Patent registration in Denmark

Protect Your Innovations in Denmark: Streamlined Patent Registration Solutions. Denmark is a country with a developed economy and a focus on innovation. Denmark is one of the world leaders in wind energy and other green technologies. The country has many well-known companies and research institutes in this field, focusing on developing sustainable and efficient energy solutions. Denmark has strengths in research and development of pharmaceuticals, medical devices and biotechnology. The industry is supported by a robust healthcare system and top-notch universities. Denmark is famous for its design and creativity, especially in the areas of furniture, fashion, and architecture. Danish companies in this sector are known for their innovation and high quality. In addition to the above fields, Denmark also has the potential to develop inventions in other fields such as robotics, automation and materials science. The Danish government also actively supports innovation and invention development through grant programs and tax incentives. Viet An Law would like to guide customers through the preliminary procedures for patent registration in Denmark through the article below.

Legal Basis

• Consolidated Patent Law (Consolidated Law No. 90 of January 29, 2019)

General overview of inventions in Denmark

Definition of Invention

In Denmark, a patent is an exclusive right granted to a new, inventive and industrially applicable invention.

Conditions for registration of inventions

• Novelty: The invention must be new, which means that the invention has not been published anywhere in the world before the date of filing the patent application.
• Innovation: The invention must not be obvious to a person with expertise in the technical field, considering the technical qualifications available at the time of filing.
• Industrial applicability: The invention must be able to be created or used in any type of industry, including agriculture.

Types of Registrable Inventions

• Patents: This is the standard type of patent for inventions that meet the criteria of novelty, innovation, and industrial applicability. The patent provides the highest level of protection and is valid for 20 years from the date of filing.
• Industrial designs: They are sometimes referred to as “minor patents” or “innovation patents.” They provide a simple and less expensive way to protect inventions with a lower level of inventiveness than standard patents. The industrial design is valid for 10 years from the date of filing.

Patent search in Denmark

Database of the Danish Patent and Trademark Office (DKPTO)

The official database of DKPTO allows users to search for Danish patents and industrial designs. Users can search by various criteria, such as patent number, applicant name, inventor name, keywords, and International Patent Classification (IPC) code. Users can access the following link to look up: https://www.dkpto.org/search-databases

Espacenet

Espacenet is a free online patent database of the European Patent Office (EPO). The system includes a large number of patent documents from all over the world, including Danish patents. Users can search by various criteria and access full-text patent documents. Customers who want to search for inventions through this system, please visit: https://worldwide.espacenet.com/

WIPO Patentscope

Patentscope is a global patent database of the World Intellectual Property Organization (WIPO). The system allows users to search for patents from many countries, including Denmark. Customers can access full-text documents and use various search engines via the link: https://patentscope.wipo.int/search/en/search.jsf

Patent registration dossier in Denmark

• Patent Application: This form includes information such as the name of the invention, the name and address of the inventor(s) and the applicant(s), and the filing date.
• Description: This is a detailed description of the applicant’s invention, including the context, the technical field, the problems it solves, and how it works. The applicant must provide sufficient detail so that a person with expertise in the field can understand and reconstruct the invention. The information typically includes the following sections:
  • Name of the invention
  • Technical Field
  • Background art
  • Patent Summary
  • Brief description of the drawings (if applicable)
  • Detailed description of the invention
  • Industrial applicability
• Protection Claims: This is a numbered list of claims to determine the scope of protection for one’s invention. Claims for protection are the most important part of a patent application, as they define the scope of the applicant’s exclusive rights.
• Drawings (if any): If the applicant’s invention can be illustrated, drawings should be provided to help clarify the description.
• Summary: A brief summary of the invention, usually about 150 words or less.
• Priority documents (if any): If the applicant has applied for a patent for the same invention in another country within the last 12 months, the applicant can claim priority.
• Power of attorney (if any): If the applicant files through the patent representative, it is necessary to provide them with a power of attorney on behalf of the applicant.
• Other documents (if applicable): Depending on the applicant’s case, the applicant may need to file other documents, such as a transfer agreement if the applicant is not the inventor, or a copyright statement.

Patent registration in Denmark through the PCT system

What is the PCT System?

The PCT system stands for Patent Cooperation Treaty – an international treaty that aims to create a uniform process for filing international patent applications. The system is administered by the World Intellectual Property Organization (WIPO) and has more than 150 countries participating, including Denmark.

Benefits of the PCT system:

• Save time and money: The PCT system allows the applicant to file a single patent application for patent protection in multiple countries participating in the Treaty, rather than having to file a separate application in each country. This saves time, costs and administrative procedures.
• Postponement of the national filing deadline: When filing a PCT application, the applicant has an additional 30 months to decide which country the applicant wants to protect the invention. This is a valuable time for the applicant to evaluate the commercial potential of the patent and prepare for the filing of the national application.
• Simple Process: The PCT System uses a common set of rules and procedures for all participating countries, which simplifies the filing process and saves time for both the applicant and the national patent office.
• Early Search Information: The International Search Report and Written Opinion of the International Patent Search Agency will provide the applicant with information about the novelty and patentability of the patent, helping the applicant to make an informed decision about filing a national application.
• Enhanced international cooperation: The PCT system encourages international cooperation in the field of patents by creating a common platform for the exchange of information and the sharing of experiences between countries.
• Support innovation: The PCT system helps promote innovation by reducing the procedural burden on inventors and making it easier for them to protect their patents worldwide.

Patent registration dossier through the PCT system

To file an invention registration through the PCT system, you need to prepare a set of documents including the following documents:

• PCT Application: The application can be filed in Vietnamese or English, however, it is recommended that it be filed in English to facilitate the processing. You can download the PCT application form from the WIPO website: https://www.wipo.int/pct/en/forms/
• Description of the invention: The description of the invention should present the invention in detail and clearly, including:
  • Patent Name Technical Field
  • Patent Summary
  • Detailed explanation of the invention
  • Drawings (if any)
  • Request for protection
• Claim for protection: The claim for protection should clearly define the scope of protection that the applicant wants to give the invention.
• Patent Claims: Patent claims need to clearly identify the inventor (or inventors).
• Letter of Authorization (if applicable): If the applicant uses an intellectual property representative to file the application, the applicant needs to provide a Letter of Authorization that authorizes the representative to represent the applicant during the filing process and process the procedure.

Additional documents (may be required):

• Priority documents (if any): If the applicant filed an application for the same patent in another country before filing the PCT application, the applicant may claim priority based on the date of filing that application.
• Translation (if applicable): If any of the documents on file are not in English or French, the applicant needs to provide a translation into either of these languages.
• Application fee: The applicant needs to pay the PCT filing fee to the International Receiving Office (IB).

Patent registration services in Denmark of Viet An Law – IP Firm

• Perform the search and notify customers in writing of the results of patent search in Denmark;
• Drafting dossiers and directly filing and monitoring the status of patent application filings in Denmark on behalf of the patent owner;
• Notifying, advising and handling deficiencies/refusals of competent State agencies (if any) in the process of monitoring patent applications in Denmark;
• Assist in monitoring and representing objections and responding to intellectual property representatives carrying out procedures in Denmark.
• Receive official dispatches, certificates and hand over to customers (if any).

If you want to file an application for patent registration in Denmark, please contact Viet An Law for the most effective support.