WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO IP/N/IIDNKlP/l 
11 January 2001 
Council for Trade-Related Aspects of 
Intellectual Property Rights (01-0133) 
Original: 
MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
DENMARK Englishl 
anglaisl 
ingles 
The present document reproduces the text! of the following laws and regulations as notified by Denmark under 
Article 63.2 of the Agreement (see document IPIN/lIDNKll/Rev.I). 
Consolidated Patents Act N° 824. 
Act Amending the Patents Act N° 153. 
Act Amending the Patents Act N° 368. 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES A LA 
PROPRIETE INTELLECTUELLE NOTIFIEES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
DANEMARK 2 
25 
30 
Le present document contient le texte! des lois et reglementations ci-apres, notifiees par le Danemark au titre de 
l'article 63:2 de l'Accord (voir le document IPIN/lIDNKll/Rev.I). 
Loi codifiee nO 824 sur les brevets. 
Loi n° 153 modifiant la Loi sur les brevets. 
Loi nO 368 modifiant la Loi sur les brevets. 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL PA.RRAFO 2 DEL ARTicULO 63 DEL ACUERDO 
DINAMARCA 2 
25 
30 
En el presente documento se reproduce el texto! de las siguientes leyes y reglamentos notificados por Dinamarca 
en virtud del parrafo 2 del articulo 63 del Acuerdo (vease el documento IPlNllIDNKlIIRev.I). 
Ley refundida de patentes, N° 824. 
Ley por la que se modifica la Ley de patentes, N° 153. 
Ley por la que se modifica la Ley de patentes, N° 368. 2 
25 
30 
I In English only. The text in the original language is available for consultation by interested Delegations at the 
WTO Secretariat.lEn anglais seulement. Les delegations interessees peuvent consulter le texte dans sa langue d'origine, au 
Secretariat de l'OMC./En ingles solamente. Las delegaciones interesadas podnin consultar en la Secretaria de la OMC el 
texto en su idioma original. IPIN/l/DNKlPIl 
Page 2 
The Ministry of Business and Industry Consolidated Act No. 824 of 13 September 1996 
The Consolidated Patents Act 
Publication of the Patents Act, cf. Consolida­
ted Act No. 587 of 2 July 1993 as amended by 
Act No. 900 of 29th November 1995. 
Part 1 
General provisions 
Section 1 
(1) Any person who has made an invention 
which is susceptible of industrial application, 
or his successor in title shall, in accordance 
with this Act, have the right on application to 
be granted a patent for the invention and there­
by obtain an exclusive right to exploit the in­
vention commercially. 
(2) The following subject-matter or activities 
as such shall, in particular, not be regarded as 
inventions: 
(i) discoveries, scientific theories and mathe­
matical methods, 
(ii) artistic creations, 
(iii) plans, rules or methods for intellectual ac­
tivity, for games or for business activity or 
computer programs, 
(iv) presentation ofinfonnation. 
(3) Methods for surgical or therapeutic treat­
ment or for determination of diagnoses, practi­
sed on human beings or animals, shall not be 
regarded as inventions, either. This provision 
shall not prevent the grant of patents for pro­
ducts, including substances and compounds, 
for use in any of these methods. 
(4) Patents shall not be granted in respect of 
(i) inventions the exploitation of which 
would be contrary to law and order or mo­
rality, or 
Industrimin., j.nr. (ii) species of plants or animals or essential 
biological processes for the production of 
plants or animals. Patents may, however, 
be granted for microbiological processes 
and the products thereof. 
Section 2 
(1) Patents shall be granted only for inven­
tions which are new in relation to the state of 
the art prior to the date of filing of the patent 
application and which, moreover, differ essen­
tially therefroffi. 
(2) The state of the art shall be held to com­
prise everything made available to the public 
by means of a written description, lecture, ex­
ploitation or in any other way. The contents of 
patent applications filed in this country before 
the said date of filing shall also be regarded as 
comprised in the state of the art, if such appli­
cations are made available to the public in ac­
cordance with the rules in section 22 of this Act. 
The same shall apply to the contents ofapplica­
tions for registration of utility models filed in 
this country before the said date of filing, if 
such applications are made available to the 
public in accordance with the rules relating to 
utility models. The requirement in subsection 1 
hereof to the effect that the invention shall dif­
fer essentially from the state of the art shall, ho­
wever, not apply in relation to the contents of 
such applications. 
(3) Provisions to the effect that for the purpo­
ses of subsection 2 hereof applications provi­
ded for in Part 3 of this Act shall in certain cases 
have the same effect as patent applications fi-led in this country are laid down in sections 29 
and 38 of this Act. 
(4) The requirement under subsection 1 here­
of that inventions shall be new shall not prevent 
the grant of patents for known substances or 
compounds for use in the methods referred to 
in section 1 (3) of this Act, provided that the use 
of such substance or compound is not known 
for any of those methods. 
(5) Patents may, however, be granted for in­
ventions irrespective of the fact that they have 
been made available to the public within the 
last 6 months prior to the filing of the applica­
tion, if this is a consequence of 
(i) evident abuse in relation to the applicant 
or his legal predecessor, or 
(ii) the fact that the applicant or his legal pre­
decessor has displayed the invention at an 
official, or officially recognized, interna­
tional exhibition falling within the terms 
of the Convention on International Exhi­
bitions, signed at Paris on 22 November 
1928. 
Section 3 
(1) The exclusive right conferred by a patent 
shall imply that no one, except the proprietor of 
the patent, may without permission exploit the 
invention 
(i) by making, offering, putting on the market 
or using a product which is the subject­
matter of the patent, or by importing or 
possessing the product for these purposes, 
or 
(ii) by using a process which is the subject­
matter of the patent or by offering the pro­
cess for use in this country, if the person 
offering the process knows, or it is obvious 
in the circumstances that the use of the 
process is prohibited without the consent 
of the proprietor of the patent, or 
(iii) by offering, putting on the market or using 
a product obtained by a process which is 
the subject-matter of the patent or by im­
porting or possessing the product forthese 
purposes. 
(2) The exclusive right shall also imply that 
no one, except the proprietor of the patent, may 
without permission exploit the invention by 
supplying or offering to supply any person who 
is not entitled to exploit the invention with me­
ans for working it in this country, if these means 
relate to an essential element of the invention IP/N/IIDNKJPIl 
Page 3 
and the person supplying or offering to supply 
the means knows, or it is obvious in the circum­
stances, that these means are suitable and in­
tended for such use. This provision shall not 
apply when the means are staple commodities, 
except when the person supplying or offering 
to supply the means induces the person suppli­
ed to commit acts as referred to in subsection 1 
hereof. For the purposes of the 1st and 2nd 
clause hereof, persons performing acts as refer­
red to in subsection 3 (i), (iii) or (iv) hereofshall 
not be considered entitled to exploit the inven­
tion. 
(3) The exclusive right shall not extend to: 
(i) acts done for non-commercial purposes, 
(ii) acts concerning products put on the mar­
ket in this country by the proprietor of the 
patent or with his consent, 
(iii) acts done for experimental purposes rela­
ting to the subject-matter of the patented 
invention, or 
(iv) preparation in a pharmacy of a medicinal 
product according to a prescription in in­
dividual cases or acts concerning the me­
dicinal product so prepared. 
(4) In respect of acts concerning products 
put on the market in another Member State 
which has ratified or acceded to the Agreement 
relating to Community Patents, Articles 76 and 
81 (3) of the Community Patent Convention 
shall apply. 
Section 4 
(1) Any person who, at the time when the pa­
tent application was filed, was exploiting the 
invention commercially in this country may, 
notwithstanding the grant of a patent, continue 
such exploitation retaining its general charac­
ter, provided that the exploitation did not con­
stitute an evident abuse in relation to the appli­
cant or his legal predecessor. Such a right of ex­
ploitation shall also, under similar conditions, 
be enjoyed by any person who had made sub­
stantial preparations for commercial exploita­
tion of the invention in this country. 
(2) The right provided for-in subsection 1 he­
reof shall only be transferred to others together 
with the business in which it has arisen or in 
which the exploitation was intended. 
Section 5 
(1) Notwithstanding a patent having been IPIN/l/DNKlP/l 
Page 4 
granted for an invention, persons other than 
the proprietor of the patent may exploit the in­
vention by the use of a foreign vehicle, vessel or 
aircraft when it temporarily or accidentally en­
ters this country. 
(2) The Minister of Industry may direct that, 
notwithstanding the grant of a patent, spare 
parts and accessories for aircraft may be impor­
ted into and used in this country for the repair 
of aircraft belonging to a foreign state which 
grants similar rights in respect of Danish air­
craft. 
Section 6 
(1) Application for a patent of an invention 
which no earlier than 12 months prior to the da­
te of application has been stated in an applica­
tion relating to patent or utility model registra­
tion in this country or patent, inventor's certifi­
cate or utility model protection in another 
country which has joined the Paris Convention 
of 20th March 1883 concerning the protection 
of industrial ownership shall in relation to sec­
tions 2(1), 2(2) and 2(4) together with section 4 
of this Order on request be seen as being filed at 
the same time as the earlier application. The sa­
me right of priority shall apply even if the ap­
plication for protection does not originate from 
a country which has joined the convention 
when an identical priority from a Danish pa­
tent application or utility model application 
pursuant to bilateral or multilateral agreement 
is allowed in the country in which the earlier 
application was filed and this is on conditions 
and with effects which substantially comply 
with the convention. 
(2) The Minister of Business and Industry 
shall lay down the particulars of the right to 
claim such priority. 
Part 2 
Patent applications and examination and other 
processing thereof, etc. 
Section 7 
(1) The Patent Authority of this country shall 
be the Patent Office, headed by a Director Ge­
neral, and the Patent Board of Appeal (Board 
of Appeal for Industrial Property). For the pur­
poses of this Act, the' Patent Authority' means 
the Patent Authority of this country unless ot­
herwise stated. (2) The Patent Board of Appeal shall be esta­
blished by the Minister of Industry for the exa­
mination of appeals from decisions of the Pa­
tent Office, cf. sections 25 and 67 of this Act, 
and appeals from decisions pursuant to the Da­
nish Designs Act, the Danish Trade Marks Act, 
etc. The Patent Board of Appeal shall consist of 
not more than 18 members who shall be ap­
pointed for a term of 5 years. 2 of the members, 
one of whom shall be the chairman, shall pos­
sess the general qualifications for appointment 
to the office of High Court judge whereas the 
other members together shall possess the best 
possible expert knowledge of patents, designs, 
trade marks and matters placed under the aut­
hority of the Patent Board of Appeal by other 
legislation. They shall be graduates from the 
Technical University of Denmark (Danmarks 
Tekniske H0jskole), another institution of hig­
her education or have acquired the necessary 
expert knowledge in another way. 
(3) Having regard to the circumstances of 
each particular case, the chairman shall decide 
which and how many of the members of the 
Board are to partIcipate in the examination of 
the case. 
(4) The Minister of Industry shall lay down 
further rules for the activities of the Patent 
Board of Appeal including rules relating to 
proceedings and rules to the effect that the ap­
pellant shall pay a fee for the examination of an 
appeal. 
Section 8 
(1) An application for a patent shall be filed 
in writing with the Patent Authority or, in the 
cases referred to in Part 3 of this Act, with the 
patent authority of a foreign state or with an in­
ternational orgarusation. 
(2) The applicanon shall contain a descrip­
tion of the invention, including drawings where 
necessary, and a precise statement of the matter 
for which protection by the patent is sought 
(one or more clauns). The fact that the inven­
tion relates to a chemical compound shall not 
imply that specific use must be indicated in the 
claim. The descnption shall be sufficiently cle­
ar to enable a person skilled in the art to carry 
out the invention. An invention which relates to 
a microbiological process or to a product obtai­
ned by such a process shall, in the cases specifi­
ed in section 8 a of this Act, only be regarded as disclosed in a sufficiently clear manner, if also 
the requirements of section 8 a are fulfilled. 
(3) The application shall also contain an abs­
tract of the description and claims. The abstract 
shall merely serve for use as technical informa­
tion and may not be taken into account for any 
other purpose. 
(4) The name of the inventor shall be indica­
ted in the application. If the applicant is not the 
inventor, he shall prove his right to the inven­
tion. 
(5) The applicant shall pay the prescribed 
application fee. For the patent application the 
prescribed renewal fee in respect of each fee ye­
ar beginning before the application is finally 
decided upon shall also be paid. The fee year 
shall comprise 1 year and shall the first time be 
reckoned from the date of filing of the applica­
tion and thereafter from the corresponding day 
of the calendar year. 
Section 8 a 
(1) If, in order to carry out the invention, this 
involves the use of a micro-organism which is 
neither available to the public nor describable 
in the documents of the application so as to 
enable a person skilled in the art to carry out 
the invention, a culture of the micro-organism 
shall be deposited not later than on the date of 
filing of the application. The culture shall the­
reafter always be deposited in such manner that 
any person entitled under this Act to a sample 
of the culture may have the sample furnished in 
Denmark. The Minister of Industry shall lay 
down rules as to where deposits may be made. 
(2) If a deposited culture ceases to be viable, 
or iffor any other reason a sample of the cultu­
re cannot be furnished, the culture may be re­
placed by a new culture of the same microorga­
nism within the prescribed period and otherwi­
se in accordance Wlth rules lai9 down by the 
Minister of Industry. If so, the new deposit 
shall be deemed to have been made already on 
the date of the previous deposit. 
