Part II 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 General, and the Patent Board of Appeal (Board of Appeal for Industrial Property). For the purposes of this Act, the ‘Patent Authority’ means the Patent Authority of this country unless otherwise stated.

		(2)     The Patent Board of Appeal shall be established by the Minister of Industry for the examination of appeals from decisions of the Patent Office, cf. sections 25 and 67, and appeals from decisions pursuant to the Industrial Designs Act, the Trade Marks Act, etc. The Patent Board of Appeal shall consist of not more than eighteen members, who shall be appointed for a term of 5 years. Two of the members, one of whom shall be the chairman, shall possess the general qualifications for appointment to the office of a High Court judge, while the other members combined shall have the best possible expert knowledge of patents, industrial designs, trade marks and matters placed under the authority of the Patent Board of Appeal by other legislation. They shall have graduated from the Technical University of Denmark (Danmarks Tekniske Hojskole), from another institute of higher 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 appellant 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 (2)     The application shall contain a description 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 claims). The fact that the invention relates to a chemical compound shall not imply that a specific 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 fulfilled. (3)     The application shall also contain an abstract of the description and claims. The abstract shall merely serve for use as technical information and may not be taken into account for any other purpose. (4)     The name of the inventor shall be indicated in the application. If the applicant is not the inventor, he shall prove his right to the invention. (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. 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 describable in the documents of the application in such a manner 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 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 viable, 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. Section 9 If the applicant so requests and pays the prescribed fee, the Patent Authority shall, in accordance with rules laid down by the Minister of Industry, cause the application to be searched by an International Searching Authority under the provisions of Article 15(5) of the Patent Cooperation Treaty, done at Washington on 19th 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 invention 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 Industry, 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 country, he shall have an agent residing in this country 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 claimed for subject-matter which was not disclosed in the application at the time when it was filed or at the time when it shall be deemed to have been filed under section 14. Section 14 (1)     If the applicant amends the application within 6 months from its date of filing, the application shall, if the applicant so requests, be deemed to have been filed at the time when the amendment was received by the Patent Authority. (2)     Any request under 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 acceptance of the application, the applicant shall be notified accordingly and be invited to file his observations 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 consulting the applicant. (2)     If the applicant fails to file the required observations or to take steps to correct the application within the expiry of the time limit, the application shall be shelved. The notification referred to in (3)     The proceedings for grant shall, however, be resumed if the applicant submits his observations or takes steps to correct the application within 4 months alter the expiry of the specified time limit and pays the prescribed resumption fee. (4)     If any renewal fee is not paid according to 41 and 42, the application shall be shelved without previous notification. In the case of an application shelved for that reason the proceedings for grant may not be resumed. Section 16 If, after having received the applicant’s reply, the Patent Authority still has objections to the acceptance of the application, and the applicant has had the opportunity to comment on the objections, the application shall be refused unless the Patent Authority considers it necessary once more to invite the applicant under Section 17 (1)     If any person claims before the Patent Authority that he, and not the applicant, is entitled to the invention, the Patent Authority may, if it 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 in deciding on the patent application. Information to that effect shall be given in the invitation. (2)     If legal proceedings have been brought concerning the right to an invention for which a patent has been applied for, the proceedings for grant may be suspended until a final decision has been given in the legal proceedings. Section 18 (1)     If any person proves to the Patent Authority that he, and not the applicant, is entitled to the invention, the Patent Authority shall transfer the application to the said person if he