In 2017 the Ministry of Justice issued a consultation memorandum regarding various changes to the IP laws. Among the proposed changes was the new rule regarding reversal of the burden of proof if an allegedly infringed patent is for a process used to obtain a product. Although the ultimate fate of this proposal remains to be seen, it is likely that when enforcing such a patent in future, defendants will bear the burden of proof to show that the patented process is not being used.
Appeals of Norwegian Patent Office (NIPO) decisions used to be handled by a separate NIPO appeals division. However, in 2013 the Board of Appeal for Industrial Property Rights (KFIR) replaced this division. The motivation for this change was to increase legal certainty through independent review and efficient, trustworthy and user-friendly prosecution of appeals. Now that the KFIR has been active for four years, it is timely to take a closer look at the extent to which these purposes are being fulfilled.
One risk of doing business, particularly for innovative technology companies, is the possible existence of conflicting third-party rights. At the very least, a patent infringement lawsuit can create uncertainty with respect to a company's ability to perform, while the worst case scenario includes injunctions, damages and possible bankruptcy. While numerous options for handling a threat of this kind exist in Norway, going directly to the courts may be particularly advantageous.
Patents and information security have always been connected and, as such, a company cannot have a well-implemented IP rights strategy if it does not consider information security. By approaching information security as a tool to protect intellectual property, companies are better placed to implement the correct measures and contingency plans and secure and extract value from their intellectual property more efficiently.
While fast-track prosecution is available only at the initiative and discretion of the Norwegian Industrial Property Office, a patent applicant can opt to avail of the Patent Prosecution Highway (PPH). The available statistics suggest that filing a PPH request in Norway will likely result in a significantly higher chance of faster prosecution, a favourable first office action and a reduced number of office actions.