Processing of personal data when you apply for a patent

We are the data controller - how do you contact us?

The Danish Patent and Trademark Office is data responsible for the processing of the personal data we have received about you. You will find our contact information below.

Danish Patent and Trademark Office
Helgeshøj Allé 81
2630 Taastrup
CVR: 17039415
Phone: (+45) 43 50 80 00
E-mail: pvs@dkpto.dk

Contact information for the data protection officer

If you have any questions regarding our processing of your data, please feel free to contact our data protection officer.

You can contact our data protection officer in the following ways:

  • By e-mail: dpo@em.dk
  • By phone: (+ 45) 33 92 33 50
  • By letter: Ministry of Industry, Business and Financial Affairs, att. Data protection officer, Slotsholmsgade 10-12, 1216 Copenhagen K

The purpose of and legal basis for the processing of your personal data

We process your personal data for the following purposes:

  • To process your patent application, issue patents, and keep the patent register up to date.
  • To make information on published patents, including ownership information, available to the public.
  • To conduct user surveys for the purpose of improving our case processing.
  • To find errors in systems, keep statistics, perform audits, etc.

The legal basis for our processing of your personal data follows from:

  • The EU General Data Protection Regulation article 6(1)(e).
  • The Danish Patents Act (Consolidate Act no. 90 of January 29, 2019).
  • If you provide your CPR number, processing takes place for the purpose of unique identification in accordance with the Data Protection Act, section 11(1).

Categories of personal data

We process the following categories of personal data about you:

  • Non-sensitive personal data in the form of identification information, including name, address, e-mail and telephone number.
  • If you provide your CPR number (Civil Personal Registration number), we will also process this.

Recipients or categories of recipients

We can disclose your non-sensitive personal data to the following recipients:

  • Other public authorities, e.g. the Board of Appeal for Patents and Trademarks, the Ministry of Business Affairs, SKAT, the police, etc.
  • Data processors who, on behalf of the Danish Patent and Trademark Office, process the above-mentioned non-sensitive personal data. The Danish Patent and Trademark Office has entered into data processor agreements with these.
  • Your information may be disclosed in connection with requests for public access to documents.
  • Anyone can access the patents that are published and registered in our registers, including access to the personal information that identifies the owner of a patent. Publication of the rights takes place i.e. through our online register PVSonline.
  • International organizations and national IP offices of other countries within the framework of international cooperation and agreements. As a rule, we only send information that we have a statutory duty to publish and keep available to the public.

We only disclose your CPR number (Civil Personal Registration number) in connection with our own use of the common public solution for Digital Post from public authorities.

Transfer to recipients in third countries, including international organizations.

The Danish Patent and Trademark Office transfers your non-sensitive personal data in connection with the above processing to International organizations and national IP offices of other countries as described above. Disclosure and transfer take place on the basis of The EU General Data Protection Regulation article 49(1)(d).

If someone outside the EU and the EEA requests access to documents, your information will be passed on to the extent that we are obliged to do so by law. Disclosure take place based on The EU General Data Protection Regulation article 49(1)(g) and article 86.

To the extent that (non-confidential) personal information in patents is published, including in our public online register PVSonline, the information may be accessed by or transferred to recipients outside the EU and the EEA, e.g., in connection with the processing of subsequent patent applications or if someone wishes to investigate the novelty of an invention or investigate whether a patent is valid. Disclosure take place based on The EU General Data Protection Regulation article 49(1)(g). art. 49.

Where your personal data comes from

Your personal information comes from yourself and from databases in Denmark and abroad.

To the extent that you do not submit your personal data for processing in the Danish Patent and Trademark Office in accordance with the above, it will not be possible to apply for and possibly obtain a patent. If we from a third party receive an inquiry concerning your case that inquiry contains information about you, we will as a rule forward a copy of the inquiry to you.

Storage of your personal data

At this time, we cannot say how long we will keep your personal data. We store your information in accordance with applicable law that governs our work, including the Danish Public Administration Act, the Access to Public Administration Files Act, the Archives Act, and our international obligations. The final storage period will therefore be determined on this basis and considering whether there is still a purpose for the storage. We can inform you that we will emphasize the Danish Patent- and Trademark office objective need for storage of the information, including the need to ensure that we can reconstruct lost data or correct errors in data personal information. We will also emphasize the Danish Patent- and Trademark office obligation to keep patents accessible to the public.

Your rights

Pursuant to the General Data Protection Regulation, you have several rights in relation to our processing of data concerning you. If you wish to exercise your rights, you must contact us.

Right of access

You have the right to obtain access to the data we process concerning you, together with a number of other data.

Right to rectification (correction)

You have the right to have incorrect data concerning you rectified.

Right to erasure

In special cases, you have the right to have data concerning you erased before the time of our ordinary general erasure.

Right to restriction of processing

In certain cases, you have the right to restrict the extent to which we process your personal data. If you have the right to restrict processing, we will henceforth only process information with your consent – with the exception of storage – or if a legal claim can be established, exercised or defended, or to protect a person or important public interests.

Right to object

In certain cases, you have the right to object to our processing of your personal data.

Right to transmit data (data portability)

In certain cases, you are entitled to receive your personal data in a structured, commonly used and machine-readable format, and to have this personal data transmitted from one data controller to another without hindrance.

You can read more about your rights in the Danish Data Protection Agency's guidance on rights of data subjects, available at www.datatilsynet.dk.

Complaint to the Danish Data Protection Agency

You have the right to complain to the Danish Data Protection Agency if you are not satisfied with the way in which we process your personal data. The contact details of the Danish Data Protection Agency are available at www.datatilsynet.dk.