Guide for Danish Patent Application Process

Patent Trademark

Denmark Profile

Denmark, together with the two constituent countries of the Kingdom of Denmark, the Faroe Islands and Greenland, is the northernmost country in the world. Because Denmark, Norway and Sweden have similar languages, cultures and histories, they are collectively called Scandinavian countries. Denmark is a member state oRead more

Denmark Profile

Denmark, together with the two constituent countries of the Kingdom of Denmark, the Faroe Islands and Greenland, is the northernmost country in the world. Because Denmark, Norway and Sweden have similar languages, cultures and histories, they are collectively called Scandinavian countries. Denmark is a member state of the European Union with a highly developed economy and a typical welfare state with a very small gap between the rich and the poor, making it a highly developed country in the world. Denmark is also one of the founding members of NATO.

Danish Intellectual Property Legal System

  • "Consolidated Patent Law"
  • "Consolidated Utility Model Law"
  • "Consolidated Design Law"
  • "Consolidated Trademark Law"
  • "Consolidated Collective Trademark Law"
  • "Semiconductor Product Terrain Design Protection Act"
  • Bound Book of Copyright Law
  • "Plant New Variety Protection Law Consolidated Version"

International Organizations and International Agreements

  • Beijing Treaty on Audiovisual Performances
  • Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled
  • Vienna Agreement Establishing an International Classification of the Figurative Elements of Marks
  • WIPO Copyright Treaty
  • WIPO Performances and Phonograms Treaty
  • Singapore Trademark Law Treaty
  • Hague Agreement on the International Deposit of Industrial Designs
  • Patent Law Treaty
  • Trademark Law Treaty
  • Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks
  • Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure
  • "Patent Cooperation Treaty PCT"
  • Convention for the Protection of Producers of Phonograms against Unauthorized Duplication of Their Phonograms
  • The Strasbourg Agreement on the International Patent Classification
  • Locarno Agreement on the International Classification of Industrial Designs
  • "Convention Establishing the World Intellectual Property Organization"
  • Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations
  • Nice Agreement on the International Classification of Goods and Services for the Purposes of the Registration of Marks
  • Berne Convention for the Protection of Literary and Artistic Works
  • Paris Convention for the Protection of Industrial Property
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Filing Language
Danish

申请流程 Application Process Flow

发明专利申请流程 Invention

Name of Patent Office

Danish Patent and Trademark Office

English: Danish Patent And Trademark Office, DKPTO

Website: Frontpage (dkpto.org)

Danish invention patent search: PVSOnline - Patent & Varemærkestyrelsen (dkpto.dk)

Filing Language: Danish/English

via Paris Conventionvia Nationalization of PCT

Necessary documents:

  1. Abstract
  2. Abstract Drawing
  3. Claim
  4. Specification
  5. Drawing

Necessary documents:

  1. Abstract
  2. Abstract Drawing
  3. Claim
  4. Specification
  5. Drawing

Attachments (if any)

  1. Sequence Listing (PDF format and TXT format)
  2. Deposited Receipt of Microorganism and Danish/English Translation
  3. Viability Statement of Microorganism and Danish/English Translation
  4. Scanned Copy of Certified Priority Document / DAS
  5. Declaration of Ownership/Certification of Employment/Assignment of Priority
  6. Assignment for Patent Right Transfer
  7. Notification issued by CNIPA notify the applicant the application has passed through the security review

Attachments (if any)

  1. WIPO Publication
  2. ISR/IPRP
  3. Amendments under Art. 19/34/28/41 at the time of the national phase entry
  4. Sequence Listing (PDF format and TXT format)
  5. Deposited Receipt of Microorganism and Danish/English Translation
  6. Viability Statement of Microorganism and Danish/English Translation
  7. Declaration of Ownership/Certification of Employment/Assignment of Priority

  8. Assignment for Patent Right Transfer

     

20 years

  • via Paris Convention : 12 months from earliest priority date.
  • via Nationalization of PCT : 31 months from earliest priority date.
  • via Validation of European Patent in EPO member states: within 3 months from the date of grant of the European patent.