Section 9 
If the applicant so requests and pays the 
prescribed fee, the Patent Authority shall, in ac­
cordance with rules laid down by the Minister 
of Industry, cause the application to be sear­
ched by an International Searching Authority 
under the provisions of Article 15 (5) of the Pa-IPINIlIDNKlPII 
Page 5 
tent Cooperation Treaty, done at Washington 
on 19 June 1970. 
Section 10 
In the same application a patent may not be 
applied for in respect of two or more mutually 
independent inventions. 
Section 11 
If a patent is applied for in respect of an in­
vention which is disclosed by the applicant in 
an earlier patent application in which no final 
decision has been given, the later application 
shall, at the request of the applicant and on the 
conditions laid down by the Minister of Indu­
stry, be deemed to have been filed at the time 
when the documents disclosing the invention 
were received by the Patent Authority. 
Section 12 
If the applicant is not a resident of this coun­
try, he shall have an agent residing in this coun­
try to represent him in all matters concerning 
the application. 
Section 13 
An application for a patent may not be 
amended in such a way that protection is clai­
med for subject-matter which was not disclosed 
in the application at the time when it was filed. 
Section 14 
(Repealed). 
Section 15 
(1) If the applicant has not complied with the 
requirements of the application, or if the Patent 
Authority has other objections to the acceptan­
ce of the application, the applicant shall be no­
tified accordingly and be inVIted to file his ob­
servations or to correct the application within a 
time limit to be specified. The Patent Authority 
may, however, make such amendments in the 
abstract as it finds necessary without consul­
ting the applicant. 
(2) If the applicant fails to file the required 
observations or to take steps to correct the ap­
plication within expiry of the time limit, the ap­
plication shall be shelved. The notification re-IPINI1/DNKlPIl 
Page 6 
ferred to in subsection 1 hereof shall contain in­
formation to that effect. 
(3) The examination of the application shall, 
however, be resumed if the applicant submits 
his observations or takes steps to correct the ap­
plication within 4 months after expiry of the 
specified time limit and pays the prescribed re­
sumption fee. 
(4) Ifany renewal fee is not paid according to 
sections 8,41 and 42 of this Act, the application 
shall be shelved without previous notification. 
In the case of an application shelved for that re­
ason the proceedings for grant may not be resu­
med. 
Section 16 
If, after having received the applicant's rep­
ly, the Patent Authority still has objections to 
the acceptance of the application, and the ap­
plicant has had an opportunity to comment on 
the objections, the application shall be refused, 
unless the Patent Authority considers it neces­
sary once more to invite the applicant under 
section 15 (1) of this Act. 
Section 17 
(1) If any person claims before the Patent 
Authority that he, and not the applicant, is en­
titled to the invention, the Patent Authority 
may, ifit finds the question doubtful, invite him 
to bring it before the courts within a time limit 
to be specified. If the invitation is not complied 
with, the Patent Authority may disregard the 
claim when deciding on the patent application. 
Information to that effect shall be given in the 
invitation. 
(2) If legal proceedings have been instituted 
concerning the right to an invention for which a 
patent has been applied for, the proceedings 
for grant may be suspended, until a final deci­
sion has been given in the legal proceedings. 
Section 18 
(1) If any person proves to the Patent Autho­
rity that he, and not the applicant, is entitled to 
the invention, the Patent Authority shall trans­
fer the application to the said person, if he so 
requests. The transferee shall pay a new appli­
cation fee. 
(2) If a request has been made for the transfer 
of a patent application, the application shall not be shelved, refused or accepted until a final 
decision has been made on request. 
Section 19 
(1) If the application complies with the re­
quirements, and no objections have been found 
to the grant ofa patent, and it has been establis­
hed that the applicant approves the text on the 
basis of which patent may be granted, the Pa­
tent Authority shall notify the applicant to the 
effect that patent may be granted against pay­
ment of the prescribed fee for publication of the 
patent specifications. 
(2) After the Patent Authority has submitted 
notification as mentioned in subsection 1 the 
patent claims shall not be amended in such a 
manner that the scope of the patent protection 
is extended. 
(3) The fee for publication of the patent spe­
cifications shall be paid within 2 months after 
the Patent Authority has forwarded a notifica­
tion under subsection 1 hereof. Failure to do so 
shall cause the application to be shelved. H 0-
wever, proceedings will be resumed, if the ap­
plicant pays the patent grant fee and the pres­
cribed resumption fee within 4 months after ex­
piry of the time limit. 
Section 20 
(1) When the requirements in section 19 of 
this Act have been complied with, the Patent 
Authority shall grant the patent and issue let­
ters patent. The grant of patent shall be adverti­
sed at the same time. 
(2) Patent specifications including descnp­
tion, claims and abstract, shall be obtainable 
from the Patent Authority at the same time as 
the grant of patent is advertised. The patent 
specifications shall state the proprietor of the 
patent and the inventor. 
Section 21 
(1) Any person shall be entItled to file an op­
position WIth the Patent Authority against a pa­
tent which has been granted. The opposition 
shall be made in writing stating the grounds on 
which the opposition is filed and shall be su b­
mitted to the Patent Authority within 9 months 
from advertisement of the grant of patent. The 
opposition shall be accompanied by the pres­
cribed fee. (2) An opposition shall only be filed on the 
grounds that the patent has been granted irres­
pective of the fact that 
(i) the requirements in sections 1 and 2 of this 
Act are not complied with, 
(ii) it relates to an invention which has not be­
en described in a sufficiently clear manner 
as to enable a person skilled in the art to 
carry out the invention on the basis of the 
description, or 
(iii) the subject-matter extends beyond the 
contents of the application filed. 
(3) The Patent Authority shall advertise the 
filing of an opposition. 
Section 22 
(1) As from the date on which patent is gran­
ted, the files of the application shall be availa­
ble to the public. 
(2) When 18 months have elapsed from the 
date offiling or, ifpriority has been claimed un­
der section 6 of this Act, from the date on which 
priority is claimed, the files shall be available to 
the public, even if patent has not been granted. 
Ifa decision has been made to shelve or to refu­
se the application, the files shall, however, not 
be available unless the applicant requests re­
sumption of the proceedings, appeals against 
the refusal or requests re-establishment of 
rights under sections 72 or 73 of this Act. 
(3) At the request of the applicant, the files 
shall be made available earlier than prescribed 
in subsections 1 and 2 hereof. 
(4) When the files are made available under 
subsection 2 or 3 hereof, a notice to that effect 
shall be published. 
(5) If a document contains business secrets 
which do not relate to an invention for which 
patent is applied for or has been granted, the 
Patent Aufhority may, on request, when cir­
cumstances make it desirable, q.ecide that the 
document shall not be available or only availa­
ble in part. If such a request has been filed, the 
document shall not be made available until a 
decision has been made or during the period 
within which the declsIon may be appealed 
against. An appeal shall have suspensive effect. 
(6) If a culture of a micro-organism has been 
deposited under section 8 a of this Act, any per­
son shall have the right to obtain a sample of 
the culture when the files become available un­
der subsections 1, 2 or 3 hereof. This does not 
imply, however, that any sample shall be fur-IPINI 1 IDNKlP/l 
Page 7 
nished to any person who, according to the ru­
les laid down in or pursuant to law, is not allo­
wed to handle the deposited micro-organism. 
Nor shall any sample be furnished to any per­
son if, due to the dangerous properties of the 
organism, his handling of the sample is suppo­
sed to involve obvious danger. 
(7) Notwithstanding subsection 6 hereof, the 
applicant may request that until a patent has 
been granted or the application has been finally 
decided upon without having resulted in the 
grant of a patent the furnishing of a sample 
shall only be effected to an expert in the art. 
The Minister of Industry shall lay down provi­
sions governIng the time limit for the submis­
sion of such a request and prescribing who may 
be used as an expert. 
(8) The request for the furnishing of the sam­
ple shall be filed in writing with the Patent Aut­
hority and shall contain a declaration to obser­
ve the restrictions on the use of the sample 
which appear from rules laid down by the Mi­
nister of Industry. If the sample is to be furnis­
hed to an expert in the art, the declaration shall 
instead be given by the latter. 
Section 23 
(1) If an opposition has been filed, the pro­
prietor of the patent shall be notified accor­
dingly and be given an opportunity to file his 
observations on the opposition. 
(2) The Patent Authority may examine an op­
position even though the patent has terminated 
or will terminate under sections 51, 54 or 96 of 
this Act, even if the opposition is withdrawn, or 
even if the opponent dies or loses his capacity 
to enter into legal transactions. 
(3) The Patent Authority may revoke a patent 
or maintain It unamended or amended. If the 
Patent Authority finds that the patent may be 
maintained as amended, and it has been esta­
blished that the proprietor of the patent con­
sents to tills, the patent specifications shall be 
amended accordingly after the proprietor of 
the patent has paid the prescribed fee for publi­
canon hereof. Copies of the amended patent 
specifications shall be obtainable from the Pa­
tent Authority. 
(4) If the proprietor of the patent does not 
approve the maintenance of the patent as 
amended or does not pay the fee for publica­
tion of new patent specifications in time, the 
patent shall be revoked. IP/NII1DNKlPI 1 
Page 8 
(5) The Patent Authority shall advertise its 
decision on the opposition. 
Section 24 
(1) An appeal from the final decision of the 
Patent Office concerning a patent application 
may be filed by the applicant with the Patent 
Board of Appeal. The proprietor of the patent 
may file an appeal with the Patent Board of Ap­
peal, if a patent has been revoked, or if the Pa­
tent Office finds that the patent may be main­
tained as amended following an opposition. 
The opponent may file an appeal with the Pa­
tent Board of Appeal, if a patent is maintained 
unamended, or if the Patent Office finds that 
the patent may be maintained as amended de­
spite a duly filed opposition. If the opponent 
withdraws his appeal, such appeal may nevert­
heless be examined when circumstances make 
it desirable. 
(2) Decisions refusing a request for resump­
tion under section 15 (3), or section 19 (3) of 
this Act or complying with a request for trans­
fer under section 18 of this Act may be appe­
aled against by the applicant. Decisions rejec­
ting a request for the transfer of the application 
may be appealed against by the person making 
the request. 
(3) Decisions refusing a request under sec­
tion 22 (5) of this Act may be appealed against 
by the person making the request. 
Section 25 
(1) Appeals under section 24 of this Act shall 
be filed with the Patent Board of Appeal not la­
ter than 2 months after the date on which the 
party concerned was notified of the decision by 
the Patent Office. The prescribed fee shall be 
paid within the same time limit. Failure to do so 
shall cause the appeal to be refused. 
(2) The decisions of the Patent Board of Ap­
peal may not be brought before any higher ad­
ministrative authority. 
(3) Proceedings to test decisions of the Patent 
Office which may be appealed against to the 
Patent Board of Appeal may not be brought be­
fore the courts until the decision of the Patent 
Board of Appeal has been given, cf. however 
sections 52 and 53 of this Act. Proceedings to 
test decisions by which the Patent Board of Ap­
peal refuses an application for a patent orrevo­
kes a patent shall be brought within 2 months after the date on which the party concerned was 
notified of the decision. 
(4) The provisions of section 22 (5) of this Act 
shall apply mutatls mutandis with respect to 
documents received by the Patent Board of Ap­
peal. 
Section 26 
If an application which is available to the 
pu blic is finally refused or shelved, notice here­
of shall be published. 
Section 27 
Granted patents shall be entered in a Regi­
ster of Patents which shall be kept by the Patent 
Authority. 
Part 3 
International patent applications 
Section 28 
(1) An 'international patent application' me­
ans an application under the Patent Coopera­
tion Treaty, done at Washington on 19 June 
1970. 
(2) An international patent application shall 
be filed with a patent authority or an internatio­
nal organisation which is competent under the 
Treaty and the Regulations to receive such ap­
plication (receiving Office). An international 
patent application may be filed with the Patent 
Authority of this country in accordance with 
rules laid down by the Minister of Industry. 
The applicant shall pay the fee prescribed for 
the application to the Patent Authority. 
(3) The proviSIons of sections 29 to 38 of this 
Act shall apply to international patent applica­
tions designating Denmark. 
Section 29 
An international patent application which 
has been accorded an international filing date 
by the receiving Office shall have the same ef­
fect as a patent application filed in this country 
on that date. The provision of section 2 (2), 2nd 
clause, of this Act shall, however, not apply un­
less the application has been proceeded with 
under section 31 of this Act. 
Section 30 
An internatIonal patent application shall be considered withdrawn as far as Denmark is 
concerned in the cases referred to in Article 24 
(1), (i) and (ii), of the Treaty. 
Section 31 
(1) If the applicant wishes to proceed with an 
international application with respect to Den­
mark, he shall within 20 months from the inter­
national date of filing or, if priority is claimed, 
from the priority date pay the prescribed fee to 
the Patent Authority and file a translation into 
Danish of the international application to the 
extent prescribed by the Minister of Industry 
or, if the application is written in Danish, a co­
py of the application. 
(2) If a request is made by the applicant to 
su bject an international application to an inter­
national preliminary examination, and if wit­
hin 19 months from the date referred to in sub­
section 1 hereofhe declares, in accordance with 
the Treaty, that he intends to use the results of 
that examination in Denmark (election of Den­
mark), he shall comply with the requirements 
of subsection 1 hereof within 30 months from 
the said date. 
