FAQ
FAQ about the implementation of the London Agreement
Patent- og Varemærkestyrelsen
Version: 8. April 2008
EM 07 / 639
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QUESTION: What does the London Agreement entail?
ANSWER: The London Agreement concerns changes to legislation for the validation of Euro-pean patents in Denmark. From now on a European patent can be validated by filing a copy of the granted patent, translated into Danish or English. However, the patent claims must be translated into Danish.
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QUESTION: What is the deadline for validation?
ANSWER: Validation must occur within 3 months from the date on which the European Pat-ent Office granted/publicized the patent or reached decision to maintain the patent in amended/revised form.
Example: When the European Patent Office has granted a patent on 8 May 2008, validation must occur before 8 August 2008.
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QUESTION: Is the validation fee still the same?
ANSWER: Yes. Implementation of the London Agreement does not have any effect on the fees for vali-dation.
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QUESTION: What are the fees for validation?
ANSWER: The basic fee for publication is DKK 1,050. In the event that the entire patent document (description, claims, figures/photographs etc.) exceeds 35 pages, an additional publication fee of DKK 80 per page will be charged.
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QUESTION: When did the new rules on validation (the London Agreement) come into effect?
ANSWER: The new rules - actual amendments to Manual of Patent Practice § 77 - came into effect on 1 may 2008.
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QUESTION: Which patents are affected by the London Agreement?
ANSWER: The new rules apply to all patents that have been granted by EPO on 1 May 2008 or there-after.
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QUESTION: Which rules apply to European patents granted by EPO in the period 1 February to 30 April 2008?
ANSWER: Patents that have been granted by EPO after 1 February 2008, and can thereby be vali-dated within deadline by 1 May 2008 or later, must follow the old rules for validation.
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QUESTION: Do the new rules also apply to national patents?
ANSWER: No.
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QUESTION: Can I validate my EP patent electronically?
ANSWER: Yes - see the instructions via this link:
http://www.dkpto.dk/apps/dkep/edkep.asp
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QUESTION: How do I file my EP patent?
ANSWER: Filing EP patents can be done electronically by using the following link:
http://www.dkpto.dk/apps/dkep/edkep.asp
You can also use email, just follow the link:
http://www.dkpto.dk/om/kontakt/indleveringspostkasse.htm
Or you can file your EP patent by post or telefax.
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QUESTION: Does a patent agent have to be based in Denmark?
ANSWER: No - any patent agent living in the European Economic Community (EEC) can represent the patent holder.
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QUESTION: Does a validation require a power of attorney in Denmark?
ANSWER: No. It is not necessary when the patent agent is only validating the European patent.
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QUESTION: Can a patent agent based within the EEC open an account at the Dan-ish Patent and Trademark Office?
ANSWER: Yes
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QUESTION: Can a patent agent based within the EEC handle the necessary valida-tion procedures? (filing the translation and payment of fees)
ANSWER: yes - e.g. with help from: ja - dette kan bl.a. gøres ved hjælp af:
http://www.dkpto.dk/apps/dkep/edkep.asp
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QUESTION: Does the Danish Patent and Trademark Office send a receipt?
ANSWER: Yes, the DKPTO sends a receipt upon payment of fees.
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QUESTION: Which patent copy do I file, the "Druckeksemplar" or the B1 patent?
ANSWER: The Danish Patent and Trademark Office must receive an English copy of the B1 patent document with the claims translated into Danish, or a Danish translation of the entire patent. The publication number should not be present on the B1 copy. For specifications on the exact form required, please refer to the Patent Manual section below:
PDK 3.1 A 1.0-4 Ansøgningens bilag, afsnit 5 om udformningen af beskrivelse, patentkrav og sammendrag. (Sorry, not in English yet)
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QUESTION: How do I validate a European patent published in German or French?
ANSWER: You can choose to have the entire patent translated into Danish or an English translation of the description together with a Danish translation of the claims.
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QUESTION: What language must the text to figures/photographs be in?
ANSWER: The text accompanying figures/photographs can either be in English or Danish.
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Should you have other questions you are welcome to contact our Customer Service on telephone 4350 8000 or send your question/s by email to: pvs@dkpto.dk
Last update: 10 July 2008
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