Executive Summary

The present report is drafted by a working group composed of members from the patent offices in Denmark, Iceland and Norway. It is a follow-up on the "Feasibility Study on Establishment of a Joint Nordic PCT Authority" which was completed in September 2004 by a working party composed of members from all patent offices in the five Nordic countries.

The Feasibility Study shows that high quality local framework conditions for protection of innovation are essential for the innovative performance of a country, i.e. for economical growth of a country. The present report now offers a proposal on how such framework conditions in the patent field can be obtained in the Nordic countries.

The report comprises a detailed proposal for an enhanced Nordic cooperation in the patent field, including in particular the establishment of a Nordic Patent Institute. Hence, the report deals with tasks covered by the Institute, organisation of the Institute, quality assurance under the Institute and legal instruments for establishing the Institute. Budgetary matters are not part of the present report and are dealt with separately. The parties taking part in the cooperation will initially comprise the patent offices in Denmark, Iceland and Norway, but it is possible and desirable to extend the cooperation at a later stage to other patent offices in the Nordic area.

The Nordic Patent Institute cooperation shall contribute to stimulating Nordic companies, in particular small and medium-sized enterprises, to innovation and economic growth. This shall be achieved by maintaining and developing the national patent offices as competence centres for Industrial Property Rights in the individual countries, capable of offering customised services of a quality and efficiency which is competitive by international standards.

Another objective of the Institute is to contribute positively to the development of a coherent and efficient European patent system based on the European Patent Convention and on cooperation between the European Patent Office and the national patent offices, and to offer Nordic users the best possible platform for taking advantage of such European cooperation. Cooperation under the Institute shall comprise the following services which supplement each other in a synergistic way:
   − PCT applications (search and preliminary examination). The Institute shall therefore seek appointment as an International Authority under the PCT system (Patent Cooperation Treaty).
   − Contract work, i.e. subcontracted work from external patent authorities and largescale search services for private customers.

The Nordic Patent Institute shall act as PCT authority for (presently) Denmark, Iceland and Norway, but applicants will still have the option of using the existing PCT authorities.
In performing its tasks, the Institute will draw, against payment, upon the resources of the national patent offices, and it may therefore be established and operated at very low added costs. It will be financed from fees levied on its services, without any need to increase fees for services offered by the national offices.

The Nordic Patent Institute will require extensive cooperation on quality assurance, including harmonisation of patent practice internally between the participating offices and with the EPO. As a particular consequence, the quality standards for PCT applications will also be applied to national applications.

The Institute will be established by an agreement between the governments. It will have the status of a legal entity (an international organisation) and be seated in Denmark (Taastrup).

 Read the complete report: Proposal for an Enhanced Nordic Cooperation in the Patent Field