(3) If the applicant has paid the prescribed 
fee within the time limits fixed in subsections 1 
and 2 hereof, the prescribed translation or copy 
may be filed within a further period of2 months 
provided that a prescribed additional fee is 
paid prior to expiry of the further period. 
(4) If the applicant fails to fulfil the require­
ments of this section, the application shall be 
considered withdrawn as far as Denmark is 
concerned. 
Section 32 
If the applicant withdraws a request for an 
international preliminary examination or an 
election of Denmark, the international patent 
application shall be considered ·.withdrawn as 
far as Denmark is concerned, unless the 
withdrawal has been effected prior to the expi­
ry of the time limit applicable under section 31 
(1) of this Act, and the applicant proceeds with 
the application prior to the expiry of the time 
limits laid down in section 31 (1), cf. subsection 
3, of this Act. 
Section 33 
(1) When an international patent application 
has been proceeded with under section 31 of IPIN/lIDNKlPIl 
Page 9 
this Act, the provisions of Part 2 of this Act 
shall apply to the application and the examina­
tion and further processing thereof with the de­
viations provided for in this section and in sec­
tions 34 to 37 of this Act. The examination and 
further processing of the application shall only 
be commenced prior to the expiry of the time 
limits applicable under section 31 (1) or (2) of 
this Act, if the applicant so requests. 
(2) The provision of section 12 of this Act 
shall only be applicable as from the time when 
the Patent Authority may commence the exa­
mination and other processing of the applica­
tion. 
(3) The provisions of section 22 (2) and (3) of 
this Act shall apply even before the application 
has been proceeded with when the applicant 
has complied with his obligation under section 
31 of this Act to file a translation of the applica­
tion or, if the application is written in Danish, 
when the applicant has filed a copy thereof 
with the Patent Authority. 
(4) For the purposes of sections 48,56 and 60 
of this Act, an international patent application 
shall be deemed to have been made available to 
the public when it has been made available un­
der subsection 3 hereof. 
(5) If the application complies with the re­
quirements relating to form and contents provi­
ded for in the Treaty, it shall be accepted in that 
respect. 
Section 34 
Patent shall only be granted or refused in res­
pect of an international patent application after 
expiry of the time limit laid down by the Mini­
ster of Industry, unless the applicant has con­
sented to the application being decided upon 
prior thereto. 
Section 35 
Without the consent of the applicant, the Pa­
tent Authority shall not grant a patent for an in­
ternational patent application or publish it 
prior to its publication by the International Bu­
reau of the World Intellectual Property Organi­
zation (WIPO) or prior to the expiry of 20 
months from the international filing date or, if 
priority is claimed, from the date of priority. 
Section 36 
(1) If any part of an international patent ap-IP/N/I/DNKlPll 
Page 10 
plication has not been the subject of an interna­
tional search or an international preliminary 
examination because the application has been 
deemed to relate to two or more mutually inde­
pendent inventions, and the applicant has not 
paid the additional fee under the Treaty within 
the prescribed time limit, the Patent Authority 
shall review the finding to determine whether it 
was justified. If this is found to be the case, the 
said part of the application shall be considered 
withdrawn before the Patent Authority, unless 
the applicant pays the prescribed fee within 2 
months after the date on which the Patent Aut­
hority notified him of the result of the review. If 
the Patent Authority considers that the finding 
was not justified, it shall proceed with the exa­
mination and other processing of the applica­
tion in its entirety. 
(2) The applicant may appeal against a deci­
sion under subsection 1 hereofby which an ap­
plication is found to relate to two or more mu­
tually independent inventions. The provisions 
of section 25 (1) to (3) of this Act shall apply 
mutatis mutandis. 
(3) If the appeal is dismissed, the time limit 
for payment of the fee under subsection 1, 2nd 
clause, hereof shall be calculated from the date 
on which the final decision is given. 
Section 37 
If any part of an international application 
has not been the subject of an international pre­
liminary examination because the applicant 
has restricted the claims at the demand of the 
International Preliminary Examination Autho­
rity, that part of the application shall be consi­
dered withdrawn before the Patent Authority, 
unless the applicant pays the prescribed fee 
within 2 months after the date on which the Pa­
tent Authority invited rum to pay with referen­
ce to the restnction of the examination carried 
out. 
Section 38 
(1) Ifa receIving Office has refused to accord 
an international filing date to an internatIonal 
patent application, or if it has decided that the 
application or the designation of Denmark 
shall be considered withdrawn, the Patent Aut­
hority shall, at the request of the applicant, re­
view the decision to determine whether it was 
justified. The same shall apply to any decision from the International Bureau according to 
which an application shall be considered 
withdrawn. 
(2) A request for a review under subsection 1 
hereof shall be presented to the International 
Bureau prior to the expiry of a time limit laid 
down by the Minister of Industry. The appli­
cant shall, prior to the expiry of the same time 
limit and to the extent prescribed by the Mini­
ster of Industry, file a translation of the appli­
cation with the Patent Authority and pay the 
prescribed application fee. 
(3) If the Patent Authority finds that the deci­
sion of the receiving Office or the Internationai 
Bureau was not justified, the Patent Authority 
shall examine and process the application u n­
der Part 2 of this Act. If no international filing 
date has been accorded by the receiving Office, 
the application shall be deemed to have been 
filed on the date which in the opinion of the Pa­
tent Authority should have been accorded as 
the international filing date. If the application 
complies with the requirements relating to 
form and contents provided for in the Treaty, It 
shall be accepted in that respect. 
(4) The provision of section 2 (2), 2nd clause, 
of this Act shall apply to applications to be exa­
mined and processed pursuant to subsection 3 
hereof, provided that the application is made 
available to the public under section 22 of this 
Act. 
Part 4 
Extent of the protectIOn and term of the patent 
Section 39 
The extent of the protection conferred by a 
patent shall be determIned by the claims. For 
the interpretation of the claims the description 
may serve as a guide. 
Section 40 
A granted patent may be maintained until 20 
years have elapsed from the date offiling of the 
patent application. A renewal fee shall be paId 
for the patent in respect of each fee year begin­
ning after the grant of the patent. Part 5 
Payment of renewal fee 
Section 41 
(1) The renewal fee shall fall due on the last 
day of the month in which the fee year begins. 
The renewal fee in respect of the first two fee 
years shall, however, only fall due at the same 
time as the fee in respect of the third fee year. 
Renewal fees may not be paid earlier than 3 
months before the due date. 
(2) For a later application as provided for in 
section 11 of this Act, the renewal fee in respect 
of fee years having begun before the date of fi­
ling of the later application or beginning within 
2 months after that date shall in no case fall due 
before 2 months have elapsed after the said da­
te. For an international patent application, re­
newal fees in respect of fee years having begun 
before the date on which the application was 
proceeded with under section 31 of this Act or 
taken up for examination and other processing 
under section 38 of this Act or beginning within 
2 months after that date shall in no case fall due 
before 2 months have elapsed after the date on 
which the application was proceeded with or 
taken up for examination and other processing. 
(3) Any renewal fee may, together with the 
prescribed additional fee, be paid within 6 
months after its due date. 
Section 42 
(1) If the inventor is the applicant or the pro­
prietor of the patent, and if it is deemed to in­
volve great difficulties for him to pay the rene­
wal fees, the Patent Authority may grant him a 
respite for the payment thereof, provided that a 
request to that effect is submitted not later than 
on the date on which the renewal fees fall due 
for the first time. Respites may be granted for 
up to 3 years at a time, but no lo~ger than until 
3 years have elapsed from the grant of the pa­
tent. Any request for a prolongation of a respite 
shall be submitted not later than on the date on 
which the granted respite expires. 
(2) If a request fora respite ora prolongation 
ofa respite is refused, payment within 2 months 
thereafter shall be regarded as payment in due 
time. 
(3) Any renewal fee for the payment of which 
a respite has been granted according to subsec­
tion 1 hereof may, together with the same addi­
tional fee as referred to in section 41 (3) of this IP INIlIDNKJP 11 
Page 11 
Act, be paid within 6 months after the date until 
which the respite has been granted. 
Part 6 
Licensing, transfer, etc. 
Section 43 
If the proprietor of the patent has granted 
another person a right to exploit the invention 
commercially (license), the licensee may not 
transfer that right to others in the absence of an 
agreement to the contrary. 
Section 44 
(1) The transfer of a patent, the grant of a li­
cense, pledging or execution proceedings shall 
on request be recorded in the Register of Pa­
tents. 
(2) Ifit is proved that a registered license has 
terminated, the license shall be deleted from 
the Register. 
(3) The provisions of subsections 1 and 2 he­
reof shall also apply to compulsory licenses 
and rights under section 53 (2) of this Act. 
(4) Legal proceedings in respect of a patent 
may always be brought against the person who 
is entered in the Register as proprietor of the 
patent, and any notification from the Patent 
Authority may be sent to him. 
Section 45 
(1) If a patented invention is not worked to a 
reasonable extent in this country when 3 years 
have elapsed from the grant of the patent and 4 
years have elapsed from the filing of the patent 
application, any person wishing to work the in­
vention in this country may obtain a compUlso­
ry license to do so, unless there are legitimate 
reasons for failure to work the invention. 
(2) The Minister of Business and Industry 
may direct that for the purposes of subsection 1 
hereof working of the Invention in another 
country shall be equivalent to working in this 
country. Such a provision may be made s.ubject 
to reciprocity. 
Section 46 
(1) The proprietor of a patent for an inven­
tion, the use of which is dependent on a patent 
or a registered utility model which belongs to 
another person may obtain compulsory license IPIN/1/DNKJP/1 
Page 12 
for use of the protected invention of the latter 
patent or the protected model on utility model 
registration if the former invention makes up 
an essential technical progress of substantial 
economic importance. 
(2) The proprietor of the patent of the inven­
tion or of the registered utility model for which 
use compulsory license has been granted pur­
suant to the provision in (1) shall on reasonable 
terms be able to obtain compulsory license for 
use of the other invention. 
Section 47 
When required by important public interests, 
any person who wishes to exploit an invention 
commercially for which another person holds a 
patent may obtain a compulsory license to do 
so. 
Section 48 
(1) Any person who, in this country, at the ti­
me when a patent application was made availa­
ble to the public, was commercially exploiting 
the invention for which a patent is applied for, 
may, if the application results in a patent, ob­
tain a compulsory license to exploit the inven­
tion, ifvery special circumstances make it desi­
rable, and he had no knowledge and could not 
reasonably have obtained any knowledge of 
the application. Such a right shall also, under 
similar conditions, be enjoyed by any person 
who had made substantial preparations for 
commercial exploitation of the invention in 
this country. 
(2) Such a compulsory license may include 
the time preceding the grant of the patent. 
(3) The Minister of Business and Industry 
may direct that for the purposes of subsection 1 
hereof exploitation of the invention in another 
country shall be equivalent to exploitation in 
this country. Such a provision may be made su­
bject to reciprocity. 
Section 49 
(1) Compulsory license shall only be granted 
to persons who by agreement have not been 
able to obtain license on reasonable terms and 
who may be regarded as being able to make use 
of the invention in a reasonable and proper 
manner and in compliance with the license. 
(2) A compulsory license shall not prevent 
the proprietor of the patent from exploiting the invention himself or from granting licenses to 
others. 
(3) Compulsory license can only be transfer­
red to others together with the establishment in 
which it is used or in which the utilisation was 
intended. For compulsory license filed in ac­
cordance with Section 46(1) it shall moreover 
be applicable that transfer of compulsory licen­
se shall take place together with the patent the 
use of which is dependent on a patent or a regi­
stered utility model which belongs to another 
person. 
(4) Compulsory license concerning semicon­
ductor technology can only be filed for public, 
non-commercial use or for terminating an anti­
competitive practice, which has been establis­
hed by decree or administrative decision. 
Section 50 
The Copenhagen Maritime and Commercial 
Court shall decide as the court of first instance 
whether a compulsory license shall be granted 
and shall also determine the extent to which the 
invention may be exploited, fix the compensa­
tion and lay down the other terms of the com­
pulsory license. If circumstances should chan­
ge considerably, the Court may, at the request 
of either party, cancel the license or lay down 
new terms of the license. 
Part 7 
Termination a/patent, administrative 
re-examination, etc. 
Section 51 
If any renewal fee is not paid in accordance 
with the rules laid down in sections 40, 41 and 
42 of this Act, the patent shaUlapse as from the 
beginning of the fee year in respect of which the 
fee has not been paid. 
Section 52 
(1) A patent may be revoked by a court deci­
sion if: 
(i) it has been granted notwithstanding that 
the requirements under sections 1 and 2 of 
this Act are not complied with, 
(ii) it relates to an invention which is not dISC­
losed in a manner sufficiently clear to ena­
ble a person skilled in the art to carry out 
the invention, (Hi) its subject-matter extends beyond the con­
tents of the application as filed, or 
(iv) the protection conferred by the patent has 
been extended after the Patent Authority 
has notified the applicant that patent will 
be granted. 
(2) A patent may, however, not be revoked in 
its entirety on the ground that the proprietor of 
the patent was only partially entitled to the pa­
tent. 
(3) With the exceptions provided for in sub­
section 4 hereof proceedings may be instituted 
by any person. 
