Intellectual Property Rights

In Denmark, an exclusive right to an invention may be obtained through the filing of a patent application with the Danish Patent and Trademark Office. The exclusive right applies from the date of filing the patent application onwards for up to 20 years. You can file a patent application either online (see below) or by sending the application to The Danish Patent and Trademark Office Helgeshoej Allé 81 DK - 2630 Taastrup

To obtain a patent, the invention must:

• Be new (global novelty)

• Differ essentially from the prior art

• Be industrially applicable

The procedure for applying for a patent in Denmark is available online. This link leads to the main page where the patent application can be filed. Language options can be selected in the top right-hand corner.

Apply for a patent in Denmark

When you want to start the application procedure, the patent application is a key document. The application consists of the following information and documents:

• Basic information on the applicant, the inventor(s), declaration of applicants right to the invention and a short title is required

• Description of the invention

• Drawings (optional)

• Claims

• Abstract

One of the main requirements for grant of a patent is that the invention is new. Therefore, it is important that you do not show your invention to anyone prior to filing the patent application.

If you wish to extend your application to other countries, you must do so within 12 months of the filing date.

The basic fee for a patent application to the Danish Patent and Trademark Office is DKK 3.000, including up to 10 patent claims. Each additional claim costs DKK 300.

An annual renewal fee must be paid to uphold the patent. The first three years, the fee amounts to a total of DKK 1.650, year 10 DKK 2.560 and year 20 DKK 5.690.

See our full price list

You can also apply for a European patent (EP patent) with the European Patent Office (EPO) and then at a later stage decide where you want your European patent to enter into force, either by validating in individual countries and/or by requesting unitairy effect (Unitary Patent).

Validation If you want to validate your European patent in Denmark, you must file a request of validation in Denmark within three months from the date of grant of the European patent. A patent granted by the EPO in English is accepted for validation in Denmark once DKPTO has received both the claims in Danish as well as the publication fee. A patent granted by the EPO in German or French is accepted for validation in Denmark by filing a Danish translation of the claims and a Danish or English translation of the specification. Annotations to drawings and photographs must also be in English or Danish.

There is a fee of DKK 2.230 for getting the patent validated in Denmark, which must be paid to DKPTO. The annual renewal fee for maintaining the patent in Denmark must also be payed to DKPTO. As with patents filed directly to DKPTO, the annual fee is gradually increased year by year. In year 5 the fee is DKK 1.390, year 10 DKK 2.560 and year 20 DKK 5.690.

See DKPTOs online filing system of an EP patent You can switch to English in the top hand right corner Get details on how to apply for a patent with EPO

Unitary effect Once the EPO has granted the patent, the patent proprietor can request unitary effect, which is given for the territory of the EU Member States participating in the Unitary Patent that have ratified the Agreement on a Unified Patent Court.

The unitary patent is an alternative option for patent proprietors to achieve legal effect of their European patent in the member states.

Learn more about Unitary Patent

The annual renewal fee for maintaining a Unitary Patent is gradually increased year by year. In year 5 the fee is EUR 315, year 10 EUR 1.175 and year 20 EUR 4.855.

See Unitary Patent fees

Open interactive fee schedule and select “Unitary protection fees” in the drop-down menu under “Fee group”.