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WIPO - PCT Applicant's Guide DK - Denmark
Danish Patent and Trademark Office

Useful information

The PCT Applicant’s Guide is updated almost every week with information received by the International Bureau.
In case of question, please contact the Office or the International Bureau (pct.guide@wipo.int).
List of abbreviations used in this document:
Office: Danish Patent and Trademark Office
DPL: Patents Act (Denmark)
DPO: Patents Order (Denmark)
DUL: Utility Models Act (Denmark)
DUO: Utility Models Order (Denmark)
List of currencies used in this document:
DKK (Danish krone)
Countries and Offices information:
The list of acronyms used for Offices is no longer shown as it has been integrated in the mouseover functionality for each ST.3 code shown in this document.
Refer to List of WIPO Standards, Recommendations and Guidelines formerly Annex K, List of country names and two-letter codes. It includes a list of short names and two-letter codes accepted for use in indicating States, other entities and intergovernmental organizations and their Offices in documents relating to international applications under the PCT. The list is as set out in WIPO Standard ST.3.
Also refer to PCT Contracting States formerly Annex A.
Office profile
For more technical information about the Office, refer to ePCT Office profile.
PCT Reservations, Declarations, Notifications and Incompatibilities
The Office does not have any reservations, declarations, notifications or incompatibilities.
Refer to the full list.
Office Closed dates
The Office is closed weekly on Saturday and Sunday
Additional closed dates can be consulted on the Office Closed dates page

International Phase

Annex B - Information on Contracting States or Intergovernmental Organization

Contracting State:
Denmark
Two-letter code:
DK
Denmark - Danish Patent and Trademark Office
Name of Office:
Danish Patent and Trademark Office
Location:
Helgeshøj Allé 81
DK-2630 Taastrup
Denmark
Mailing address:
Same as above
Telephone:
(45-43) 50 80 00
E-mail:
pvs@dkpto.dk
Facsimile:
(45-43) 50 80 01
Does the Office accept the filing of documents by facsimile or the like means (PCT Rule 92.4)?
Yes, by e-mail or facsimile
Which kinds of documents may be so transmitted?
All kinds of documents
Must the original of the document be furnished in all cases?
No, only upon invitation
Would the Office accept evidence of mailing a document, in case of loss or delay, where a delivery service other than the postal authorities is used (PCT Rule 82.1)?
Yes
Is the Office prepared to allow applicants to make applications available to the WIPO Digital Access Service for Priority Documents (DAS) (PCT Rule 17.1(b-bis)?
Yes, the Office is prepared to allow applicants to make international and national applications available to the WIPO DAS
Competent receiving Office(s) for international applications filed by nationals or residents of this State:
DK
Denmark - Danish Patent and Trademark Office
EP
European Patent Organisation - European Patent Office (EPO)
IB
International Bureau of the World Intellectual Property Organization (WIPO) - International Bureau of WIPO
Does national legislation restrict the filing of international applications with foreign Offices?
Patents Act, section 70 and the Consolidate Secret Patents Act, section 2 and 2a.
Yes, filing restrictions apply to:
International applications for inventions relating to war material or processes for the manufacture of war material by a person or enterprise residing in Denmark, or by a Danish institution, must be filed through the Danish Patent and Trademark Office, and may only be granted as secret patents with authorisation from the (Danish) Minister of Defence.
Competent designated (or elected) Office(s) for this State:
National protection: DK
European patent: EP
Types of protection available via the PCT:
National:
Patents
Utility models (a utility model may be sought instead of or in addition to a national patent)
European:
Patents
Availability under the national law for an international-type search (PCT Article 15):
Section 9 of the Patents Act and Sections 4 and 37 of the Patents Order
Provisional protection after international publication:
Where the designation is made for the purposes of a national patent:
After the furnishing of a translation into Danish or, if the international application was filed in Danish, of a copy of the international application as filed, or if the international application is filed in English or translated into English when the claims have been filed in Danish, the applicant is given provisional protection in the sense that he, upon grant of the patent, is entitled to damages. These are limited to what is judged reasonable under the circumstances and the protection is limited to what is claimed in both the application and the patent. Refer to Sections 33, 58 and 60 of the Patents Act.
Where the designation is made for the purposes of a European patent:
Compensation reasonable in the circumstances, on condition that any national requirements relating to the translation into Danish of the claims of the application have been met, and upon grant of the patent. Protection is limited to what is claimed in both the application and the patent (refer to Section 83(2) of the Patents Act).
Information of interest if this Contracting State is designated (or elected)
For national protection
Time when the name and address of the inventor must be given:
May be in the request or may be furnished later. If not already complied with within the time limit applicable under PCT Article 22 or 39(1)(a), the Office will invite the applicant to comply with the requirement within a time limit fixed in the invitation.
Are there special provisions concerning the deposit of microorganisms and other biological material?
Yes, refer to Annex L.
For a European patent
Refer to Annex B(EP)

