Who is Eligible to File a Patent in Denmark
Any natural person or legal entity listed as an applicant in the PCT application may enter the Danish National Phase Filing. There are no nationality restrictions.
Applicants without residence or a place of business in Denmark or the European Economic Area (EEA) must appoint a Danish-authorized patent agent or attorney. AnalystIP works in close coordination with qualified Danish patent professionals to ensure full procedural compliance and effective prosecution.
Applicant ownership must correspond to the PCT application, or be supported by a valid assignment document.
Critical Deadline For Patent Filing in Denmark(30/31-Month Rule)
Denmark applies a 31-month deadline from the earliest priority date for entering the national phase from a PCT Filing.
This deadline is strictly enforced. Failure to file within the prescribed period generally results in loss of patent rights in Denmark, unless restoration is successfully obtained under limited conditions.
Extension or Restoration After Missing the Deadline
Danish patent law allows for reinstatement of rights if the applicant can demonstrate that the failure to meet the 31-month deadline occurred despite all due care required by the circumstances.
Restoration requires:
- A formal request for reinstatement
- Payment of official fees
- Submission of a reasoned statement and supporting evidence
Reinstatement is discretionary and not guaranteed. From a risk-management and compliance perspective.
Filing Language for Denmark Patent Application
Patent applications in Denmark must be filed in Danish or English.
For PCT national phase entry:
- English is fully accepted for filing, examination, and grant
- No mandatory Danish translation is required unless requested in specific proceedings
The availability of English significantly reduces translation costs for international applicants while maintaining full enforceability.
Required Documents for Patent Filing in Denmark
The following documents are required to enter the Danish national phase:
- Copy of the PCT application (description, claims, drawings, abstract)
- International Search Report (ISR) and Written Opinion (if available)
- Applicant and inventor details
- Power of Attorney (POA)
- A simple signed copy is sufficient
- No notarization, legalization, or apostille required
- Assignment document (only if applicant differs from PCT filing)
- Simple copy accepted
- Notarization is generally not required
No declaration of inventorship is required at filing.
Denmark Patent Search and Examination Procedure
Denmark conducts a full substantive Denmark Patent search and examination, covering:
- Novelty/Patentability Search
- Inventive step
- Industrial applicability
- Sufficiency of disclosure
- Unity of invention
The Danish Patent and Trademark Office often relies on international and European search results, supplemented by its own examination. This results in high-quality, litigation-resilient patents.
Examination Process and Office Actions
After formal examination, the application enters substantive examination. The Office may issue office actions raising objections related to:
- Prior art disclosures
- Lack of inventive step
- Claim clarity and support
- Excluded subject matter
Applicants are provided with statutory deadlines to respond, amend claims, or submit arguments. Failure to respond may lead to refusal.
Deadline for Request for Examination
In Denmark, substantive examination is automatically initiated upon filing. No separate request for examination is required.
However, applicants may request accelerated examination where commercial urgency exists.
Publication Process and Legal Impact
Danish patent applications are published 18 months from the priority date.
Publication provides:
- Public notice of the invention
- Provisional protection (reasonable compensation may be claimed after grant)
- Increased transparency for investors, partners, and licensees
Full enforcement rights commence only after the grant.
Grant Process and Enforceability
Once examination requirements are satisfied, the patent is granted and entered into the Danish Patent Register.
Upon grant:
- The patent becomes fully enforceable
- Injunctions, damages, and seizure remedies are available
- Customs enforcement is possible under EU regulations
Danish courts are recognized for technical competence and efficient handling of patent disputes, making Denmark a strong enforcement jurisdiction.
Validity Term
A Danish patent is valid for 20 years from the international filing date, subject to payment of annual renewal fees.
Supplementary Protection Certificates (SPCs) may be available for pharmaceuticals and plant protection products under EU law.
Typical Time to Obtain a Patent in Denmark
The average time from national phase entry to grant in Denmark is approximately:
The timeline depends on examination complexity, office actions, and applicant responsiveness.
Annuities and Maintenance Procedure
Annual renewal fees are payable starting from the 3rd year, calculated from the international Patent filing date.
Late payment is allowed within a grace period with a surcharge. Failure to pay annuities results in lapse of the patent.
Official Government Fees for Patent Filing in Denmark
Filing Fees (DKK)
| Fee Type | Amount (DKK) |
| National Phase Filing Fee | 3,000 |
| Additional Claims (per claim over 10) | 300 |
| Additional Pages | Included |
Examination Fees
| Fee Type | Amount (DKK) |
| Substantive Examination | Included |
| Accelerated Examination | Available on request |
Grant and Publication Fees
| Fee Type | Amount (DKK) |
| Grant Fee | Included |
| Publication Fee | Included |
Annuity Fees (Approximate)
| Patent Year | Fee (DKK) |
| 3rd Year | 1,500 |
| 10th Year | 4,000 |
| 20th Year | 8,000 |
Utility Model Protection in Denmark
Denmark does not offer utility model (short-term patent) protection. Applicants seeking utility model rights must consider other jurisdictions where such protection is available.
Danish Patent Office Details
Danish Patent and Trademark Office (DKPTO)
Official Website: Danish Patent Office
