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Guidelines for validation of European patents in Denmark

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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 beginning with the date on which the European Patent Office (EPO) granted the patent or reached the 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.

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.

Requirements according to Patents Act § 77

The Patents Act, § 77 states that, a European patent is validated by filing a copy of the granted patent:

  • translated into Danish, or
  • in English or translated into English, however that the claims shall only be filed translated into Danish.   

Annotations to drawings/photographs

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

European patents granted in German or French

A patent granted by the EPO in German or French must be translated into Danish or English however that the claims shall only be filed translated into Danish.   

European patents granted in English

A patent granted by the EPO in English can be filed translated into Danish or in the English version however that the claims shall only be filed translated into Danish.   

Requirements for the format

The Danish Patent and Trademark Office generally recommend that text regarding validation is filed in a PDF file. Also the Danish Patent and Trademark Office recommend that text regarding the description and the claims should be filed in separate PDF-files.

If a patent has been granted by the EPO in English it is possible to validate using the patent specification (B1) however that the claims shall only be filed translated into Danish. 

The following changes to the patent specification are necessary:

  • Remove German and French text
  • The claims shall only be filed translated into Danish
  • Remove bibliographic information

Due to the Danish publication validation should preferably not only be done via telefax. If validation is filed by post, please do not staple the papers. Please also avoid that the filed pages include names of agents or other reference number etc.

It is recommended that the translated claims and translation of the entire patent specification, when the patent is granted by the EPO in German and French, meet the requirements in the Patent Guidelines, “formatkrav”.

Please note that, when granted, the English language European patents (B1) can be obtained on EPO’s publications server

The Danish Patent and Trademark Office cannot accept the "Druckeksemplar" for validation of the patent due to the general quality and legibility of this version.

How to file a European patent for validation

The patent can be filed:

The cost of a validation in Denmark

The basic fee for publication is DKK 1,050.

In the event that the entire patent document (description, claims, figures/photographs, sequence listing 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.

 

European patents granted before 1 May 2008 and amended on or after that date

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