so requests. The transferee shall pay a new application 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 the request. Section 19 (1)     If the application complies with the requirements, and no objections have been found to the grant of a patent, the application shall be accepted for being laid open to public inspection under section 21. (2)     After the application has been accepted for being laid open to public inspection, no request may be filed under section 14, and the claims may not be amended in such a way as to extend the protection conferred. Section 20 (1)     The applicant shall pay the prescribed publication fee within 2 months after the Patent Authority has notified him of the acceptance of the application for publication. Failure to pay shall result in the shelving of the application. The proceedings for grant shall, however, be resumed if the applicant pays the publication fee and the prescribed resumption fee within 4 months after the expiry of the time limit. (2)     If the applicant is the inventor, and if, within the time limit prescribed in Section 21 (1)     When the publication fee under section 20 has been paid or exemption from payment of the said fee has been granted, the Patent Authority shall publish the application by laying it open to public inspection in order to give the public an opportunity to file an opposition against it. The publication shall be advertised. (2)     An opposition shall be filed in writing with the Patent Authority within 3 months from the date of the advertisement. (3)     From the date on which the application is laid open to public inspection, printed copies of the description, the claims and the abstract shall be obtainable from the Patent Authority. The copies shall contain information about the applicant and about the inventor. Section 22 (1)     As from the date on which the application is laid open to public inspection, the files of the application shall be available to the public. (2)     When 18 months have elapsed from the date of filing or, if priority has been claimed under section 72 or 73. (3)     At the request of the applicant the files of the application shall be made available earlier than prescribed in (2). (4)     When the files are made available under (3), a notice to that effect shall be published. (5)     If a document contains business secrets which do not concern an invention for which a patent is applied for, the Patent Authority may, on request, when circumstances make it desirable, decide that the document shall not be available or only available 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 decision may be appealed against. An appeal shall have suspensive effect. (6)     If a culture of a micro-organism has been deposited under section 8a, any person shall have the right to obtain a sample of the culture when the files become available under (2) or (7)     Notwithstanding (8)     The request for the furnishing of the sample shall be filed in writing with the Patent Authority and shall contain a declaration 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. Section 23 (1)     After the expiry of the time limit prescribed in (2)     If an opposition has been filed, the applicant shall be notified accordingly and be given an opportunity to file his observations 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 or, if the application has been accepted despite a duly filed opposition, by the opponent. If the latter withdraws his appeal, such appeal may nevertheless be examined when circumstances make it desirable. (2)     Decisions rejecting a request for resumption under section 20 (1) or complying with a request for transfer under section 18 may be appealed against by the applicant. Decisions rejecting a request for the transfer of the application may be appealed against by the person making the request. (3)     Decisions rejecting a request under Section 25 (1)     Appeals from decisions concerning patent applications shall be filed with the Patent Board of Appeal not later 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 pay shall result in rejection of the appeal as inadmissible. (2)     The decisions of the Patent Board of Appeal may not be brought before any higher administrative authority. (3)     Proceedings for the trial of decisions of the Patent Office which may be appealed against to the Patent Board of Appeal may not be brought before the courts until the decision of the Patent Board of Appeal has been given, cf., however, sections 52 and 53. Proceedings for the trial of decisions by which the Patent Board of Appeal refuses an application for a patent shall be brought within 2 months after the date on which the party concerned was notified of the decision. (4)     The provision of Section 26 (1)     A patent has been granted when the corresponding patent application has been finally accepted. When a patent has been granted, the grant shall be advertised, and a patent certificate shall be issued. If the description or the claims have been amended as compared with the copies referred to in (2)     If an application which is available to the public is finally refused or shelved, the refusal or shelving shall be advertised. Section 27 Granted patents shall be entered in a Register of Patents which shall be kept by the Patent Authority.

