Scandinavia: Patent pledges now registrable

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

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 SHARED ros bottom lb

More from across our site

Deborah Kirk discusses why IP and technology have become central pillars in transactions and explains why clients need practically minded lawyers
IP STARS, Managing IP’s accreditation title, reveals its latest rankings for patent work, including which firms are moving up
Leaders at US law firms explain what attorneys can learn from AI cases involving Meta and Anthropic, and why the outcomes could guide litigation strategies
Attorneys reveal the trademark and copyright trends they’ve noticed within the first half of 2025
Senior leaders at TE Connectivity and Clarivate explain how they see the future of innovation
A new action filed by Nokia against Asus and a landmark ruling on counterfeits by South Africa’s Supreme Court were also among the top talking points
Counsel explain how they’re navigating patent prosecution matters and highlight key takeaways from Federal Circuit cases
A partner who joined Fenwick alongside two others explains what drew her to the firm and her hopes for growth in Boston
The England and Wales High Court has granted Kirkland & Ellis client Samsung interim declaratory relief in its ongoing FRAND dispute with ZTE
A UDRP decision that found in favour of a small business in a domain name dispute could encourage more businesses to take a stand in ‘David v Goliath’ cases
Gift this article