Annex C - Receiving Office

Competent receiving Office for nationals and residents of:
Denmark
Language in which international applications may be filed:
If the language in which the international application is filed is not accepted by the International Searching Authority (refer to Annex D), the applicant will have to furnish a translation (PCT Rule 12.3). If the language in which the international application is filed is not a language of publication and no translation is required for the purposes of international search (PCT Rule 12.3(a)), the applicant will have to furnish a translation of the application into English, French or German (PCT Rule 12.4(a)).
Danish
English
French
German
Icelandic
Norwegian
Swedish
Language accepted for language-dependent free text in the sequence listing:
Danish
English
French
German
Icelandic
Norwegian
Swedish
or English and another filing language
Language in which the request may be filed:
English
French
German
Number of copies required by the receiving Office if application filed on paper:
1
Does the receiving Office accept the filing of international applications in electronic form?
Yes, the Office accepts XML and PDF files filed using ePCT-Filing or EPO Online Filing
For the relevant notifications by the Office, refer to the Official Notices (PCT Gazette) dated 7 July 2016, pages 157 et seq. and 21 July 2022, page 186.
Where the international application is filed in electronic form in accordance with and to the extent provided for in Part 7 and Annex F of the Administrative Instructions, the total amount of the international filing fee is reduced (refer to “Fees payable to the receiving Office”).
Where the international application contains a sequence listing as a separate part of the description, this should be furnished in accordance with Annex C of the Administrative Instructions, that is, in compliance with WIPO Standard ST.26 XML format; no fees are due for sequence listings filed in this format.
Does the receiving Office accept requests for restoration of the right of priority (PCT Rule 26bis.3)?
Yes, the Office applies the “due care” criterion to such requests
Competent International Searching Authority:
EP
European Patent Organisation - European Patent Office (EPO)
SE
Sweden - Swedish Intellectual Property Office (PRV)
XN
Nordic Patent Institute - Nordic Patent Institute
Competent International Preliminary Examining Authority:
EP
European Patent Organisation - European Patent Office (EPO)
SE
Sweden - Swedish Intellectual Property Office (PRV)
XN
Nordic Patent Institute - Nordic Patent Institute
Fees payable to the receiving Office:
Transmittal fee:
1,500 DKK
International filing fee:
10,300 DKK
This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).
Fee per sheet in excess of 30:
120 DKK
This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).
Reductions (under Schedule of Fees, item 4):
Electronic filing (the request in character coded format):
1,550 DKK
Electronic filing (the request, description, claims and abstract in character coded format):
2,320 DKK
Search fee:
Refer to
Annex D(EP)
Annex D(SE)
Annex D(XN)
Fee for priority document (PCT Rule 17.1(b)):
300 DKK
Fee for requesting restoration of the right of priority (PCT Rule 26bis.3(d)):
3,000 DKK
Is an agent required by the receiving Office?
However, the Office will invite the applicant to appoint an agent, if it finds that it is necessary in the interest of the applicant (Patents Act, Section 12)
No
Who can act as agent?
Any natural or legal person resident in the European Economic Area
Waiver of power of attorney:
Waivers of powers of attorney do not apply (PCT Rule 90.4(e) and 90.5(d)) where the agent or common representative submits any notice of withdrawal during the international phase (PCT Rule 90bis.1 to 90bis.4, also refer to International Phase, paragraph 11.048).
Has the Office waived the requirement that a separate power of attorney be submitted?
Yes
Particular instances in which a separate power of attorney is required:
Upon appointment of, or for any paper submitted by, an agent or a common representative who was not indicated on the request form at the time of filing
Has the Office waived the requirement that a copy of a general power of attorney be submitted?
Yes
Particular instances in which a copy of a general power of attorney is required:
Upon appointment of, or for any paper submitted by, an agent or a common representative who was not indicated on the request form at the time of filing

