Scandinavia: Patent pledges now registrable
Managing IP is part of the Delinian Group, Delinian Limited, 4 Bouverie Street, London, EC4Y 8AX, Registered in England & Wales, Company number 00954730
Copyright © Delinian Limited and its affiliated companies 2024

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Scandinavia: Patent pledges now registrable

On February 8 2012, the Norwegian Department of Justice proposed new legislation regarding the establishment of pledges in IP rights. The bill was introduced by the government in the form of a proposition a year later (Prop 101 L (2013–2014), and sanctioned on January 1 2015, the sanction process taking a lot longer than most IP practitioners had expected.

The new legislation came into force on July 1 2015, and it is now possible to establish a pledge in patents, patent applications and patent licences in Norway, (see the Norwegian Mortgage Act section 4-11). New rules also require that anyone who has rights under a patent must record these to be ensured protection. The priority of the pledge established is the time of pledge registration in the official patent register.

The main purpose of the new freedom to pledge is to make it easier for start-up businesses with no possibility of financing their business in other ways, and other companies that need funds to develop new ideas, to acquire capital by collateral in their patents, patent applications and licences.

It is, however, still not possible to establish a pledge in registered trade marks, registered designs or copyrights. These rights can only be pledged through the establishment of non-possessory pledges on operating accessories (Norwegian Mortgage Act section 3-4).

How to register a pledge?

For collateralisation to be registered in the patent register, a written notice must be submitted, either in paper format or electronically via email or Altinn (the Norwegian public reporting portal). The Patent Office requires documentation in order to register the pledge. A copy of the pledge agreement will, however, normally be sufficient documentation.

The fee for registration of a mortgage is kr500 ($60) for the registration of a mortgage in a patent, a patent application or a patent licence. If several patents, patent applications or patent licences will serve as security for the same claim, the fee is kr100 for each record beyond the first.

Astrup_Kristin-Kjaerheim

Kristin Kjærheim Astrup


ZaccoArne Jacobsens Alle 15DK-2300 Copenhagen S DenmarkTel: +45 39 48 80 00Fax: +45 39 48 80 80contact@zacco.comwww.zacco.com

more from across site and ros bottom lb

More from across our site

The full list of finalists has been revealed and the winners will be presented on June 20 at the Metropolitan Club in New York
A team of IP and media law specialists has joined from SK Schwarz alongside a former counsel at Sky
The Irish government has delayed a planned referendum on whether Ireland should join the Unified Patent Court, prompting concern about when a vote may take place
With more than 250 winners recognised during the ceremony, there are many reasons to be positive about the health of the IP industry in EMEA
Practitioners say the USPTO’s latest guidance has some helpful clarifications and is a good reminder of the importance of checking AI outputs
Susanne Schmidt discusses why trademarks are more than 'just a name' and why she would choose green farming as an alternative career
The former head of life sciences at Kramer Levin has joined Orrick, a firm that hopes to grow in the sector
Lionel Martin of August Debouzy and Kristof Neefs at Inteo share how they prevailed in a UPC Court of Appeal case surrounding access to documents
Counsel say ‘strange’ results have increased their reliance on subscription-based search platforms, but costs are not being shifted onto clients yet
The firm was among multiple winners at a record-breaking 2024 ceremony held in London on April 11
Gift this article