Examination in the PTO & Norwegian patentability requirements

All Norwegian patent applications are examined, and the patentability requirements are as follows:

Novelty: the invention must be new in relation to what was public knowledge before the filing date of the application. The novelty requirement is absolute, including prior use anywhere in the world. An earlier Norwegian patent application made public after the filing, constitutes a novelty bar. In order to avoid double patenting, a "reasonable technical difference" is however required to fulfil the novelty requirement.

Inventive step: the invention must differ substantially from what was public knowledge before the filing date of the application. An earlier Norwegian patent application made public after the filing, will not be considered in the test for inventive step. Generally, the problem-solution approach used in the European Patent Office, is applied.

Industrial applicability: the invention must be industrially applicable, but the interpretation thereof is broad and includes agriculture, forestry, gardening and mining. Methods for surgical or therapeutic treatment or diagnostic methods, practiced on humans or animals, are not regarded as industrially applicable and are not patentable. In most cases, such inventions can be covered by Swiss-type claims.

Other exemptions from patentability in Norway include plant or animal varieties, discoveries, scientific theories, mathematical methods, aesthetic creations, schemes, rules or methods for performing mental acts, playing games or doing business, computer programs (not entirely exempt), presentations of information, and inventions for which the use will be contrary to public moral and order.

The first Official Action is issued after 6-8 months for first filings, and after 1-6 years for other filings.