Annex L - Deposits of Microorganisms and Other Biological Material

Requirements of designated and elected Offices
Only Offices whose applicable national law contains provisions concerning the deposits of microorganisms and other biological material are listed in Annex L. Unless otherwise indicated, deposits may be made for the purposes of patent procedure before these Offices with any depositary institution having acquired the status of international depositary authority under the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure.
For a list of these institutions refer to:
Notifications related thereto may be consulted under:
Further information concerning the requirements of international depository authorities under the Budapest Treaty is available at:
Time (if any) earlier than 16 months from priority date by which applicant must furnish:
— the indications prescribed in Rule 13bis.3(a)(i) to (iii):
Where applicant requests publication earlier than 16 months from the priority date, not later than that request
— any additional indications:
At the time of filing (as part of the application)
Additional indications (if any) which must be given besides those prescribed in Rule 13bis.3(a)(i) to (iii) pursuant to notifications from the Office:
To the extent available to the applicant, all significant information on the characteristics of the microorganism
Additional information
The applicant may request that, until the application has been laid open to public inspection (by the Danish Patent and Trademark Office), or has been finally decided upon by the Danish Patent and Trademark Office without having been laid open to public inspection, the furnishing of a sample shall only be effected to an expert in the art. The request to this effect shall be filed by the applicant with the Danish Patent and Trademark Office not later than at the time when the application is made available to the public under Sections 22(7) and 33(3) of the Danish Patents Act and Section 24(1) of the Danish Order on Patents and Supplementary Protection Certificates. If such a request has been filed by the applicant, any request made by a third party for the furnishing of a sample shall indicate the expert to be used. That expert may be any person entered on a list of recognized experts drawn up by the Danish Patent and Trademark Office or any person approved by the applicant in the individual case, Section 24(2) of the Danish Order on Patents and Supplementary Protection Certificates.

