before the licence is recorded in the register. An inquiry to the NIPO must always state the application number or rights number for the registration in question, and which subject area (patent, design or trademark) it refers to.

9.1 Are original supporting documents essential or are copies sufficient? 

Copies are both sufficient and recommended, as documents are destroyed one year after they have been received and scanned into NIPO’s electronic system.

9.2 Are there any legalization and/or notarization and/or translation requirements?

There are no general requirements for legalization and/or notarizations. Notifications can be sent in Norwegian, Swedish, Danish or English.

9.3 Is there a must to use a specific form?

It is highly preferred that the request is made through the form provided by the NIPO, as it is uncertain whether the inquiry will be accepted if made in another form.

The record in the trademark register only has a declarative effect, thus there is no requirement for registration for the licence to be valid between the parties. However, registration with the NIPO is necessary to ensure legal protection against third parties conflicting rights in the same trademark. This conflict rule in the Norwegian Trademark Act only applies to rights that were established after 1 March 2023. For rights that were established before this, the earlier rule applies, which states that the mark with the earliest legal basis shall, as a general rule, have priority. Thus, for rights established before 1 March 2023, it is the establishment of the right itself that will be decisive in a conflict situation. 

No, but the documentation must contain sufficient information about what part is being licensed. 

No, this is optional.

Notification of a trademark licence to the NIPO is free.

Yes, both the right to the trademark and a transferable contractual licence to the trademark can be pledged. The pledge must be recorded in order to have legal protection against third parties conflicting rights in the same trademark, but record is not required for the pledge to be valid.