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

Published 17-03-2020
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 the coming weeks in the best possible way. Therefore, we will try our best to be as flexible as possible.

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 applicable 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
We work with many different types of due dates at the Danish Patent and Trademark Office. Some due dates are based on national legislation, others on international legislation, and others again are solely related to our work procedures. Certain due dates are automatized in our systems.

In the coming period, we will be as flexible as possible in relation to granting extensions of due dates. The Danish Patent and Trademark Office does not find a need for dispensation clauses in relation to the laws, orders etc. that the Office administers within the field of intellectual property rights. It is our assessment that applicable legislation contains clauses 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 that loss nullified, either by requesting reinstatement of rights or by submitting a new application.

Where a third party has the right to file an opposition against an application within a legal time limit, there is also the possibility for third parties to request revocation of a right at any given time after registration of the right.

With regard to the due dates which are set by the Danish Patent and Trademark Office in relation to the processing of applications, extensions may be granted. This will happen on a case by case basis upon evaluation and we will be as flexible as possible in this relation.

To sum up, the Danish Patent and Trademark Office finds that the applicable laws, orders etc. within the field of intellectual property rights are sufficiently robust and flexible to handle the current situation. However, it should be noted that there are some legal time limits in relation to the international protection measures 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 postbox in Taastrup can also be used.

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.