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Guidelines for validation of European patents in Denmark

Statutory basis: The Patents Act § 77 and the Order on Patents §§ 93-99. The purpose of these guidelines is to ensure that requirements for validation of European patents in Denmark are met correctly.

Validation period

The period for validation is 3 months; commencing on the date on which the European Patent Office (EPO) granted the patent or reached the decision to maintain the patent as amended.

Example: When the European Patent Office has granted a patent on 8 May 2012, validation must occur no later than 8 August 2012.

In accordance with the Patents Act § 72, it is possible to apply for re-establishment of the patent in the event that the absolute deadline of 3 months is exceeded.

Documents required for validation

Description and Claims

Pursuant to the Patents Act § 77, a patent granted by the EPO in English is accepted for validation in Denmark upon receipt of the claims, which must be translated into Danish.A patent granted by the EPO in German or French is accepted for validation in Denmark by filing a Danish translation of the claims and a Danish or English translation of the patent.

Annotations to drawings/photographs

Annotations to drawings and photographs must be in English or Danish.
       

Format requirements

The Danish Patent and Trademark Office (DKPTO) generally recommends that text for validation is filed by PDF. Also the Danish Patent and Trademark Office recommends that the texts for the description, drawings, sequence listings and claims be submitted as separate PDF-files. It is furthermore recommended that the format for the subsequent translation of the patent and claims of a German or French european patent meets the recommendations outlined in the Patent Guidelines, “formatkrav”. In the interest of the Danish publication, validation should preferably not be undertaken exclusively via fax. If validation is filed by post, please do not staple the papers. Please also avoid that the filed pages include the agent’s or other reference numbers, etc.

How to file text for validation

We recommend that the text is filed electronically via DKPTO's website.
The text can also be filed: by e-mail to DKPTO 
Or you can file your validation by post, fax or in person during DKPTO’s hours of business.


Please pay attention to the recommendations above under format.


The cost of a validation in Denmark

The total fee for publication of a European patent is DKK 2,000.  


European patents granted before 1 May 2008 and maintained as amended on or after this date

As of 13 July 2009 a new practice concerning amended patents has been implemented. Consequently the new translation requirements also apply to European patents which have been granted before 1 May 2008 and maintained as amended on or after this date.