Denmark is a sovereign country in Northern Europe bordered to the south by Germany, southwest by Sweden, and south by Norway. Danish Patent and Trademark Office is Denmark’s patent office (DKPTO). In 1970, Denmark acquiesced to WIPO. Denmark is well known for having cutting-edge recycling methods. Denmark is drawing interest worldwide for deploying innovative technology due to its high conversion rate of approximately 70–80% of patent applications being granted. Denmark is one of the most inventive nations in the world because of this.
As amended, the Danish Patent Act, Consolidated Act No. 90 of 29 January 2019, is the primary source of substantive law pertaining to patents and patent litigation (Patent Act).
The original Patent Act was adopted in 1967 based on a thorough review initiated in cooperation with Finland, Norway, and Sweden. The Patent Act is consistent with the following international treaties to which Denmark is a party:
- Patent Cooperation Treaty 1970.
- Act Revising the European Patent Convention 2000.
- European Patent Convention 1973 (EPC).
- Strasbourg Convention on the Unification of Certain Points of Substantive Law on Patents for Inventions 1963.
- WTO Agreement on Trade-Related Aspects of Intellectual Property Rights 1994 (TRIPS).
- WIPO Patent Law Treaty 2000.
- Other relevant EU directives and regulations.
Several executive orders issued under the Patent Act must be considered when dealing with patent issues.
Filing requirements
The patent application is a key document when you want to start the application procedure.
The application consists of the following documents:
- Application form
- Information on the inventor(s), the applicant, and a short title is required
- Description of the invention
- Drawings (optional)
- Claims
- Abstract
A patent application can be submitted at any time. The newness of the invention is one of the primary conditions for a patent. You must keep your idea a secret until the patent application has been submitted.
You must extend your application to additional nations within 12 months after the application filing date.
Novelty grace period
If the disclosure happened as an obvious abuse in regard to the applicant or display at an exhibition covered by the Convention on International Exhibitions, the novelty grace period of six months before the filing date is applicable.
Validity term
After the patent application is filed, a patent is valid for 20 years. The patent term can be 21 years from the priority date if priority is claimed. Annual payments must be paid to maintain the patent.
Utility model
Inventions may also be protected as Utility Models in Denmark, which are subject to formal examination only. Only if a substantive examination is specifically requested before registration by the applicant or after registration by the registrant or any third party upon payment of the examination cost would it be conducted.
Any novel creation capable of industrial application that solves a technical issue and departs from state of art is eligible for a utility model in Denmark. The filing price includes the official grant fee for Danish UM. By paying the first maintenance fee by the end of the second year and the second maintenance fee by the end of the sixth year, the UM is valid for an additional three years from the date of filing, and it may be extended for additional three-year and four-year terms up to ten years.
Also, get in touch with us for trademark registration in Denmark.