International PCT-applications for national protection in Norway and the Norwegian membership of the EPC

2008.11.13

Norway became a member of the European Patent Convention on January 1, 2008. When filing a PCT application for national patent protection in Norway it is important to notice that filing an EPO application will not cover Norway, unless the PCT application has been filed after January 1, 2008.

We refer to EPO’s Guide for Applicants, item 158 where it is stated that “since all EPC contracting states are PCT member states, the EPO can in principle act as a designated Office for any EPC contracting state, provided the international application was filed on or after the date on which the EPC entered into force for the state concerned."

PCT applications with an international filing date before January 1, 2008, must therefore be filed as a national patent application in Norway if patent protection shall be obtained here.

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