(4) Proceedings on the ground that the patent 
has been granted to another person than the 
one entitled thereto under section 1 of this Act , 
may only be instItuted by the person claiming 
to be entitled to the patent. Such proceedings 
shall be brought within 1 year after the entitled 
person obtained knowledge of the grant of the 
patent and of the other circumstances on which 
the proceedings are based. I f the proprietor of 
the patent was in good faith when the patent 
was granted or when he acquired the patent, 
the proceedings may not be brought later than 
3 years after the grant of the patent. 
Section 53 
(1) If a patent has been granted to another 
person than the one entitled thereto under sec­
tion 1 of this Act, the court shall transfer the pa­
tent to the entitled person, if he so claims. The 
provisions of section 52 (4) of this Act concer­
ning the time for institution of the proceedings 
shall apply mutatIs mutandis. 
(2) The person who is deprived of the patent 
shall, ifhe in good faith is exploiting the inven­
tion commercially in this country or has made 
substantial preparations for such exploitation, 
be entitled, for a reasonable compensation and 
on reasonable condinons in other respects, to 
continue the exploitation already commenced 
or to implement the planned exploitation retai­
ning its general character. Such a right shall al­
so, under the same conditions, be enjoyed by 
holders of registered licenses. 
(3) RIghts under subsection 2 hereof may on­
ly be transferred to others together with the bu­
siness in which they are exploited or in which 
the exploitation was intended. IP!NI 1 IDNKIP 11 
Page 13 
Section 53 a 
Proceedings instituted concerning revoca­
tion while an opposition under section 21 of 
this Act or a request for re-examination under 
se~tion 53 b of this Act has not been finally exa­
mIned by the Patent Authority, may be suspen­
ded by the court, until a final decision has been 
made by the Patent Authority. 
Section 53 b 
.(1) Any person may file a written request 
WIth the Patent Authority to the effect that a pa­
te~t granted by the Patent Authority or granted 
WIth effect for Denmark under section 75 of this 
Act be re-examined. The request shall be ac­
companied by the prescribed fee. A request 
may not be filed during the period allowed for 
opposition, or as long as an opposition has not 
been finally decided upon. 
(2) If a request for re-examination has been 
filed, the proprietor of the patent shall be noti­
fie~ to that eff~ct and shall be given an oppor­
tunIty to file hIS observations. The Patent Aut­
hority shall advertise the filing of a request for 
reexamination. 
(3) The Patent Authority may examine a re­
quest for reexamination, even if the patent has 
terminated or will terminate pursuant to sec­
tions 51, 54 or 96 of this Act. The Patent Autho­
rity may also examine the request, even if the 
request is withdrawn or the person having re­
quested the re-examination dies or loses his ca­
pacity to enter into legal transactions. 
Section 53 c 
(1) A request for re-examination by persons 
other than the proprietor of the patent shall on­
ly be filed on the grounds for revocation refer­
red to in section 52 (1) of this Act. 
(2) The Patent Authority may revoke the pa­
tent or maintaIn the patent, amended or una­
mended. The Patent Authority shall examine 
whether the request can be met and, if so, whet­
he.f"the gro~nds referred to in section 52 (1) of 
this Act wIll prevent the patent from being 
maintained as amended. 
Section 53 d 
(1) If a request from persons other than the 
proprietor of the patent cannot be met, the re-IP!N1l IDNKlP 11 
Page 14 
quest shall be refused, and the patent shall be 
maintained unamended. 
(2) If the request is met, but the patent cannot 
be maintained as amended, the Patent Authori­
ty shall revoke the patent. If the patent may be 
maintained as amended, the patent shall be 
amended accordingly, if the proprietor of the 
patent approves the amended wording of the 
Patent Authority. If the proprietor of the patent 
does not approve the amended working, the 
patent s hall be revoked. 
(3) When a final decision has been made to 
maintain a patent as amended, the proprietor 
of the patent shall pay the prescribed fee for 
publication of new patent specifications within 
the prescribed tIme hmit. Failure to pay the fee 
in time shall cause the patent to be revoked. 
(4) The Patent Authority shall advertise its 
decision on an administrative re-examination. 
Section 53 e 
(1) The proprietor of the patent himself may 
request that his patent be restricted by amen­
ding the description, claims or drawings on the 
conditions referred to in section 53 b (1) of this 
Act. 
(2) The Patent Authority shall then examine 
whether the grounds referred to in section 52 
(1) of this Act will prevent the patent from 
being maintained in the amended form desired 
by the proprietor of the patent. If the desired 
restriction can then be approved, the patent 
shall be amended accordingly, and section 53 d 
(3) and (4) of this Act shall apply mutatis mu­
tandis, however, the patent shall be declared to 
have ceased to have effect, if the fee for publica­
tion of new patent specifications is not paid in 
time. 
(3) If, on the other hand, the patent cannot be 
maintained in the desired restricted form, such 
request for restriction shall be refused. 
Section 53 f 
If a patent is amended under sections 53 d or 
53 e of this Act, copies of the new patent speci­
fications with the amended description, dra­
wings and claims shall be available from the 
Patent Authority as from the date when this is 
advertised under section 53 d (4) of this Act. 
Section 54 
(1) If the proprietor of a patent surrenders the patent in writing to the Patent Authority, 
the Patent Authority shall declare the patent to 
have ceased to have effect. 
(2) If proceedings have been instituted for 
the transfer of patent, the patent shall not be 
declared to have ceased to have effect, until a 
final decision has been given in the proce­
edings. 
Section 55 
When a patent has lapsed or has been decla­
red to have ceased to have effect or has been re­
voked or transferred to another person by a fi­
nal court decision, the Patent Authority shall 
publish a notice to that effect. 
Section 55 a 
If a patent is revoked wholly or partially, the 
patent shall, to the extent that it has been revo­
ked, be considered not to have had the effects 
referred to in section 3 of this Act already from 
the date offiling of the patent application. If a 
patent is restricted at the request of the propri­
etor of the patent, the amendment shall only ta­
ke effect from the date when a notice to that ef­
fect is advertised. 
Part 8 
Obligation to give information about paten ts 
Section 56 
(1) An applicant for a patent who invokes his 
patent application against another person, be­
fore the files of the application have become 
available to the public, shall be under an obli­
gation on request to consent to the said person 
getting access to inspect the files of the applica­
tion. If the application comprises a deposited 
culture of a micro-organism as referred to in 
section 8 a of this Act, the said person shall also 
have a right to obtain a sample of the culture. 
The provisions of section 22 (6), 2nd and 3rd 
clause, (7) and (8) of this Act shall apply in tho­
se cases. 
(2) Any person who, by direct communica­
tion to another person or in advertisements or 
by inscription on goods or their packaging or in 
any other way, indicates that a patent has been 
applied for or granted, without indicating at the 
same time the number of the application or the 
patent, shall be under an obligation to give 
such information to any person requesting it without undue delay. Ifit is not explicitly indi­
cated that a patent has been applied for or 
granted, but circumstances are such as to create 
that impression, information as to whether a 
patent has been applied for or granted shall be 
given on request without undue delay. 
Part 9 
Liability to punishment, liability for damages, 
etc. 
Section 57 
(1) I f any person infringes the exclusive right 
conferred by a patent (patent infringement), 
and the infringement is committed intentional­
ly, he shall be punished by a fine. Under aggra­
vating circumstances, including in particular if 
by the infringement an appreciable and clearly 
wrongful gain is intended, the punishment may 
be increased to simple detention or imprison­
ment up to 1 year. 
(2) If the infringement has been committed 
by a public limited liability company, a private 
limited liability company, a cooperative society 
or the like, the enterprise as such may be liable 
to a fine. If the infringement has been commit­
ted by the State, a local authority or ajoint local 
government operation, cf. section 60 in the Da­
nish Local Government Act, the State, local 
authority or joint local government operation 
as such thay be liable to a fine. 
(3) Proceedings shall be brought by the inju­
red party in case of infringement. However, 
proceedings shall be brought at the request of 
the injured party in case of infringements under 
subsection 1, 2nd clause, hereof by the public 
authorities. The cases shall then be heard as 
proceedings instituted by the police, however, 
the remedies in Part 73 of the Danish Admini­
stration of Justice Act may be applied to the sa­
me extent as in the case of proceedings institu­
ted by the Public Prosecutor. 
Section 58 
(1) Any person who intentionally or negli­
gently comrruts patent infringement shall be li­
able to pay a reasonable compensation for the 
explOItation of the invention as well as dama­
ges for the further injury which the infringe­
ment may have caused. 
(2) If any person commits patent infringe­
ment which is not intentional or due to negli­
gence, he shall be liable to pay compensation IP/NIIIDNKJPI1 
Page 15 
and damages under the provisions of subsec­
tion 1 hereof, if and to the extent this is found 
reasonable. 
Section 59 
(1) In the case of patent infringement the 
court may, to the extent this is found reasona­
ble and when so claimed, make decisions to 
prevent the abuse of products manufactured in 
accordance with the patented invention or of 
any apparatuses, tools or other articles the use 
of which would involve patent infringement. It 
may thus be decided that the article shall be al­
tered in a specified manner or destroyed or, in 
the case of a patented article, that it shall be 
surrendered to the injured party against com­
pensation. This, however, shall not apply to 
any person who in good faith has acquired the 
said article or has acquired rights in respect of 
the article, and who has not himself committed 
patent infringement. 
(2) Under very special circumstances, the 
court may, notwithstanding the provisions in 
subsection 1 hereof and when so claimed, grant 
permission to dispose freely of the products, 
apparatuses, tools and other articles referred to 
in subsection 1 hereof during the term of the 
patent or part of that term against a reasonable 
compensation and on reasonable conditions in 
other respects. 
Section 60 
(1) If any person exploits an invention com­
mercially without permission after the files of 
the application have been made available to the 
public, and the application results in a patent, 
the provisions concerning patent infrinoement • 0 , 
Wlth the exception of section 57 of this Act 
shall apply mutatis mutandis. The protectio~ 
conferred prior to grant of patent shall, howe­
ver, only extend to subject-matter disclosed 
both in the claims as worded at the time when 
t~e app~ication was made available to the pub­
hc and In the patent as granted or maintained 
in amended fonn under section 23 (3) of this 
Act. 
(2) The person concerned shall only be liable 
to the extent referred to in section 58 (2) of this 
Act to pay damages for injury caused by infrin­
gement committed prior to the advertisement 
of the grant of a patent under section 20 of this 
Act. IP/N/1/DNKlPI1 
Page 16 
(3) Claims for damages under subsection 1 
hereof shall not be statute-barred earlier than 1 
year after the grant of the patent. 
Section 61 
In proceedings for patent infringement the 
invalidity of the patent may only be put in issue 
if a claim for revocation is set up against the 
proprietor of the patent, possibly after the latter 
has been summoned under the rules laid down 
in section 63 (4) of this Act. If the patent is revo­
ked, the provisions of sections 57 to 60 of this 
Act shall not apply. 
Section 62 
(1) Any person who, in the cases referred to 
in section 56 of this Act, fails to comply with his 
obligations or gives false information shall be 
punished by a fine, provided that a severer pu­
nishment is not provided for by other legisla­
tion, and shall be liable to compensate the inju­
ry caused thereby to the extent this is found re­
asonable. 
(2) The provisions of section 57 (2) and (3) of 
this Act shall apply mutatis mutandis. 
Section 63 
(1) Any person who institutes proceedings 
for the revocation of a paten!, for the transfer of 
a patent or for the grant of a compulsory licen­
ce shall at the same time noufy the Patent Aut­
hority accordingly and by registered mail noti­
fy any licensee who is entered in the Register of 
Patents and whose address is recorded in that 
Register of the proceedings. Any person reque­
sting administrative re-examination of a patent 
shall at the same time notify the said licensees 
to that effect. Any licensee.who wishes to insti­
tute proceedings for patent infringement shall 
in a similar way notify the proprietor of the pa­
tent of the proceedings, provided that the lat­
ter's address is recorded in the Register. 
(2) If the plaintiff, or the person who has re­
quested an administrative re-examination, do­
es not prove on the day on which the case co­
mes up for trial or when a request for reexami­
nation is filed that notification under subsec­
tion 1 hereofhas been effected, the court or, in 
case of a request for reexamination, the Patent 
Authority may fix a time limit for compliance 
with the requirements of subsection 1 hereof. If the said time limit is not observed, the case 
shall be dismissed. 
(3) In proceedings for patent infringement 
brought by the proprietor of the patent the de­
fendant shall notify the Patent Authority and 
registered licensees in accordance with the ru­
les laid down in subsection 1 hereof, if he in­
tends to claim revocation of the patent. The 
provisions in subsection 2 hereof shall apply 
mutatis mutandis so that the claim for revoca­
tion shall be dismissed, if the time limit which 
has been fixed is not observed. 
(4) In proceedings for patent infringement 
brought by a licensee, the defendant may sum­
mon the proprietor of the patent to attend wit­
hout regard to his venue in order to claims 
against him that the patent be revoked. The 
provisions of Part 34 of the Administration of 
Justice Act shall apply mutatis mutandis. 
