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 2023

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

Firms explain how monitoring, referrals and relationships with foreign firms helped them get more work at the TTAB
Luke Toft explains why he moved back to Fox Rothschild after working in-house at Sleep Number for five months
We provide a rundown of Managing IP’s news and analysis coverage from the week, and review what’s been happening elsewhere in IP
In a seminal ruling, the Beijing Internet Court said images generated by Stable Diffusion counted as original works
Boston-based John Lanza is hoping to work more with life sciences colleagues on the ‘exciting’ application of AI to drug discovery
The Delhi High Court has expressed its willingness to set global licensing terms in the Nokia-Oppo dispute, but it must deal with longstanding problems first
Some patent counsel are still encountering errors even though the USPTO has fully transitioned to the new system
A senior USPTO attorney spoke at a Nokia-sponsored event on the EU’s proposed SEP Regulation today, November 29
IP counsel are ‘flooded’ with queries from clients worried about deepfakes, but the law has so far come up short
Each week Managing IP speaks to a different IP practitioner about their life and career