Turning ideas into assets

FAQ about the London Agreement

Danish Patent and Trademark Office
Version: 1 May 2013

 




QUESTION: What does the London Agreement entail?

ANSWER: The London Agreement concerns changes to legislation for the validation of European patents in Denmark. According to the London Agreement European patents can be validated by filing a copy of the granted or amended patent, translated into Danish or English. However, the patent claims shall only be filed translated into Danish.


QUESTION: What is the deadline for validation?

ANSWER:

Validation must occur within 3 months from the date on which the European Patent Office has 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 2012, validation must occur before 8 August 2012.


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. However the additional publication fee will at the maximum be charged for 400 pages. 


QUESTION: When did the new rules on validation (the London Agreement) come into effect?

ANSWER:

The new rules - actual amendments to the patents act § 77 - came into effect on 1 may 2008.  


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.

As of July 13, 2009 a new practice concerning amended patents was implemented, and consequently the new translation requirements now also apply to European patents granted before May 1, 2008 and amended on or after that date.


QUESTION: How do I file my EP patent? Can I validate my EP patent electronically?

ANSWER: Filing and validating EP patents can be done using our e-filing


You can also use e-mail.

Or you can file your EP patent by post or telefax - see our contact details.

However please note the remarks in our guidelines if you validate by post or telefax.


QUESTION: Does a patent agent have to be based in Denmark?

ANSWER: No - any patent agent can represent the patent holder.


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.


QUESTION: Can a patent agent based outside Denmark open an account at Danish Patent and Trademark Office? 

ANSWER: Yes


QUESTION:

Can a patent agent based outside Denmark handle the necessary validation procedures (filing the translation and payment of fees)?

ANSWER: yes - e.g. by following these instructions.


QUESTION: Does Danish Patent and Trademark Office send a receipt?

ANSWER: Yes, DKPTO sends a receipt upon payment of fees.


QUESTION: Which patent copy do I file, the "Druckeksemplar" or the B1 patent?

ANSWER: Danish Patent and Trademark Office must receive an English copy of the B1 patent document however the claims shall only be filed translated into Danish, or a Danish translation of the entire patent.  The Danish Patent and Trademark Office generally recommend that text regarding validation is filed in a PDF file, please see further in our guidelines for validation of European patents in Denmark.

With regards to the translated claims and translation of the entire patent specification, when the patent is granted by the EPO in German and French, see the requirements in the Patent Guidelines, formatkrav”.


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, however the claims shall only be filed translated into Danish.


QUESTION: What language must the text to figures/photographs be in?

ANSWER: The text accompanying figures/photographs can either be in English or Danish.


Questions?

If you should have other questions you are welcome to contact us.