Section 64 
(1) The legal proceedings listed below shall 
be brought in the High Court as the court of 
first instance: 
(i) proceedings concerning the right to an in­
vention which is the subject-matter of an 
application for a patent, 
(ii) proceedings concerning the grant of a pa­
tent, cf. section 25 (3) of this Act, 
(iii) proceedings for the revocation of a paten t 
or for the transfer of a patent, cf. sections 
52 and 53 of this Act, and proceedings 
concerning rights under section 53 (2) of 
thIS Act, 
(iv) proceedings concerning rights under sec­
tions 4 and 74 (2) of this Act, 
(v) proceedings concerning patent infringe­
ment, and 
(vi) proceedings for the assignment ofa patent 
and proceedings concerning voluntary li­
cences. 
(2) Applicants and proprietors of patents 
who are not reSidents of this country shall, in 
the proceedings brought under this Act, be de­
emed to have their venue in Copenhagen. 
Section 64 a 
(1) If the subject-matter of a patent is a pro­
cess for the manufacture of a new product, the 
same product shall, when manufactured by any 
other person than the proprietor of the patent, 
be deemed to be manufactured on the basis of the patented process, unless evidence to the 
contrary is submitted. 
(2) In connection with the submission of evi­
dence to the contrary, the defendant's justified 
interest in protecting his manufacturing and 
business secrets shall be considered. 
Section 65 
Office copies of court decisions in the cases 
referred to in sections 50 and 64 (1) of this Act 
shall be communicated to the Patent Authority 
on the initiative of the court. 
Part 10 
Miscellaneous provisions 
Section 66 
(1) A proprietor of a patent who is not a resi­
dent of this country shall have an agent residing 
in this country and recorded in the Register of 
Patents to receive services and other notifica­
tions concerning the patent on his behalf. 
(2) If the proprietor of the patent does not 
have an agent, services, etc. may be given in the 
way prescribed in section 159 (2) of the Admi­
nistration of Justice Act. 
(3) Subject to reciprocity the Minister of In­
dustry may direct that the rules laid down in 
subsectio.n 1 hereof shall not apply to propri­
etors of patents who are residents of other 
countries or who have agents residing in those 
countries and recorded in the Register of Pa­
tents in this country to receive services and ot­
her notifications, etc. on their behalf. 
Section 67 
(1) Appeals from the decisions of the Patent 
Office under sections 44, 53 d, 53 e, 72 (1) and 
(2), 73 and 96 of this Act may be filed by the 
applicant, the proprietor of the, patent or the 
person who has requested an administrative re­
examination or the tennination of the patent 
with the Patent Board of Appeal not later than 
2 months after the date on which he was notifi­
ed of the decision. Other parties interested in 
the said decision may file a similar appeal not 
later than 2 months after the advertisement of 
the decision. 
(2) The fee prescribed for the appeal shall be 
paid within the time limit referred to in subsec­
tion 1 hereof. Failure to do so shall cause the 
appeal to be dismissed. IPINI1IDNKIPI1 
Page 17 
(3) The provisions in section 25 (2) to (4) 
shall apply mutatis mutandis. 
Section 68 
(1) The Minister of Industry shall fix the 
amounts, etc. of the fees provided for in this Act 
and of handling fees, etc. 
(2) As far as renewal fees are concerned, the 
Minister of Industry may direct that one or mo­
re of the first fee years shall be exempt from fe­
es. 
Section 69 
(1) The Minister of Industry shall lay down 
further provisions concerning patent applica­
tions and their examination and other proces­
sing, concerning the examination of opposi­
tions, administrative re-examination and con­
cerning the arrangement and keeping of the Re­
gister of Patents, concerning the publication 
and contents of the Danish Patent Gazette and 
concerning the procedures of the Patent Office. 
It may thus be prescribed that the records of the 
Patent Authority relating to applications filed 
shall be available to the public. The Minister of 
Industry may lay down specific rules concer­
ning the days on which the Patent Office shall 
be closed. 
(2) The Minister of Industry may direct that, 
at the request of the authority of another coun­
try, the Patent Authority may inform the said 
authority of the examination and other proces­
sing of patent applications filed in this country 
and that in deciding whether the conditions of 
patentability are complied with the Patent Aut­
hority may accept searches which have been 
carried out for that purpose by a corresponding 
authority in another country or by an interna­
tional institution. 
(3) The Minister of Industry may furthermo­
re direct that, at the request of the Patent Aut­
hority and within a time limit fixed by that Aut­
hority, any applicant who in any country has fi­
led a corresponding application for a patent 
shall furnish information about the result of the 
examination as to the patentability of the in­
vention which has been communicated to him 
by the patent authority of that country and 
transmit a copy of the correspondence with the 
said authority. However, no obligation to fur­
nish information may be prescribed in respect 
of any application referred to in Part 3 of this IPINIIIDNKlPII 
Page 18 
Act which has been the subject of an internatio­
nal preliminary examination on which a report 
has been filed with the Patent Authority. 
Section 70 
For inventions relating to war materiel or 
processes for the manufacture of war materiel, 
secret patents may be granted in accordance 
with the special provisions laid down to that ef­
fect. 
Section 71 
(1) The Patent Office may on request under­
take the performance of special tasks in the na­
ture of technological service. 
(2) The Minister of I ndustry shall lay down 
rules governing that service and the payment 
therefor. 
Section 72 
(1) If, apart from the cases referred to in sub­
section 2 hereof, the non-observance of a time 
limit vis-a-vis the Patent Authority prescribed 
by or provided for in this Act causes a loss of 
rights to an applicant who has taken all due ca­
re reasonably required, the Patent Authority 
shall on request re-establish his rights. The re­
quest shall be filed in writing with the Patent 
Authority within 2 months from the removal of 
the obstacle causing non-observance of the ti­
me limit though not later than 1 year after the 
expiry of the time limit. The omitted act shall be 
completed and the fee prescribed for the re­
establishment of rights shall be paid within the 
same time limits. 
(2) The provisions of subsection 1 hereof 
shall apply mutatis mutandis, ifan applicant or 
a proprietor of a patent has not paid a renewal 
fee within the time limit prescribed in section 
41 (3) or section 42 (3) of this Act provided that 
the request for re-establishment of rights is filed 
and the renewal fee is paid not later than 6 
months after the expiry of the time limit. 
(3) The provisions of subsection 1 hereof 
shall not apply to the time limit referred to in 
section 6 (1) oftrus Act. 
Section 73 
(1) If, in the cases referred to in section 31 of 
this Act, the applicant has availed himself of 
mailing, and the mail is not received in due ti-me, but the act is completed within 2 months 
after the date on which the applicant noticed or 
should have noticed that the time limit was ex­
ceeded and not later than 1 year after expiry of 
the time limit, the Patent Authority shall re· 
establish the rights, provided that 
(i) within 10 days preceding the expiry of the 
time limit the postal service was interrup­
ted on account of war, revolution, civil di­
sorder, strike, natural calamity or other li­
ke reason in the locality where the sender 
is staying or has his place of business, and 
the mailing to the Patent Authority is ef­
fected within 5 days after the resumption 
of the postal service, or 
(ii) the mailing was effected by registered mail 
to the Patent Authority not later than 5 
days prior to the expiry of the time limit 
though only if the mailing was effected by 
airmail, where possible, or if the sender 
had every reason to believe that surface 
mail would not arrive later than 2 days af­
ter the date of mailing. 
(2) If the applicant wishes to have his rights 
reestablished under subsection 1 hereof, he 
shall file a written request to that effect with the 
Patent Authority before expiry of the time limit 
referred to. 
Section 74 
(1) When a request under sections 72 or 73 of 
this Act has been accepted and, in consequen­
ce' a patent application which has been shelved 
or refused after having been made available to 
the public shall be further processed, or a lap­
sed patent shall be regarded as maintained, a 
notice to that effect shall be published. 
(2) Any person who, after expiry of the time 
limit laid down for the resumption of proce­
edings in respect of a shelved application or af­
ter refusal of the application or after advertise­
ment of the lapse of the patent, but prior to the 
publication of the notice under subsection 1 he­
reof, in good faith has commenced a commerci­
a1 exploitation of the invention in this country 
or made substantial preparations for such ex­
ploitation, may continue the exploitation retai­
ning its general character. 
(3) The right provided for in subsection 2 he­
reof shall only be transferred to others together 
with the business in which it has arisen or in 
which the exploitation was intended. Section 74 a 
If the Minister of Industry transfers his aut­
hority under this Act to the Patent Office, the 
Minister may lay down rules concerning the 
right of appeal including rules to the effect that 
appeals may not be brought before any higher 
administrative authority. 
Part 10 A 
European patents 
Section 75 
(1) A 'European patent' is a patent that has 
been cranted by the European Patent Office o . pursuant to the European Patent ConventIon 
done at Munich on 5 October 1973. A Europe­
an patent application is an application filed in 
accordance with that Convention. 
(2) European patents may be granted for 
Denmark. 
(3) An application for a European patent 
shall be filed with the European Patent Office, 
cf. however the provisions laid down in section 
70 of this Act for secret patents. An application 
for a European patent may also be filed with 
the Patent Authority of this country which shall 
forward the application to the European Patent 
Office. The applications referred to in Article 
76 of the. Convention shall only be filed with 
the Euro~can Patent Office. 
(4) The provisions of sections 76 to 90 of this 
Act shall apply to European patents for Den­
mark and to European patent applications de­
signating Denmark. 
Section 76 
A European patent shall be considered gran­
ted when the European Patent Office has pub­
lished its decision to that effect. A European 
patent shall have the same effect as a patent 
granted by the Patent Authority of this. c.ountry 
and shall be subject to the same prOVISIons as 
such a patent unless otherwise provided for in 
sections 77 to 90 of this Act. 
Section 77 
(1) A European patent shall only have effect 
in this country provided that the applicant wit­
hin the prescribed time limit files with the Pa­
tent Authority of this country a Danish transla­
tion of the text in which the patent, according IP/NIlIDNKlPIl 
Page 19 
to the communication by the European Patent 
Office to the applicant, is intended to be gran­
ted, and the applicant within the same time li­
mit pays the prescribed publication fee. If the 
European Patent Office decides to maintain a 
European patent in amended form, this shall 
also apply to the amended form. 
(2) The translation shall be available to the 
pUblic. The translation shall, however, not be 
available to the public, until the European pa­
tent application has been published by the Eu­
ropean Patent Office. 
(3) When the translation has been filed and 
the fee paid, and the European Patent Office 
has pu blished its decision to let the ~ate~t ap­
plication proceed to grant or to maintaIn the 
European patent as amended, the Patent Aut­
hority of this country shall publish a notice to 
that effect. Copies of the translation shall be 
obtainable from the Patent Authority without 
delay. 
Section 78 
(1) The provisions of section 72 (1) of this Act 
shall also apply to the filing of the translation 
and payment of the fee pursuant to section 77 
(l) of this Act. 
(2) If it is decided pursuant to section 72 of 
this Act that the filing of the translation and 
payment of the fee in compliance with section 
77 (1) of this Act are to be considered duly ma­
de, the Patent Authority of this country shall 
publish a notice to that effect. 
(3) Any person who, after expiry of the time 
limit laid down in section 77 (1) of this Act, but 
prior to the publication of the notice prescribed 
in subsection 2 hereof, in good faith has com­
menced a commercial exploitation of the in­
vention in this country or made substantial pre­
parations for such exploitation shall have the 
rights provided for in section 74 (2) and (3) of 
this Act. 
Section 79 
The provision of section 52 (1) (iv) of this Act 
shall apply to European patents provided that 
extension has taken place after the patent has 
been granted. 
Section 80 
If the European Patent Office revokes a Eu­
ropean patent wholly or partially, it shall have ]PlNll/DNKlP/1 
Page 20 
the effect as had the patent been revoked to the 
same extent in this country. The Patent Autho­
rity of this country shall publish a notice to that 
effect. 
Section 81 
(1) For a European patent a renewal fee shall 
be paid to the Patent Authority of this country 
for each fee year following the year in which the 
European Patent Office has published its deci­
sion to let the patent application proceed to 
grant. 
(2) If the renewal fee for the European patent 
is not paid pursuant to subsection 1 hereof, cf. 
section 41 of this Act, section 51 of this Act 
shall apply mutatis mutandis. With regard to 
the first renewal fee, it shall not fall due until 3 
months after the date on which the patent is 
granted. 
Section 82 
(1) A European patent application for which 
the European Patent Office has fixed a filing 
date shall from that date have the same effect in 
this country as an application filed in this coun­
try. If the application claims priority pursuant 
to the European Patent Convention from an 
earlier date than the filing date, such priority 
shall also apply in this country. 
(2) For the purposes of section 2 (2), 2nd 
clause, of this Act the publication of a Europe­
an patent application under Article 93 of the 
European Patent Convention shall be equiva­
lent to the application being made available to 
the public under the rules laid down in section 
22 of this Act. The same shall apply to publica­
tion under Article 158 (1) of the Convention 
provided that such publication by the Europe­
an Patent Office is considered equivalent to 
publication under Article 93. 
Section 83 
(1) When a European patent application has 
been published in accordance with the Europe­
an Patent Convention and the applicant has fi­
led a translation of claims of the published ap­
plication In Danish with the Patent Authority 
of this country, the Patent Authority of this 
country shall make the translation available to 
the public and publish a notice to that effect. 
