COVID-19: Update on the operational status at the Danish Patent and Trademark Office

Published 17-06-2020
News

We have previously communicated that the Danish Patent and Trademark Office is operating as normal. We have done so because it is important to us that we all get through this health crisis in the best possible way.

We are informed of the positions of the EPO and the EUIPO in relation to COVID-19 and we are monitoring the situation closely. Nevertheless, we believe that our flexible approach and existing legislation enable us to handle the situation in the best interest of the users of the IPR system.

Normal operations in relation to due dates
The Danish Patent and Trademark Office operates with different types of due dates. Some due dates are stated in national legislation, others in international agreements, and others again in our administrative procedures. No additional legislation providing dispensation from existing due dates stated in legislation administered by the Office within the field of intellectual property rights has been passed.

Existing legislation contains articles which, depending on the type of right, ensure that an applicant or right holder who suffers a loss of rights due to missing a legal due date can have the rights re-established upon request or by submitting a new application.

Where a third party has the right to file an opposition against an application or a granted right within a set time limit, there is also the possibility for third parties to request re-examination of a right after the expiration of the opposition period.

With regard to the due dates which are set by the Danish Patent and Trademark Office according to administrative guidelines in relation to the processing of applications, extensions may be granted. This will happen on a case by case basis upon evaluation and in accordance with our normal procedures.

To sum up, the Danish Patent and Trademark Office finds that the existing laws, orders etc. within the field of intellectual property rights, as well as the Office’s case handling practice, are sufficiently robust and flexible to handle the current situation.

It should be noted that some legal time limits exists in international systems which cannot be influenced by the Office, as these time limits are based on international treaties and agreements. Applicants must therefore carefully note and ensure to meet these time limits.

Submission of applications, etc.
Our systems for submission of applications etc. are operating as normal, and it will still be possible to use tools such as eOLF, electronic application, e-Boks or normal post. Furthermore, our physical post box in Taastrup can also be used as well as handing in applications physically in both Ikast and Taastrup.

We know that eOLF requires using a smart card and that it may not be possible to do this from home. Therefore, it will be possible to contact us to retrieve information needed in order to submit applications via other systems.

Should you have any questions in relation to the operational status of the Danish Patent and Trademark Office, please contact us via pvs@dkpto.dk.