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- SOUTH AFRICA
COUNTRY : DENMARK
CAPITAL : COPENHAGEN
LANGUAGE : DANISH
The IP office of Denmark is known as the DKPTO administered by Ministry of Trade and Industry.
Protection of Inventions in Denmark:
- THROUGH NATIONAL REGISTRATION. Direct Filing with the National Patent & Trademark office.
- THROUGH EUROPEAN PATENT CONVENTION.
Kindly refer our guide on the European Patent Convention procedures.
INTERNATIONAL TREATIES TO WHICH DENMARK IS SIGNATORY
(i) Paris Convention for the protection of industrial property
(ii) Patent Co-operation Treaty PCT .
(iii) Agreement on Trade Related Aspects of Intellectual Property Rights TRIPS .
(iv) European Patent Commission.
PATENT LEGISLATION IN DENMARK:
Denmark follows the Civil Law system
- Patents in Denmark are governed by: Consolidated Act 91 of 28 January 2009. Patents in Denmark may be granted by:
- Denmark Trademark & Patent Office “DKTPO”
BASICS REGARDING PATENTABILITY OF INVENTIONS IN DENMARK:
Inventions may relate to products, processes or industrial applications. Patents are therefore granted to inventions that:
- Are New or Novel
- Involve an inventive step
- Comprise of a process or an Industrial application of the invention.
For an Invention to be patentable, it should contain the following:
(i). Novelty: An invention is considered new or novel if it is not included in the state of the art. State of the art consists of all the information available and accessible to the public prior to the date of the patent application.
(ii). Inventive Step: An invention is said to contain an inventive step if for “a man skilled in the art it does not yield results in an obvious way from the state of the art”.
(iii). Industrial Application: of the invention would be “when the object of the invention may be produced, manufactured or used in any kind of industry including agriculture”
INVENTIONS NOT PATENTABLE IN DENMARK:
Inventions pertaining to the following are not patentable in Denmak:
- Discoveries, Scientific Theories & Mathematical methods.
- Aesthetic creations.
- Schemes, Rules, Methods for performing mental acts, playing games, doing business as well as Presentation of Information.
- Programmes for Computers.
- Inventions contrary to public order & morals.
- Methods of treatment on humans and animals.
- Essential biological processes for the production of plants, animal.
- Human body at various stages of formation, development, simple discoveries of one of its elements, sequencing, partial sequencing of genes.
- Processes for modifying germline, genetic identity of human beings.
- Processes for cloning human beings.
- Usages of human embryos for industrial, commercial purposes.
- Processes for modifying genetic identity of animals.
- Plant or Animal varieties or Bio processes for the production of plants or animals.
- Prejudicial to the Interests or Security of the Nation.
PartityPatents Law Firms through its associates in Denmark is at hand to help you with patent registration and prosecution.
FILING REQUIREMENTS OF PATENTS IN DENMARK:
(i). Nationality of the applicant.
(ii). Name & Address of the applicant.
(iii). Description of the invention.
(vii). Title of the invention , Prior state of the art, & the Technical area of the invention.
(viii) A Request for grant of patent
EXAMINATION OF THE PATENT APPLICATION IN DENMARK:
- Once the patent application is filed, the application is scrutinised for defence & atomic energy aspects, along with formal &material aspects.
- Upon receipt, the patent application is formally examined to check compliance with all requisites.
- Any deficiencies arising are to be complied with by the applicant without changing the essence of the application within stipulated period of time else, patent application is deemed abandoned.
- Patent application is substantively examined, and, objections if any are to be rectified within stipulated period of time.
- Patent application is published to which interested third parties may file their opposition.
- In the event, no opposition/ objections forthcoming, patent application in compliance with all the requisites and formalities is registered and patent granted.
Post Patent grant by the European Patent Office (EPO), Patent needs to be validated in the member country as designated on the Patent application.
Patent Validation comprises of certain formalities and requirements per national laws of the designated country.
Parity Patent Attorneys and Associate Law Firms in Denmark are at hand to help and assist you with Patent Validation.
RIGHTS OF THE PATENTEE IN DENMARK:
TERM AND KINDS OF PATENTS GRANTED IN DENMARK:
Patents with a term of 20 yrs.
Utility patents with a term of 10 yrs.
- Patents confer on its holders and successors an exclusive right to work the invention.
- Patentee may authorise such uses of the patent through a contractual agreement with interested parties.
- Patentee may authorise the working of the patent either by a manufacturer or by an importer.
- Patentee may even assign or licence the patent.
COMPULSORY LICENCES OF PATENTS IN DENMARK:
Licences are of 2 kinds:
- Contractual Licence by way of assignment and licence agreements.
- Compulsory Licences.
Compulsory Licences are granted when the patented invention is not worked to reasonable extent to a within three years from the grant of the patent or four years from the filing of the patent application. Compulsory Licences may be granted under the following circumstances:
- Insufficient exploitation of the invention.
- Dependency between several patents.
- Where important public interests and national security are involved.
- When prior exploitation is involved.
ParityPatents along with specialised Patent Lawyers and Patent Attorneys in Denmark, can assist you comprehensively with Compulsory Licence matters.