(2) If any person without permission com­
mercially exploits an invention which is the su-bject-matter of a European patent application 
after the publication of a notice pursuant to 
subsection 1 hereof and the application results 
in a patent for Denmark, the provisions concer­
ning patent infringement shall apply. In such 
cases, the patent protection shall, however, on­
ly extend to subject-matter disclosed both in 
the published clai ms and in the claims of the 
patent. Section 57 of this Act shall, however, 
not apply and likewise the person concerned 
shall only be liable for damages to the extent re­
ferred to in section 58 (2) of this Act. 
(3) Claims for damages under subsection 2 
hereof shall not be statute-barred earlier than 1 
year after the time limit for oppositions against 
the European patent has expired or after the 
European Patent Office has decided to main­
tain the patent. 
Section 84 
(1) If a European patent application or the 
designation of Denmark is withdrawn or the 
application or designation is deemed to be 
withdrawn in accordance with the European 
Patent Convention and the processing of the 
application is not resumed pursuant to Article 
121 of the Convention, this shall have the same 
effect as the withdrawal of an application befo­
re the Patent Authority of this country. 
(2) If a European patent application is refu­
sed, it shall have the same effect as if the appli­
cation had been refused by the Patent Authori­
ty of this country. 
Section 85 
(1) If the translations referred to in sections 
77 and 83 of this Act do not comply with the 
text in the language of the proceedings before 
the European Patent Office, the patent protec­
tion shall only extend to subject-matter disclo­
sed in both texts. 
(2) In revocation proceedings only the text in 
the language of the proceedings shall apply. 
Section 86 
(1) If the applicant or the proprietor of the 
patent files with the Patent Authority of this 
country a correction to the translation referred 
to in section 77 of this Act, and if he pays the 
prescribed publication fee, the corrected trans­
lation shall replace the previous translation. 
The corrected translation shall be available to the public provided that the original transla­
tion is available to the public. When such cor­
rection has been filed, and the fee has been duly 
paid, the Patent Authority of this country shall 
publish a notice concerning the correction pro­
vided that the original translation is available 
to the public. Copies of the translation shall be 
obtainable from the Patent Authority of this 
country without delay. 
(2) If the applicant files a correction to the 
translation referred to in section 83 of this Act, 
the Patent Authority of this country shall pub­
lish a notice to that effect and shall make the 
corrected translation available to the public. 
When the notice has been published, the cor­
rected translation shall replace the original 
translation. 
(2) Any person who, at the time the corrected 
translation took effect, in good faith commerci­
ally exploited the invention in this country in 
such a manner that according to the previous 
translation it did not infringe the rights of the 
applicant or the proprietor of the patent, or had 
made substantial preparations for such exploi­
tation, shall have the rights provided for in sec­
tion 74 (2) and (3) of this Act. 
Section 87 
(1) If the European Patent Office re-establis­
l}es the rights for a patent applicant or a propri­
etor ofa patent who has failed to observe a time 
limit, such decision shall also apply in this 
country. 
(2) Any person who, after loss of rights has 
occurred, but prior to the re-establishment of 
the rights and pu blication of a notice to that ef­
fect by the European Patent Office, in good 
faith commenced commercial exploitation of 
the invention in this country, or has made sub­
stantial preparations for such exploitation, 
shall have the rights provided for'in section 74 
(2) and (3) of this Act 
Section 88 
(1) If an application for a European patent 
filed with a national patent authority is deemed 
to be withdrawn due to the fact that the Euro­
pean Patent Office did not receive the applica­
tion within the prescribed time limit, the Patent 
Authority shall at the request of the applicant 
regard the application as converted into an ap-IPINIlIDNKlPIl 
Page 21 
pJication for a patent in this country, provided 
that 
(i) the request is filed with the national autho­
rity which received the application within 
3 months after the applicant has been noti­
fied that the application is deemed to be 
withdrawn, 
(ii) the request is filed with the Patent Autho­
rity in this country within 20 months after 
the filing date of the application or, ifprio­
rity has been claimed, after the priority da­
te, and 
(iii) the applicant within a time limit to be fi­
xed by the Minister of Industry pays the 
prescribed application fee and files a 
translation of the application in Danish. 
(2) Provided that the patent application com­
plies with the requirements of the European 
Patent Convention with regard to form, the ap­
plication shall be accepted in that respect. 
Section 89 
The provisions of Articles 9, 60, 126 and 131 
of the European Patent Convention and the 
Protocol on Jurisdiction and the Recognition 
of Decisions in respect of the Right to the Grant 
of a European Patent (Protocol on Recogni­
tion) annexed to the Convention shall apply in 
this country. 
Section 90 
The Minister of Industry shall lay down furt­
her rules for the implementation of the Europe­
an Patent Convention and the implementation 
of the provisions of this Part of the Act. 
Part 10 B 
Supplementary Protection Certificates 
Section 91 
(1) The Minister of Business and Industry 
may layout rules which are necessary for the 
application in this country of the European 
Community's regulations concerning the im­
plementation of supplementary protection cer­
tificates. 
(2) The Minister of Business and Industry 
shall fix the amounts, etc., offees for filing of an 
application for a certIficate, for resumption of 
the examination and further processing of an 
application, for re-establishment of rights, for 
administrative re-examination, for the bringing IPINI1 IDNKlPIl 
Page 22 
of appeals before the Patent Board of Appeal 
and for the individual fee years. 
(3) Section 57 of this Order concerning crimi­
nalliability for patent violation similarly appli­
es to violation of the exclusive right which is a 
consequence ofa protection certificate as dealt 
with in subsection 1. 
(4) The Minister of Business and Industry 
may Succeeding negotiations with the Faroe Is­
lands and Greenland's Home Rule lay down 
provisions on the regulations mentioned in 
subsection 1 concerning certificates to be appli­
cable on the Faroe Islands and Greenland. 
Part 10 c 
Community patents, elc. 
Section 92 
(1) A 'Community patent' is a patent that has 
been granted by the European Patent Office ac­
cording to a European patent application, cf. 
section 75 (1) of this Act pursuant to the Com­
munity Patent Convention laid down in the Ag­
reement relating to Community Patents, done 
at Luxembourg on 15 December 1989. 
(2) Community patents may be granted for 
Denmark. 
Section 93 
(1) The provisions in the Agreement relating 
to Community Patents shall in this country 
apply to Community patents and applications 
for such patents. 
(2) The Minister of Industry shall advertise 
the provisions laid down by the individual 
countries pursuant to Article 83 in the Commu­
nity Patent Convention. 
Section 94 
Sections 75 (3), 80, 82, 84, 87 and 88 of this 
Act shall apply mutatis mutandis to Communi­
ty patents and to applications for such patents. 
Section 95 
Rights under Article 32 (1) of the Communi­
ty Patent Convention shall only be accorded to 
applicants for Community patents who have 
either forwarded a Danish translation of the 
claims which have been advertised to the Pa­
tent Authority, or who have forwarded such translation to the person exploiting the inven­
tion in this country. 
Section 96 
(1) If a patent granted by the Patent Authori­
ty concerns an invention for which a Commu­
nity patent or a European patent for Denmark 
has been issued to the same inventor or to his 
successor in title, with the same date of applica­
tion or, ifpriority has been claimed, with the sa­
me date of priority, the patent granted in this 
country under Article 75 (1) and (2) of the Com­
munity Patent Convention according to the de­
cision of the Patent Authority or by court deci­
sion shall be terminated, wholly or partially, 
provided that a request is made or proceedings 
are instituted to that effect. 
(2) Any person may request a decision by the 
Patent Authority or institute proceedings for 
termination, wholly or partially, ofa patent un­
der subsection 1 hereof. Sections 53 a to f, 55, 
55 a, 63,64 and 65 of this Act shall apply nzuta­
tis mutandis. The request shall be accompanied 
by the prescri bed fee. 
(3) Proceedings instituted concerning termi­
nation while a request in this respect has not 
been finally examined by the Patent Authority, 
may be suspended by the court until a final de­
cision has been made by the Patent Authority. 
Section 97 
The Minister of Industry shall lay down nlrt­
her rules for the implementation of the provi­
sions of this Part of the Act. 
Part 11 
Provisions as to entry intoforce and transztional 
provisions 
1.-(1) This Act shall enter into force on 1 J a­
nuary 1968. At the same time, the Patents Act, 
cf. Consolidated Act No. 361 of 19 December 
1958, shall be repealed. Furthermore, section 4 
of the Danish Employees' Inventions Act No. 
142 of29 April 1955 shall be repealed. 
(2) Patents for inventions of food products2) 
and medicinal productsl) and patents for pro­
cesses for the manufacture offood products su­
perscript shall, however, not be granted until 
after a date to be fixed by the Minister of Indu­
stry. 2. A patent which has been granted or will be 
granted under previous legislation shall only be 
revoked in accordance with the provisions of 
section 24 of the previous Patents Act. 
Act No. 264 of8 June 1978 to amend the Pa­
tents Act contains the following transitional 
provisions: 
Section 3 
This Act shall also apply to patent applica­
tions which, on the date of its entry into force, 
are pending before the Patent Authority. To 
this provision the following exceptions shall 
apply: 
(i) If, prior to the entry into force of this Act, 
the applicant has been notified of the ac­
ceptance of the application for publica­
tion, the provisions of the Patents Act of20 
December 1967 shall apply. 
(ii) The provisions of previous legislation re­
lating to additional patents shall apply to 
applications filed before the entry into for­
ce of this Act. 
(iii) The provisions relating to abstract and 
publication fee, cf. section 1 (vi), (xi) and 
(xii) of this Act shall only apply to applica­
tions filed after the entry into force of this 
Act. 
(iv) The V!'ovisions of section 8 (2), 2nd clause, 
of the Patents Act, cf. section 1 (vi) of this 
Act, shall only apply to applications filed 
after the entry into force of this Act. 
Section 4 
This Act shall also apply to patents which 
have been or will be granted under the Patents 
Act of20 December 1967. To this provision the 
following exceptions shall apply: 
(i) The provisions of the Patents Act of20 De­
cember 1967 relating to additional patents 
and to the revocatIon of patents shall 
apply to additional patents and patents 
granted under the said Act. 
(ii) Section I (xxiv)3) of this Act shall only 
apply to patents granted on the basis of 
applications filed after the entry into force 
of this Act. IP/N/1/DNKlPIl 
Page 23 
Act No. 153 of 11 April 1984 to amend the 
Patents Act contains the following provisions 
a~ to entry into force and transitional provi­
SIons: 
Section 3 
The provisions of this Act shall also apply to 
patent applications which on the date of entry 
Into force of the provisions are pending before 
the Patent Authority. To this provision the fol­
lowing exceptions shall apply: 
(i) The provisions relating to the deposit of 
cultures of micro-organisms shall only 
apply to applications filed after the entry 
into force4) of those provisions. 
(ii) (Transitional provision, not reproduced). 
(iii) (Transitional provision, not reproduced). 
Section 4 
The provisions of this Act shall also apply to 
patents which have been granted at the entry 
Into force of the provisions. To this provision 
the following exceptions shall apply: 
(i) The provisions relating to the revocation 
of patents in Act No. 479 of20 December 
1967 and Act No. 264 of 8 June 1978 shall 
apply to patents granted under the said 
Acts. 
(ii) The provisions relating to the deposit of 
cultures of nUcro-organisms shall only 
apply to patents granted on the basis of 
applications filed after the entry into force 
of those provisions"'). 
The Utility Models, etc. Act No 130 of26 Fe­
bruary 1992 contains the following provisions 
as to entry into forceS). 
Section 52 
(1) This Act shall enter into force on 1 July 
1992, cf. however subsection 2 hereof. 
(2) (Transitional provision, not reproduced). 
(3) (Transitional proviSIon, not reproduced). 
Act No. 1057 of23 December 1992 to amend 
t? the Patents Act contains the following provI­
SIons as to entry into force and transitional pro­
visionsS)6). JP!N1l IDNKlP 11 
Page 24 
Section 2 
(1) This Act shall enter into force on 1 Janu­
ary 1993, ef. however subsection 2 hereof. 
(2) Section 1 (i) and (xxxiv), and section 4 (2) 
of this Act shall enter into force at the same ti­
me as the Agreement relating to Community 
Patents. The Minister of Industry shall draw up 
an Order to that effect. 
Section 3 
(1) This Act shall also apply to patent appli­
cations which, on the date of its entry into for­
ce, are pending before the Patent Authority. Pa­
tent applications in respect ofwhich, on the da­
te of entry into force of the Act, notification has 
been forwarded to the applicant to the effect 
that the application has been accepted for 
being made available to the public shall, howe-ver, be finally examined according to the pre­
vious rules. 
(2) Section 21 of the Patents Act, as drawn up 
in section 1 (ii) of this Act, shall not apply to 
patents granted before the entry into force of 
the Act or granted under subsection (1), 2nd 
clause, hereof. 
Act No. 900 of 29th November 1995 concer­
ning amendment of the Patents Act shall inclu­
de the following provisions concerning entry 
into force and transition'). 
The Act shall enter into force on 1st January 
1996. 
(3) For applications filed prior to the entry 
into force of the Act previous rules in section 
13(1), sections 14 and 19(2) of this Order shall 
be applicable. 
The Ministry of Business and Industry, 13 September 1996 
MIMI J AKOBSEN 
/ Mogens Kring 
1) Medicinal products have been patentable on the basis of applications filed on and after 1 December 1983, 
cf. the Ministry of Industry Order No. 450 of 16 December 
1983. 
