First factual statement from the Norwegian Industrial Property Office - What now?

The first substantive statement from the Norwegian Industrial Property Office is often the most important point in a patent application.

 

Here you will receive the Norwegian Patent Office's initial assessment of your invention – whether the technology is new, whether it involves an inventive step, and whether the patent claims provide a basis for a patent.

 

For many applicants, this feedback comes as a surprise. But handled correctly, it can be the key to securing a strong patent.

 

Equip helps you understand the assessment and find the best way forward.

 

The application is assessed as it was submitted.

The Norwegian Industrial Property Office assesses the patent application based on the technology described in the application as submitted.

 

This means that both the description of the invention and the formulation of the patent claims are crucial to the outcome. At the same time, the conditions for a patent – such as novelty, inventive step and industrial applicability – must be met.

 

Once submitted, there is very limited room for changes. New technical information cannot be added later, and adjustments must be clearly supported in the original application.

 

We see this particularly in applications written with the help of AI. They may have a good structure, but sometimes lack the technical details needed to obtain a patent.

 

With the right strategy, however, much can be saved.

 

A common misconception

Many people believe that a negative review can be resolved by explaining the invention better in a response letter.

 

Unfortunately, it is rarely that simple. Because new information cannot be added, the argument must be based on what is already in the application.

 

The opportunity therefore lies in using the existing material correctly – and adjusting the patent claims strategically within the framework of the application.

 

Experience is crucial here. Small adjustments can in many cases be enough to turn things around.

 

Strategic choices after the factual statement

When the first reality check comes, you have to make some important strategic choices.

 

Common options are to:

• continue the application within the existing framework

 

• limit the patent claims to meet the Danish Patent Office's objections

 

• withdraw the application and consider a new submission

 

• end the application

 

All patent applications are normally published after 18 months. If the application provides weak protection, competitors may gain insight into the technology without you being left with equivalent protection.

 

Therefore, the assessments after the initial substantive examination are often crucial to the value of the patent.

 

Equip helps you choose the right strategy – so that your invention gets the protection it deserves.