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Notice concerning the Japan earthquakes

Notice from the Danish Patent and Trademark Office concerning the situation in Japan after the earthquakes on 14 and 16 of April 2016.

In view of the tragic events in Japan, attention is drawn to the following legal remedies available in the Danish legislation in case of the non-observance of time limits:


Patents Act

  1. Section 72 and 73  in the Danish Patents Act provide the possibility of re-establishment of rights due to non-observance of time limits. Attention is drawn to that section 73 can only be applied to the non-observance of time limit for applicants who wish to proceed with an international application designating Denmark according to section 31. Section 73 specifically mentions postal service which is interrupted on account of e.g. natural disasters.
  2. According to section 15 in the Danish Patents Act there is a possibility for resumption when a time limit has expired during the examination and other processing of a patent application. Resumption is also available according to section 19 of the Danish Patents Act if a time limit regarding the process of granting of a patent has expired. 

Utility models Act

  1. Section 66 and 67  in the Danish utility models Act provide the possibility of re-establishment of rights due to non-observance of time limits. Attention is drawn to that section 67 can only be applied to the non-observance of time limit for applicants who wish to proceed with an international application designating Denmark according to section 29. Section 67 specifically mentions postal service which is interrupted on account of e.g. natural disasters.
  2. According to section 20 in the Danish Utility models Act there is a possibility for resumption when a time limit has expired during the processing of an application for a utility model.

Designs Act

  1. Section 48  in the Danish designs Act provides the possibility of re-establishment of rights due to non-observance of time limits.
  2. According to section 19 in the Danish Designs Act there is a possibility for resumption when a time limit has expired during the processing of an application for a design.


Applicants and other parties before the Danish Patent and Trademark Office who has been affected by the natural and technical disasters in Japan are welcome to contact the Danish Patent and Trademark Office either by email: www.dkpto.dk or by telephone +45 43508000.