National Phase

Summary of requirements for entry into the national phase

Time limits applicable for entry into the national phase:
Under PCT Article 22(3): 31 months from the priority date
Under PCT Article 39(1)(b): 31 months from the priority date
Translation of international application required into (one of) the following language(s):
Where the filing fee has been paid within the time limit applicable under PCT Article 22 or 39(1), the translation may be filed within two months from the expiration of that time limit, provided that the additional fee for late furnishing of the translation is also paid within those two months
Danish
English
Required contents of the translation for entry into the national phase:
Where the filing fee has been paid within the time limit applicable under PCT Article 22 or 39(1), the translation may be filed within two months from the expiration of that time limit, provided that the additional fee for late furnishing of the translation is also paid within those two months
Under PCT Article 22: Description, claims (if amended, as amended only), any text matter of drawings, abstract
Under PCT Article 39(1): Description, claims, any text matter of drawings, abstract (if any of those parts has been amended, only as amended by the annexes to the international preliminary examination report)
Is a copy of the international application required in particular circumstances?
The applicant should only send a copy of the international application if he/she has not received Form PCT/IB/308 and the Office has not received a copy of the international application from the International Bureau under PCT Article 20. This may be the case where the applicant expressly requests an earlier start of the national phase under PCT Article 23(2)
National fees:
Filing fee:
Must be paid within the time limit applicable under PCT Article 22 or 39(1)
Basic fee
3,000 DKK
Claim fee for each claim in excess of 10
300 DKK
Additional fee for late furnishing of translation or copy
Where the filing fee has been paid within the time limit applicable under PCT Article 22 or 39(1), the translation may be filed within two months from the expiration of that time limit, provided that the additional fee for late furnishing of the translation is also paid within those two months
1,100 DKK
Annual fees for the first three years
1,500 DKK
These fees are due on the last day of the month containing the second anniversary (24 months) of the international filing date; where PCT Article 39(1) applies, they are payable within two months after performing the acts for entering the national phase, unless the 24-month time limit has not yet expired
Exemptions, reductions or refunds of fees:
None
Special requirements of the Office (PCT Rule 51bis):
If not already complied with within the time limit applicable under PCT Article 22 or 39(1), the Office will invite the applicant to comply with the requirement within a time limit fixed in the invitation.
This requirement may be satisfied if the corresponding declaration has been made in accordance with PCT Rule 4.17
Name and address of the inventor if they have not been furnished in the “Request” part of the international application
Who can act as agent?
Any natural or legal person resident in the European Economic Area
Does the Office accept requests for restoration of the right of priority (PCT Rule 49ter.2)?
Yes, the Office applies the “due care” criterion to such requests