2) Food products and processes for the manufacture of food products have been patentable on the basis of 
applications filed on and after 1 January 1989 or which pursuant to section 14 of the Patents Act are conSI­
dered to have been filed after that date, cf. the Ministry of Industry Order No. 511 of23 August 1988. 
3) Section 60 ofthis Consolidated Act. 
4) I.e. on and after 1 July 1985, cf. the Ministry of Justice Order No. 176 of2May 1985. 
5) Section 53 in the Utility Models, etc. Act No. 130 of 26 February 1992 and section 5 in Act No. 1057 of 23 
December 1992 to amend the Patents Act lay down that these Acts shall not apply to the Faroe Islands and 
Greenland. Pursuant to section 4 in Act No. 368 of7 June 1989 to amend the Patents Act, Part 10 A of the 
Act shall not apply to the Faroe Islands and Greenland, either. 
6) Agreement relating to Community Patents may be ratified on behalf of Denmark pursuant to section 4 in 
Act No. 1057 of23 December 1992 to amend the Patents Act. 
7) The Act shall not apply to the Faroe Islands and Greenland. The Act may by Royal Ordinance entered into 
force for these islands with such amendments as the special circumstances on the Faroe Islands and Green­
land may require. IP 1N11/DNKIP 11 
Page 25 
Act No. 153. 11th April. 1984 
Act to Amend the Patents Act 
WE, MARGRETHE THE SECOND, by the Grace of God Queen of Denmark. do by these 
presents make It known that the Folketmg has passed and We have gIven the Royal Assent to the 
following Act: 
SeCllon 1 
The Patents Act~ cf. the Consolidate Act 
No. 546. 25th October. 1978, shall be amen­
ded as follows: 
(i) Section 8(2) shall be worded as fol­
lows: 
"(2) The application shall contaln a de­
scription of the invention. Including dra­
wIngs where necessary, and a precise state­
ment of the matter for which protection by 
the patent IS sought (one or more claims). 
The fact that the invention relates to a che­
mical compound shall not imply that a speci­
fic use must be indicated in the claim. The 
description shall be sufficiently clear to 
enable a person skilled in the art to carry out 
the inventIon. An invention which relates to 
a microbiological process or to a product 
obtaIned by such a process shall~ in the cases 
specIfied in section 8a, only be regarded as 
disclosed in a sufficiently clear manner if 
also the requirements of section 8a are fulfil­
led." 
(ii) Section 8(5) shall be worded as fol­
lows: 
H(5) The applicant shall pay the prescribed 
application fee. For the patent application 
the prescribed renewal fee in respect of each 
fee year beginning before the application is 
finally decided upon shall also be paid. The 
fee year shall comprise one year and shall the first time be reckoned from the date of 
filing of the application and thereafter from 
the corresponding day of the calendar year." 
(Hi) After sectIon 8 there shall be inserted: 
"Section 8a 
( 1) If the carrying out of the invention 
involves the use of a micro-organism which 
is neither available to the public nor de­
scribable in the documents of the application 
in such a manner as to enable a person skil­
led in the art to carry out the invention~ a 
culture of the micro-organism shall be depo­
sited not later than the date of filing of the 
application. The culture shall thereafter be 
continuously deposited so that any person 
entitled under this Act to a sample of the 
culture may have the sample furnished in 
Denmark. The Minister of Industry shall lay 
down rules as to where deposits may be 
made. 
(2) If a deposited culture ceases to be vi­
able, or if for any other reason a sample of 
the culture cannot be furnished, the culture 
may be replaced by a new culture of the 
same micro-organism within the prescribed 
period and otherwise in accordance with 
rules laid down by the Minister of Industry. 
If so, the new deposit shall be deemed to 
have been made already on the date of the 
previous deposit." IPIN/1/DNKlP/1 
Page 26 
(iv) Section 14(2) shall be worded as fol­
lows: 
"(2) Any request under subsection (1) shall 
be submitted within 2 years from the date of 
filing of the application. A request may not 
be submitted more than once and may not 
be withdrawn." 
(v) In section 15 there shall be inserted as 
subsection (4): 
H( 4) If any renewal fee is not paid 
according to sectIons 8. 41 and 42, the appli­
cation shall be shelved without previous noti­
fication. In the case of an application 
shelved for that reason the proceedings for 
grant may not be resumed." 
(vi) SectIon 22(6) shall be repealed. and 
instead there shall be inserted: 
"(6) If a culture of a micro-organism has 
been deposited under section 8a, any person 
shall have the nght to obtain a sample of the 
culture when the files become available un­
der subsectIons t I), (2) or (3). This does not 
imply that any sample shall be furnished to 
any person who, according to rules laid 
down in or pursuant to law, is not allowed to 
handle the deposited micro-organism. Nor 
shall any sample be furnished to any person 
if, due to the dangerous properties of the 
organism, his handling of the sample is sup­
posed to involve obvious danger. 
(7) Notwithstanding subsectlon (6) the ap­
plicant may request that until the application 
has been laid open to public inspection or 
has been finally decided upon without hav­
ing been laid open to public inspection the 
furnishing of a sample shall only be effected 
to an expert in the art. The Minister of Indu­
stry shall lay down provisions governing the 
time limit for the submission of such a re­
quest and prescribing who may be used as an 
expert. 
(8) The request for the furnishing of the 
sample shall be filed in writing with the Pa­
tent Authonty and shall contain a declarati­
on to observe the restrictions on the use of 
the sample which appear from rules laid 
down by the Minister of Industry. If the 
sample is to be furnished to an expert in the 
art, the declaratIon shall instead be given by 
the latter." (vii) .. Section 31 shall be worded as fol­
lows: 
"Section 31 
( I)· If the ··applicant wishes to proceed with 
an international application with respect to 
Denmark, he shall within 20 months from 
the international date of filing or, if priority 
is claimed, from the priority date pay the 
prescribed fee to the Patent Authority and 
file a translation into Danish of the interna­
tional application to the extent prescribed by 
the Minister of Industry or, if the application 
is written in Danish, a copy of the applica­
tion. 
(2) If the applicant demands that an inter­
national application shall be the subject of 
an international preliminary examination, 
and if within 19 months from the date refer­
red to lOto subsection (1) he declares in ac­
cordance WIth the Treaty that he intends to 
use the results of that examination in Den­
mark (election of Denmark), he shall comply 
with the requirements of subsection (1) with­
in 30 months from the said date. 
(3) If the applicant has paid the prescribed 
fee within the time limits fixed in subsections 
(1) and (2), the prescribed translation or co­
py may be filed within a further period of 2 
months provided that a prescribed additional 
fee is paid prior to the expiry of the further 
period. 
(4) If the applicant fails to fulfil the requi­
rements of this section, the application shall 
be considered withdrawn as far as Denmark 
is concerned." 
(viii) Section 32 shall be worded as fol­
lows: 
"Section 32 
If the applicant withdraws a demand for 
international preliminary examination or an 
election of Denmark, the international appli­
cation shall be considered withdrawn as far 
as Denmark is concerned unless the with­
drawal has been effected prior to the expiry 
of the time limit applicable under section 
31 (1) and the applicant proceeds with the 
application prior to the expiry of the time 
limits prescribed in section 31 (1), cf. section 
31(3)." (ix) Section 33( I) shall be worded as fol­
lows: 
H( 1) When an international application 
has been proceeded with under section 31, 
the provisions of Part II of this Act shall ap­
ply to the application and to the examination 
and further processing thereof with the devi­
ations provided for in this section and in 
sections 34 to 37. The examination and fur­
ther processing of the application shall only 
be commenced prior to the expiry of the 
time limits applicable under section 31 (I) or 
(2) if the applicant so requests." 
(x) Section 33(3) shall be worded as fol­
lows: 
"(3) The provisions of section 22(2) and 
(3) shall apply even before the application 
has been proceeded with when the applicant 
has complied with his obligation under sec­
tion 31 to file a translation of the application 
or, if the application is written in Danish 
when the applicant has filed a copy thereof 
with the Patent Authority." 
(xi) Section 34 shall be worded as follows: 
"Section 34 
An international application shall only be 
accepted for laying open to public inspection 
or refused after the expiry of a time limit 
prescribed by the Minister of Industry unless 
the applicant has consented to the applica­
tion being decided upon prior thereto." 
(xii) Section 38(2) shall be worded as fol­
lows: 
04(2) A request for a review under subsec­
tion (I) shall be presented to the Internatio­
nal Bureau prior to the expiry of a time limit 
prescribed by the Minister of Industry. The 
applicant shall, prior to the expiry of the 
same time limit and to the extent prescribed 
by the Minister of Industry, file a translation 
of the application with the Patent Authority 
and pay the prescribed application fee." 
(xiii) Section 40 shall be worded as fol­
lows: IP/NIlIDNKlP/1 
Page 27 
"Section 40 
A granted patent may be maintained until 
20 years have elapsed from the date of filing 
of the patent application. For the patent a 
renewal fee shall be paid in respect of each 
fee year beginning after the grant of the pa­
tent. " 
(xiv) In Part V the heading shall be 
changed into: 
"Payment of renewal fees" 
(xv) Section 41 shall be worded as fol­
lows: 
"Section 41 
(1) The renewal fee shall fall due on the 
last day of the month in which the fee year 
begins. The renewal fees in respect of the 
first two fee years shall. however, only fall 
due at the same time as the fee in respect of 
the third fee year. Renewal fees may not be 
paid earlier than 3 months before the due 
date. 
(2) For a later application as provided for 
in section 11 the renewal fees in respect of 
fee years having begun before the date of 
filing of the later application or beginning 
within 2 months after that date shall in no 
case fall due before 2 months have elapsed 
after the said date. For an international ap­
plication renewal fees in respect of fee years 
having begun before the date on which the 
application was proceeded with under sec­
tion 31 or taken up for examination and ot­
her processing under section 38 or beginning 
within 2 months after that date shall in no 
case fall due before 2 months have elapsed 
after the date on which the application was 
proceeded with or taken up for examination 
and other processing. 
(3) Any renewal fee may, together with the 
prescribed additional fee, be paid within 6 
months after its due date." 
(xvi) Section 42 shall be worded as fol­
lows: 
HSection 42 
(1) If the inventor is the applicant or the 
proprietor of the patent, and if it is deemed IPfNll/DNKlPIl 
Page 28 
to involve great difficulties for him to pay 
the renewal fees, the Patent AuthorIty may 
grant him a respite for the payment thereof, 
provided that a request to that effect is sub­
mitted not "later than the date on which the 
renewal fees fall due the first time. Respites 
may be granted of up to 3 years at a time, 
but no longer than until 3 years have elapsed 
from the grant of the patent. Any request for 
a prolongation of a respite shall be submitted 
not later than the date on which the granted 
respite expires. 
(2) If a request for a respite or a prolonga­
tion of a respite is rejected, payment within 2 
months thereafter shall be regarded as pay­
ment in due time. 
(3) Any renewal fee for the payment of 
which a respite has been granted according 
to subsection (1) may, together with the same 
additional fee as referred to in sectIon 41(3), 
be paid within 6 months after the date until 
which the respite has been granted." 
(xvii) Section 51 shall be worded as fol­
lows: 
"Section 51 
If any renewal fee is not paid in accord­
ance with the rules laid down in sections 40, 
41 and 42, the patent shall lapse as from the 
beginning of the fee year in respect of which 
the fee has not been paid." 
(xviii) Section 52( 1 )(ii) shall be worded as 
follows: 
"(ii) it relates to an invention which is not 
disclosed in a manner sufficiently clear to 
enable a person skilled in the art to carry out 
the invention," 
(ixx) Section 56(1) shall be worded as fol­
lows: 
H(l) An applicant for a patent who in­
vokes his patent applicatIon against another 
person before the files of the application 
have become available to the public shall be 
under an obligation on request to consent to 
letting the said person obtain inspection of 
the files of the application. If the application 
comprises a deposited culture of a micro-or­
ganism as referred to in section 8a, the said 
person shall also have a right to obtain a 
sample of the culture. The provisions of sec-tion 22(6), second and third sentences, (7) 
and (8) shall apply in those cases." 
(xx) In section 66(2) for "section 160(2)" 
there shall be substituted "section "159(2)." 
(xxi) Section 68 shall be worded as fol­
lows: 
"Section 68 
(1) The Minister of Industry shall fix the 
amounts. etc. of the fees provided for in this 
Act and of handling fees, etc. 
(2) As far as renewal fees are concerned, 
the Minister of Industry may direct that one 
or more of the first fee years shall be fee­
free. " 
(xxii) Section 69(3) shall be worded as 
follows: 
"(3) The Minister of Industry may further­
more direct that at the request of the Patent 
Authority and within a time limit fixed by 
that Authority any applicant who in any 
country has filed a corresponding applica­
tion for a patent shall furnish information 
about the result of the examination as to the 
patentability of the invention which has been 
communicated to him by the patent authority 
of that country and transmit a copy of the 
correspondence with the said authority. 
However, no obligation to furnish informa­
tion may be prescribed in respect of any ap­
plication referred to in Part III of this Act 
which has been the subject of an internatio­
nal preliminary examination on which a re­
port has been filed with the Patent Authori­
ty." 