DKPTO conducts formality examination and substantive examination of invention patent applications. Danish patent applications can be filed and examined in English, but when the patent is granted, the claims need to be translated into Danish. The substantive examination starts automatically, no need for the applicant to file a request for substantive examination separately. DKPOT will conduct novelty search and patentability examination, and the applicant will receive the first search report within 6 to 7 months from the filing date. The patent application will be granted in about 1-3 years.

Within 12 months prior to the filing date/priority date.

1-3 years

  • Grant fee: The applicant shall pay the grant fee within 2 months after receiving the grant notice.
  • Annuity: The 1st-3rd maintenance fees should be paid by the end of the 2nd year of the patent application. If the annual fee is overdue, it can be paid within a grace period of 6 months, and 20% of the annuity of the current year is required to be paid as a penalty.

Yes. Patent Office accepts "due care" requests for restoration of the right of priority

Yes

Name of Patent Office

Danish Patent and Trademark Office

English: Danish Patent And Trademark Office, DKPTO

Website: Frontpage (dkpto.org)

Danish Utility Model Patent Search: PVSOnline - Patent & Varemærkestyrelsen (dkpto.dk)

Filing Language: Danish/English

via Paris Conventionvia Nationalization of PCT

Necessary documents:

  1. Abstract
  2. Abstract Drawing
  3. Claim
  4. Specification
  5. Drawing

Necessary documents:

  1. Abstract
  2. Abstract Drawing
  3. Claim
  4. Specification
  5. Drawing

Attachments (if any)

  1. Scanned Copy of Certified Priority Document / DAS
  2. Declaration of Ownership/Certification of Employment/Assignment of Priority
  3. Assignment for Patent Right Transfer
  4. Notification issued by CNIPA notify the applicant the application has passed through the security review.

Attachments (if any)

  1. WIPO Publication
  2. ISR/IPRP
  3. Amendments under Art. 19/34/28/41 at the time of the national phase entry
  4. Declaration of Ownership/Certification of Employment/Assignment of Priority
  5. Assignment for Patent Right Transfer

10 years

  • via Paris Convention: 12 months from earliest priority date.
  • via Nationalization of PCT: 31 months from earliest priority date.

DKPTO conducts only formality examination for utility model applications. The applicant can be filed in a foreign language, but the Danish translation must be completed within 1 month from the filing date. The applicant/anyone can file a request for examination during the validity period of the patent, and DKPTO will conduct substantive examination after paying the prescribed fee. Method Claim are not allowed.

Within 12 months of the filing date/priority date.

  • Grant Fee: None.
  • Annuity: You can pay the annuity for the 1st-5th year at the end of the second year of the validity period, and pay the 6th-10th annuity at the end of the 6th year.  If the annual fee is overdue, it can be paid within a grace period of 6 months, and 20% of the annuity of the current year is required to be paid as a penalty.

15 months

Yes. Patent Office accepts "due care" requests for restoration of the right of priority.

Yes

Name of Patent Office

Danish Patent and Trademark Office

English: Danish Patent And Trademark Office, DKPTO

Website: Frontpage (dkpto.org)

Danish Design Patent Search: PVSOnline - Patent & Varemærkestyrelsen (dkpto.dk)

Filing Language: Danish/English

Necessary documents:

  1. Pictures/Photos of Design (6-sided views)
  2. A Brief Description

Attachments (if any):

  1. Certified Priority Document
  2. Declaration of Ownership/Certification of Employment/Assignment of Priority
  3. Assignment for Patent Right Transfer

The total term of a design patent validity in Denmark is 25 years, provided it is renewed every five years. For spare parts, the term of validity is 15 years.

  • via Paris Convention : 6 months from earliest priority date.
  • via EU Community Design: 6 months from the earliest priority date.
  • via Hague System: 6 months from earliest priority date.

DKPTO conducts only formality examination for design applications.

Within 12 months before the filing date/priority date.

  • Grant Fee: None.
  • Annuity: The filing fees includes the annuity for the first 5 years. The 2nd annuity must be paid within 5 years from the filing date.

4 weeks

No

Design application in Denmark may cover several designs provided they belong to the same class of the Locarno classification.

发明专利、实用新型及外观设计进入国家申请流程
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