The procedure in the national Phase

DK.01 FORM FOR ENTERING THE NATIONAL PHASE
The Office has available a special form for entering the national phase (refer to Annex DK.II; an editable version of this form is also available at:
https://pvs-efiling.dkpto.dk/en). This form should preferably (but need not) be used.
DK.02 LANGUAGE OF PROCEEDINGS
DPO Sec. 6, DPO Sec. 97
The description, the claims, any text matter of drawings and the abstract of the international application must be in English or in Danish. The claims must be translated into Danish before a patent is granted.
DK.03 TRANSLATION (LATE FURNISHING OF)
DPL Sec. 31(2), DPL Sec. 98(3)
If the translation of the international application has not been furnished by the applicant within the time limit applicable under PCT Article 22 or 39(1) but the national fee indicated in the Summary has been paid within that time limit, the translation can still be furnished within a further period of two months, provided that the additional fee for late furnishing of the translation, indicated in the Summary, has been paid within those two months.
DK.04 TRANSLATION (CORRECTION)
DPL Sec. 13
Errors in the translation of the international application can be corrected with reference to the text of the international application as filed (refer to National Phase, paragraphs 6.002 and 6.003).
DK.05 TRANSLATION (IN CASE OF LACK OF UNITY OF INVENTION)
DPO Sec. 84(2)
Where a part of the international application was not subjected to an international search for reason of lack of unity of the invention, a translation is required only of those parts of the international application which were subjected to the international search. However, where the applicant wants to maintain the part which was not searched, a translation of this part must also be furnished. Also refer to paragraph DK.08.
DK.06 FEES (MANNER OF PAYMENT)
DPL Sec. 8(4)
The manner of payment of the fees indicated in the Summary and in this Chapter is outlined in Annex DK.I.
DK.07 POWER OF ATTORNEY
DPL Sec. 12, DPL Sec. 33
An agent may be appointed either by filing a separate power of attorney or in the special form referred to in paragraph DK.01 (refer to Annex DK.II). A model of a separate power of attorney is given in Annex DK.III.
DK.08 ADDITIONAL SEARCH OR EXAMINATION REPORT (IN CASE OF LACK OF UNITY OF INVENTION)
PCT Art. 17(3)(b), PCT Art. 34(3)(c), DPL Sec. 36, DPL Sec. 37
Where a part of the international application was not subjected to international search or preliminary examination because the international application did not comply with the requirement of unity of invention and the applicant did not pay the additional search or preliminary examination fee to the International Searching or Preliminary Examining Authority, the Office will decide whether the said finding as regards the application translated into Danish or English was correct. If this is found to be the case, the Office will invite the applicant to pay an additional fee within two months after mailing of the notification of this decision. The amount of the said fee is indicated in Annex DK.I. Where the applicant does not pay the additional fee, that part of the international application which was not subjected to international search or preliminary examination will be considered withdrawn.
DK.09 PUBLICATION FEE
DPL Sec. 19
A publication fee must be paid within two months after the date of the decision to grant. The amount of the fee is indicated in Annex DK.I.
DK.10 ANNUAL FEES
DPL Sec. 8(5), DPL Sec. 40, DPL Sec. 41, DPL Sec. 42
Annual fees must be paid for each year following the international filing date. For the due date of the annual fees for the first three years, refer to the Summary. Payment of the subsequent annual fees must be made before the expiration of the month containing the anniversary of the international filing date. Payment can still be made, together with a 20% surcharge for late payment, before the expiration of the sixth month after the month containing the anniversary of the international filing date. The amounts of the annual fees are indicated in Annex DK.I.
DK.11 AMENDMENT OF THE APPLICATION; TIME LIMITS
PCT Art. 28, PCT Art. 41, DPL Sec. 13
The applicant may make the following modifications before the Office, provided that the scope of the subject matter of the application is not broadened thereby:
DPL Sec. 34, DPO Sec. 85(1)
(i) within 24 months from the priority date or, where PCT Article 39(1) applies, within 35 months from the priority date: corrections of defects and voluntary amendments;
DPL Sec. 13, DPL Sec. 19(2)
(ii) up to the decision that the application is to be allowed for public inspection: amendments or additions to the description and drawing(s) if they are necessary to comply with general requirements under PCT Articles 5 and 7; amendments or additions to the claims, which, unless the Office allows otherwise, must be made by filing a new document comprising all of the claims in sequence; where additions are made to the claims, the applicant must at the same time file a statement indicating the reference basis for these additions.
DK.12 REVIEW UNDER ARTICLE 25 OF THE PCT
PCT Art. 25, PCT Rule 51, DPL Sec. 24, DPL Sec. 25, DPL Sec. 38, DPO Sec. 86
The applicable procedure is outlined in paragraphs 6.018 to 6.021 of the National Phase. If, upon review under PCT Article 25, the Office denies an error or omission on the part of the receiving Office or the International Bureau, an appeal against this decision may be lodged, within two months from the date of the decision, with the Board of Appeal. Within the same two-month time limit, a fee for appeal must be paid (for the amount, refer to Annex DK.I).
DK.13 EXCUSE OF DELAYS IN MEETING TIME LIMITS
PCT Art. 24(2), PCT Art. 48(2)
Reference is made to paragraphs 6.022 to 6.027 of the National Phase.
DK.14
DPL Sec. 72, DPL Sec. 73
Reestablishment of rights may be requested where the applicant, in spite of all due care reasonably required, was unable to observe a time limit before the Office, default of which is prejudicial to his rights. A request for reestablishment must be presented in writing within two months after the removal of the cause of the failure to perform the action but not later than one year from the expiration of the time limit which has not been observed. Within the said two months, the omitted action must be completed, the fee for reestablishment of rights (refer to Annex DK.I) must be paid and the request must state the grounds on which it is based and set out the facts on which it relies.
DK.15
DPL Sec. 15(3)
Resumption of proceedings concerning the application may be requested from the Office where the applicant missed a time limit which has been fixed for a certain action by the Office. Resumption of proceedings may not be requested where the missed time limit is fixed in the PCT, the PCT Regulations, the Patents Act or the Patents Order. A request for resumption of proceedings has the effect that the proceedings for grant will be resumed, provided that, within four months from the expiration of the missed time limit, the said request is presented in writing, the resumption fee (refer to Annex DK.I) is paid and the omitted act has been completed.
DK.16 UTILITY MODEL
PCT Art. 4(3), PCT Art. 43, PCT Art. 44, PCT Rule 49bis.1, PCT Rule 49bis.1(a), PCT Rule 49bis.1(b), PCT Rule 76.5, DUL Sec. 17, DUO Sec. 1
If the applicant wishes to obtain utility model registration in Denmark on the basis of an international application
(i) instead of a patent, or
(ii) in addition to a patent, subject to what is said in paragraph DK.19, the applicant, when performing the acts referred to in Article 22 or Article 39, shall so indicate to the Office.
DK.17
DUL Sec. 38
If the international application is for a utility model instead of a patent, the requirements are basically the same as for patents. However the applicant is not required to pay a fee for publication or annual fees. Instead of annual fees, renewal fees have to be paid for utility models. The due dates and the amounts are indicated in Annex DK.I. By payment of the two renewal fees, the term of protection may be extended a first time from three to six years and a second time from six to 10 years.
DK.18
If the international application is for both a utility model and a patent, the applicant must, within the time limit applicable for entry into the national phase, comply with the following requirements:
(i) pay filing fees for both the patent and the utility model,
(ii) furnish a translation of the international application into Danish in duplicate,
(iii) file a power of attorney (if any) in duplicate.
DK.19
DUL Sec. 12, DUO Sec. 13(1), DUO Sec. 13(3), DUO Sec. 14
A utility model application concerning the subject matter of an earlier national, international or converted European patent application for Denmark filed after 8 July 1992 may use that earlier patent application as a basis for the utility model application, provided the utility model application, together with a request to that effect, is filed not later than two months after the earlier patent application has been withdrawn, abandoned or refused without possibility of reinstatement, at the latest, however, up to the end of the tenth year from the date of filing of the earlier patent application.