(xxiii) Section 72 shall be worded as fol­
lows: 
HSection 72 
(1) If, apart from the cases referred to in . 
subsection (2), the non-observance of a time 
limit vis-a-vis the Patent Authority prescribed 
by or provided for in this Act causes a loss 
of rights to an applicant who has taken all 
due care reasonably required, the Patent Au­
thority shall on request re-establish his rights. 
The request shall be filed in writing with the 
Patent Authority within 2 months from the removal of the cause of the non-observance 
of the time limit though not later than ) year 
after the expiry of the time limit. Within the 
same time limits the omitted act shall be 
completed and the fee prescribed for the re­
establishment of rights be paid. 
(2) The provisions of subsection (I) shall 
apply mutatis mutandis if an applicant or a 
proprietor of a patent has not paid a renewal 
fee within the time limit prescribed in section 
41 (3) or section 42(3) provided that the re­
quest for re-establishment of rights is filed 
and the renewal fee is paid not later than 6 
months after the expiry of the time limit. 
(3) The provisions of subsection (I) shall 
not apply to the time limit referred to in sec­
tion 6(1)." 
Sectzon 2 
(1) Section I (vii) to (xii), (xx) and (xxii) 
shall enter into force 3 months after the pub­
lication of this Act In the Law Gazette. 
(2) The date on which the remaining pro­
visions of this Act shall enter into force shall 
be fixed by the Minister of Industry. 
Section 3 
The provisions of this Act shall apply to 
patent applications which on the date of en­
try into force of the provisions are pending 
before the Patent Authority. To this provisi­
on the following exceptions shall apply: 
(i) The provisions relating to the deposit 
of cultures of micro-organisms shall only 
apply to applications filed after the entry 
into force of those provisions. 
(ii) For patent applications filed before 
the entry into force of section I (ii), (iv), (v), 
(xiii) to (xvii), (xxi) and (xxiii), cf. Section IPINI 1 IDNKJPI 1 
Page 29 
2(2)~ renewal fees in respect of earlier fee 
years shall fall due at the same time as a re­
newal fee is payable the first time in accor­
dance with section 1 (xv) (section 41) and 
section I (xvi) (section 42). 
(iii) Notwithstanding the provision of sec­
tion I (iv) (section 14(2) any request under 
section 14(1) (Act No. 479, 20th December, 
1967) may be submitted in accordance with 
the rules hitherto in force up to 6 months 
from the entry into force of section 1 (ii), 
(iv), (v), (xiii) to (xvii), (xxi) and (xxiii), cf. 
Section 2(2). 
Section 4 
The provisions of this Act shall also apply 
to patents which have been granted at the 
entry into force of the provisions. To this 
prOVISIon the following exceptions shall ap­
ply: 
(i) If a patent has been granted less than 2 
months before the entry into force of section 
I (ii), (iv), (v), (xiii) to (xvii), (xxi) and (xxiii), 
cf. Section 2(2), the fees in respect of fee 
years having begun before the grant shall fall 
due in accordance with section 42 of Act No. 
479, 20th December, 1967. 
(ii) The provisions relating to the revoca­
tion of patents of Act No. 479, 20th Decem­
ber, 1967, and Act No. 264, 8th June, 1978, 
shall apply to patents granted under the said 
Acts. 
(iii) The provisions relating to the deposit 
of cultures of micro-organisms shall only 
apply to patents granted on the basis of ap­
plications filed after the entry into force of 
those provisions. 
Done at the Christlanborg Castle on the 11th day of April, 1984 
Under Our Royal Hand and Seal 
MARGRETHE R. 
/ IB STETTER IPlNlIlDNKlP/l 
Page 30 
Act No. 368 of 7th June 
1989. 
Act to Amend the Patents Act 
(Ratification of The European Patent Convention) 
WE MARGRETHE THE SECOND, 
Denmark, make known that: by the Grace of God, Queen of 
Folketinget has passed and We have granted Our Royal As­
sent to the following Act: 
To the 
1986, as Patents Act, 
amended by Section 1 
cf. Consolidate Act No. 110 of 11th March 
Act No. 854 of 23rd December 1987, shall 
be added after section 74: 
"Part X A 
European Patent 
Section 75 
(1) A "European patent" is a patent that has been granted by 
the European Patent Office pursuant to the European Patent 
Convention done at Munich on 5th October 1973. A European pa­
tent application is an application filed in accordance with 
that Convention. 
(2) European patents can be granted for Denmark. 
(3) An application for a European patent shall be filed with 
the European Patent Office cf., however, the prov~s~ons laid IP INIlIDNKIP /1 
Page 31 
down in section 70 for secret patents. An applicat~on for a 
European patent may also be filed with the patent authority of 
this country, which shall forward the application to the Euro­
pean Patent Office. The applications referred to in Article 76 
of the Convention shall only be filed with the European Patent 
Office. 
(4) The provisions of sections 76 to 90 shall apply to Euro­
pean patents for Denmark and to European patent applications 
designating Denmark. 
Section 76 
(1) A European patent shall be considered granted when the 
European Patent Office has published its decision to that ef­
fect. A European patent shall have the same effect as a patent 
granted by the patent authority of this country and shall be 
subject to the same provisions as such a patent unless other­
wise provided for in sections 77 to 90. 
Section 77 
(1) A European patent shall only have effect ln thlS country 
provided that the applicant within the prescribed time limit 
has filed with the patent authority of this country a Danish 
translation of the text in which the patent according to the 
communication by the European Patent Office to the applicant 
is intended to be granted, and the applicant within the same 
time limit pays the prescribed printing fee. If the European 
Patent Office decides to maintain a European patent in an 
amended form, this shall also apply to the amended form. 
(2) The translation shall be avail[Bable to the public. The 
translation shall not be available to the public until the 
European patent application has been published by the European 
Patent Office. IPINIlIDNKIP/1 
Page 32 
(3) When the translation has been filed and the fee has been 
paid and the European Patent Office has published its decision 
to let the patent application proceed to grant or to maintain 
the European patent in an amended form, the patent authority 
of this country shall publish a notice to that effect. Printed 
cop1es of the translation shall be obtainable from the patent 
authority without delay. 
Section 78 
(1) The provisions of section 72 (1) shall also apply to the 
filing of a translation and the payment of the fee pursuant to 
section 77 (1). 
(2) If it is decided, pursuant to section 72 that the filing 
of the translation and the payment of the fee in compliance 
with section 77 (1) are to be considered duly made, the patent 
authority of this country shall publish a notice to that ef­
fect. 
(3) Any person who, after the expiry of the time limit pre­
scribed in section 77 (1), but prior to the publicat10n of 
the notice OB prescribed in subsection (2), in good faith has 
commenced a commercial exploitation of the invent10n in this 
country or made substantial preparations for such exploita­
tion, shall have the right provided for in section 74 (2) and 
(3) • 
Section 79 
The provision of section 52 (1) (iv) shall apply to European 
patents provided that extension has taken place after the pa­
tent has been granted. 
Section 80 
If the European Patent Office revokes a European patent en­
tirely or partially, this shall take effect as had the patent 
to a corresponding extent been revoked in this country. The 
patent authority of this country shall publish a notice to 
that effect. Section 81 IPINIlIDNKlPIl 
Page 33 
(1) For a European patent a renewal fee shall be paid to the 
patent authority of this country for each fee year following 
the year in which the European Patent Office has published its 
decision to let the patent application proceed to grant. 
(2) If the renewal fee for the European patent is not paid 
pursuant to subsection (1), cf. section 41, section 51 shall 
apply mutatis mutandis. With regard to the first renewal fee, 
it shall not fall due until 2 months after the date the patent 
is granted. 
Section 82 
(1) A European patent application for which the European Pa­
tent Office has fixed a filing date shall from that date have 
the same effect in this country as an application filed in 
this country. If the application claims priority pursuant to 
the European Patent Convention from an earlier date than the 
filing date, that priority shall also apply ~n th~s country. 
(2) For the purposes of section 2 (2) second sentence the 
publication of a European patent application under Article 93 
of the European Patent Convention shall be equivalent to the 
making available of the application to the public under the 
rules laid down in section 22. The same shall apply to publl­
cation under Article 158, paragraph 1 of the Convention pro-
vided that such publication by the European Patent Office is 
considered equivalent to a publication under Article 93. 
Section 83 
(1) When a European patent application has been published in 
accordance with the European Patent Convention and the appli­
cant has filed a translation of the patent claims in the pu­
blished application in Danish to the patent authority of this 
country, the patent authority of this country shall let the 
translation be available to the public and publish a notice to 
that effect. IPIN/1/DNKlPIl 
Page 34 
(2) If any person without permission commercially exploits an 
invention which is the subject-matter of a European patent ap­
plication after the publication of a notice pursuant to sub­
section (1) and the application results in a patent for 
Denmark, the provisions concerning patent infringement shall 
apply. In such cases the patent protection shall, however, 
only extend to subject-matter disclosed both in the published 
claims and in the claims of the patent. Section 57 does, 
however, not apply and likewise the person shall only be 
liable for damages to the extent referred to ~n section 58 
(2) • 
(3) Claims for damages under subsection (2) shall not be bar-
red by prescription earlier 
for oppositions against the 
after the European Patent 
patent. than 1 year after the t~me limit 
European patent has expired or 
Office has decided to maintain the 
Section 84 
(1) If a European application or the designation of Denmark is 
withdrawn or the application or designation is deemed to be 
withdrawn in accordance with the European Patent Convention 
and the processing of the application is not resumed pursuant 
to Article 121 of the Convention, this shall have the same ef­
fect as the withdrawal of an application before the patent 
authority of this country. 
(2) If a European patent application is refused, this shall 
have the same effect as were the application refused by the 
patent authority of this country. 
Section 85 
(1) If the translations referred to in sections 77 and 83 do 
not comply with the text in the language of the proceedings 
before the European Patent Office, the patent protection shall 
only extend to subject-matter disclosed in both texts. 
(2) In revocation proceedings only the text in the language of 
the proceedings shall apply. Section 86 IP/N/IIDNKlPIl 
Page 35 
(1) If the applicant or the proprietor of the patent files 
with the patent authority of this country a correction to the 
translation referred to in section 77 and if he pays the pre­
scribed pr1nting fee, the corrected translation shall be avai­
lable to the public provided that the original translatlon is 
available to the public. When such correction has been filed, 
and the fee has been duly paid, the patent authority of this 
country shall publish a notice concerning the correction pro­
vided that the original translation is available to the pub­
lic. Printed copies of the translation shall be obtainable 
from the patent authority of this country without delay. 
(2) If the applicant files a correction to the translation re­
ferred to in section 83, the patent authority of this country 
shall publish a notice to that effect and shall make the cor­
rected translation available to the public. When the notice 
has been published, the corrected translation shall replace 
the original translation. 
(3) Any person, who at the time the corrected translation en­
tered into force, in good faith commercially exploited the in­
vention in this country in such a manner that according to 
the previous translation it did not infringe the rights of the 
applicant or the proprietor of the patent or had made substan­
tial preparations for such exploitat10n shall have the rights 
provided for in section 74 (2) and (3). 
Section 87 
(1) If the European Patent Office re-establishes the rights 
for a patent applicant or a proprietor of a patent who has not 
observed a time limit, this decision shall also apply ln this 
country. 
(2) Any person, who after loss of rights has occurred, but 
prior to the re-establishment of the rights and publication of 
a notice to that effect by the European Patent Office, in good 
faith commenced commercial explo1tation of the invention or 
has made substantial preparations for such exploltatlon shall 
have the rights provided for in section 74 (2) and (3). IP/NIl/DNKlPIl 
Page 36 
Section 88 
(1) If an application for a European patent filed with a na­
tional patent authority is deemed to be withdrawn due to the 
fact that the European Patent Office did not receive the 
application within the prescribed time limit, the patent 
authority shall on request of the applicant regard the 
application as converted to an application for a patent in 
this country, provided that 
i) the request is filed with the national authority which re­
ceived the application within 3 months after the applicant has 
been notified that the application is deemed to be withdrawn, 
ii) the request is filed with the patent authority in this 
country within 20 months after the filing date of the appli-
cation or if priority has been claimed after the priority date 
and 
iii) the applicant within a time limit to be fixed by the Mi­
nister of Industry pays the prescribed application fee and 
files a translation of the application in Danish. 
(2) Provided that the patent application complies with the re­
quirements of the European Patent Convention with regard to 
form the application shall be accepted in that respect. 
Section 89 
The provisions of Articles 9, 60, 126 and 131 of the European 
Patent Convention and the protocol annexed to the Convention 
on Jurisdiction and the Recognition of Declsions in respect of 
the Right to the Grant of a European patent (Protocol on Re­
cognition) shall apply in this country. 
Section 90 
"The Minister of Industry shall lay down further rules for the 
implementation of the European Patent Convention and the im­
plementation of the provisions in this Part. " Section 2 IP/N/lIDNKlPIl 
Page 37 
This Act shall enter into force on 1st January 1990. 
Section 3 
The powers which according to Grundloven (the Danish Constitu­
tion) are vested in the authorities of this country shall, to 
the extent it is laid down in the European Patent Convention, 
be executed by the institutions mentioned in that Convention. 
Section 4 
This Act does not apply to the Faroe Islands and Greenland. 
Given at Christiansborg Castle on 7th June 1989 
Under Our Royal Hand and Seal 
MARGRETHE R. /Henning Dyremose 