Patents |
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Denmark |
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(Europe)
Firm
Kromann Reumert
Contributors
Kolja Staunstrup |
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Which patent-related international treaty is your country is a member of? | Denmark belongs to the following patent-related international treaties:
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What kinds of protection is available for inventions? | Inventions protections available in Denmark include:
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What kinds of subject matter (as such) are excluded from patent protection? | The following subject matter is excluded from patent protection in Denmark:
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What are the documents and information required for filing a national patent application? | Documents and information required for filing a national patent application in Denmark:
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Is it possible to request early publication or a deferment of publication? | Yes, it is possible to request early publication or deferment of publication in Denmark, if requested by the applicant. Similarly, the publication may be deferred if the decision of grant is made within 18 months after the filing date (or priority date) until the lapse of this period. |
Does the applicant have a provisional right upon the publication of an application? | Yes, the applicant has a provisional right upon publication of an application in Denmark. A provisional application can be filed by the applicant until the point in time when a final decision regarding the patent application has been made. |
When is it possible to file a voluntary amendment to specification? | It is possible to file voluntary amendments in Denmark at the following times:
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Is it required to file a request for substantive examination? | Yes, it is required to file a request for substantive examination in Denmark at the time of filing by paying the filing fee. |
Is there a third-party opposition procedure upon publication or after grant? | Yes, there is a third-party opposition procedure upon publication or after grant in Denmark. |
What is the time period from application to grant for a straightforward application (no office actions or oppositions)? | The time period from application to grant in Denmark is between 1-3 years. |
Is there any process for accelerated examination of application? | Yes, there is a process for accelerated examination of an application in Denmark. The application for the accelerated examination must be submitted in writing. If granted (e.g. due to infringement problems, Patent Prosecution Highway, or licensing negotiations), the first examination will be carried out after three months instead of six months. |
To maintain the validity of patent, is it required to pay an annuity in your country? | Yes, it is required to pay an annuity to maintain the validity of a patent in Denmark. |
Is late payment of annuity permissible? | Yes, late payment of an annuity is permissible in Denmark. If the fee is paid after the due date it will be increased by 20%. Also, it must be paid within six months of the due date. |
What are the available enforcement methods in your country? | Available enforcement methods in Denmark include:
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Are there any peculiarities in the system of protection for a patent in your country, of which it is important for clients to be aware? | None identified. |
Patents
Denmark belongs to the following patent-related international treaties:
- Paris Convention
- Patent Cooperation Treaty ("PCT")
- TRIPS
- Strasbourg Agreement on the International Patent Classification ("IPC") system
- Patent Law Treaty ("PLT")
- Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure
- European Patent Convention ("EPC")
Inventions protections available in Denmark include:
- Utility models
- Other: Patents and protection as trade secrets
The following subject matter is excluded from patent protection in Denmark:
- Computer programs
- Business methods
- Other: Discoveries, scientific theories and mathematical methods, aesthetic creations, schemes, rules, or methods for performing mental acts, playing games and presentation of information.
Documents and information required for filing a national patent application in Denmark:
- Name and address of the applicant(s)
- Name and address of the inventor(s)
- Specification (description, claims and drawings)
- Abstract
- Power of Attorney
- Deed of Assignment
- Other: Power of Attorney and Deed of Assignment is only required if relevant (if the patent is applied for by someone else than the inventor, the applicant's right to the invention must be described in the application. It should also be apparent that the inventor is informed that a patent is being sought for the invention), title of the invention, sequence list (if the application regards or includes sequences of nucleotides or amino acids) and where appropriate information on priority, whether the application is divisional and whether the application includes lodging of a sample of biological material. It is not required that the documents are notarized or legalized. However, it might be requested that a translation is certified.
Yes, it is possible to request early publication or deferment of publication in Denmark, if requested by the applicant. Similarly, the publication may be deferred if the decision of grant is made within 18 months after the filing date (or priority date) until the lapse of this period.
Yes, the applicant has a provisional right upon publication of an application in Denmark. A provisional application can be filed by the applicant until the point in time when a final decision regarding the patent application has been made.
It is possible to file voluntary amendments in Denmark at the following times:
- Other: The applicant may voluntarily amend the specification before the applicant receives the result of the Danish Patent and Trademark Office's first examination. During the examination, an applicant may submit amendments in order to accommodate objections from a case examiner.
Yes, it is required to file a request for substantive examination in Denmark at the time of filing by paying the filing fee.
Yes, there is a third-party opposition procedure upon publication or after grant in Denmark.
The time period from application to grant in Denmark is between 1-3 years.
Yes, there is a process for accelerated examination of an application in Denmark. The application for the accelerated examination must be submitted in writing. If granted (e.g. due to infringement problems, Patent Prosecution Highway, or licensing negotiations), the first examination will be carried out after three months instead of six months.
Yes, it is required to pay an annuity to maintain the validity of a patent in Denmark.
Yes, late payment of an annuity is permissible in Denmark. If the fee is paid after the due date it will be increased by 20%. Also, it must be paid within six months of the due date.
Available enforcement methods in Denmark include:
- Civil enforcement
- Administrative enforcement
- Criminal enforcement
- Border measures
None identified.