Annexes

Annex DK.I - Fees
Patents
National fee
3,000 DKK
Additional fee for late furnishing of translation or copy
1,100 DKK
Claim fee for each claim in excess of 10
300 DKK
Publication fee
2,000 DKK
Resumption fee
700 DKK
Fee for reestablishment of rights
3,000 DKK
Appeal fee (refer to paragraph DK.13)
8,000 DKK
Fee for administrative re-examination
7,000 DKK
Fee for filing an opposition
2,500 DKK
Annual fees:
— for the 1st to the 3rd year
per year 500 DKK
— for the 4th year
1,100 DKK
— for the 5th year
1,250 DKK
— for the 6th year
1,400 DKK
— for the 7th year
1,600 DKK
— for the 8th year
1,800 DKK
— for the 9th year
2,050 DKK
— for the 10th year
2,300 DKK
— for the 11th year
2,550 DKK
— for the 12th year
2,800 DKK
— for the 13th year
3,050 DKK
— for the 14th year
3,300 DKK
— for the 15th year
3,600 DKK
— for the 16th year
3,900 DKK
— for the 17th year
4,200 DKK
— for the 18th year
4,500 DKK
— for the 19th year
4,800 DKK
— for the 20th year
5,100 DKK
Supplement for late payment
20% of the applicable annual fee
Fee for restoration of the right of priority
3,000 DKK
Utility models
National fee
2,000 DKK
Additional fee for late furnishing of translation or copy
1,100 DKK
Fee for Examination
4,000 DKK
Publication fee for amended utility model registration
1,100 DKK
Appeal fee
5,000 DKK
Renewal fees:
— for the 1st period
2,000 DKK
— for the 2nd period
3,000 DKK
Supplement for late payment
20% of the applicable renewal fee
How can payment of fees be effected?
The payment of fees has to be effected in Danish kroner. All payments must indicate the national application number (however, if that number is not yet known, the international application number may be used), the name of the applicant and the category of fee being paid
Payment may be effected by transfer to the following bank
Danske Bank
Holmens Kanal 2-12
DK-1092 København K.
Reg. No.
0216
Account No.
4069056296
SWIFT
DABADKKK
IBAN
DK6602164069056296
EAN
5798000025004
Forms
The following documents are maintained by the Office. Refer to the Office website (Annex B) for latest version and other languages.
Current version applicable from 1 Jan 2024 , printed on 27 Feb 2024