Part III International patent application

		Section 28

		(1)     An ‘international patent application’ means an application under the Patent Cooperation Treaty, done at Washington on 19th June 1970.

		(2)     An international patent application shall be filed with a patent authority or an international organization which is competent under the Treaty and the Regulations to receive such application (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 shall apply to international patent applications designating Denmark.

		Section 29

		An international patent application which has been accorded an international filing date by the receiving Office shall have the same effect as a patent application filed in this country on that date. The provision of section 2 (2), second sentence, shall, however, not apply unless the application has been proceeded with under section 31.

		Section 30

		An international patent application shall be considered withdrawn as far as Denmark is concerned in the cases referred to in (ii) of the Treaty.

		Section 31

		(1)     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 international application to the extent prescribed by the Minister of Industry or, if the application is written in Danish, a copy of the application.

		(2)     If the applicant demands that an international application shall be the subject of an international preliminary examination, and if within 19 months from the date referred to in subsection (1) within 30 months from the said date.

		(3)     If the applicant has paid the prescribed fee within the time limits fixed in (2), the prescribed translation or copy 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 requirements of this section, the application shall be considered withdrawn as far as Denmark is concerned.

		Section 32

		If the applicant withdraws a demand for 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 expiry of the time limit applicable under section 31(1), cf. Section 33 (1)     When an international patent application has been proceeded with under section 31, the provisions of Part II of this Act shall apply to the application and to the examination and further processing thereof with the deviations provided for in this section and in sections 34 to 37. The examination and further processing of the application shall only be commenced prior to the expiry of the time limits applicable under (2) if the applicant so requests. (2)     The provision of section 12 shall only be applicable as from the time when the Patent Authority may commence the examination and other processing of the application. (3)     The provisions of (3) shall apply even before the application has been proceeded with when the applicant has complied with his obligation under section 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. (4)     For the purposes of sections 48, 56 and 60 an international patent application shall be deemed to have been made available to the public when it has been made available under (5)     If the application complies with the requirements relating to form and contents provided for in the Treaty, it shall be accepted in that respect. Section 34 An international patent application shall only be accepted for being laid 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 application being decided upon prior thereto. Section 35 Without the consent of the applicant an international patent application shall not be laid open to public inspection or published in printed form by the Patent Authority prior to its publication by the International Bureau of the World Intellectual Property Organization (WIPO) or prior to the expiry of 20 months from the international filing date or, if priority is claimed, from the priority date. Section 36 (1)     If any part of an international patent application has not been the subject of an international search or an international preliminary examination because the application has been deemed to relate to two or more mutually independent 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 Authority notified him of the result of the review. If the Patent Authority considers that the finding was not justified, it shall proceed with the examination and other processing of the application in its entirety. (2)     The applicant may appeal against a decision under section 25(1) to (3)     If the appeal is dismissed, the time limit for payment of the fee under Section 37 If any part of an international patent application has not been the subject of an international preliminary examination because the applicant has restricted the claims at the invitation of the International Preliminary Examination Authority, that 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 Authority invited him to pay with reference to the restriction of the examination carried out. Section 38 (1)     If a 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 Authority shall, at the request of the applicant, review 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 (3)     If the Patent Authority finds that the decision of the receiving Office or the International Bureau was not justified, the Patent Authority shall examine and process the application under Part II 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 Patent 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), second sentence, shall apply to applications to be examined and processed pursuant to

Part IV 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 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 patent.

		Part V Payment of renewal fees

		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 patent application renewal fees in respect of fee years having begun before the date on which the application was proceeded with under section 31 or taken up for examination and other 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.

		Section 42

		(1)     If the inventor is the applicant or the proprietor of the patent, and if it is deemed 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 submitted not later than on the date on which the renewal fees fall due for 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 on the date on which the granted respite expires.

		(2)     If a request for a respite or a prolongation of a respite is rejected, 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 section 41(3), be paid within 6 months after the date until which the respite has been granted.

		Part VI Licensing, transfer, etc.

		Section 43

		If the proprietor of the patent has granted another person a right to exploit the invention commercially (licence), 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 or the grant of a licence shall on request be recorded in the Register of Patents.

		(2)     If it is proved that a registered licence has terminated, the licence shall be deleted from the Register.

		(3)     The provisions of (2) shall also apply to compulsory licences and rights under (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 invention in this country may obtain a compulsory licence to do so unless there are shown legitimate reasons for the failure to work the invention. (2)     Subject to reciprocity the Minister of Industry may direct that for the purposes of Section 46 (1)     The proprietor of a patent for an invention the exploitation of which is dependent on a patent held by another person may obtain a compulsory licence to exploit the invention protected by the latter patent if it is deemed to be reasonable in view of the importance of the former invention or for other special reasons. (2)     The proprietor of the patent in respect of which a compulsory licence has been granted pursuant to the provision of 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 licence to do so. Section 48 (1)     Any person who, in this country, at the time when a patent application was made available to the public, was commercially exploiting the invention for which a patent is applied for, may, if the application results in a patent, obtain a compulsory licence to exploit the invention if very special circumstances make it desirable 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 licence may include the time preceding the grant of the patent. Section 49 (1)     A compulsory licence may only be granted to a person who may be presumed to be able to exploit the invention in a reasonable and acceptable way and in accordance with the terms of the licence. (2)     A compulsory licence shall not prevent the proprietor of the patent from exploiting the invention himself or from granting licences to others. The compulsory licence may only be transferred to others together with the business in which it is exploited or in which the exploitation was intended. Section 50 The Maritime and Commercial Court of Copenhagen shall decide as the court of first instance whether a compulsory licence shall be granted and shall also determine the extent to which the invention may be exploited, fix the compensation and lay down the other terms of the compulsory licence. If circumstances should change considerably, the Court may, at the request of either party, cancel the licence or lay down new terms of the licence.

Part VII Termination of the patent, etc.

		Section 51

		If any renewal fee is not paid in accordance 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.

		Section 52

		(1)     A patent may be revoked by a court decision if:

		(i)     it has been granted notwithstanding that the requirements under <>

		(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;

		(iii)     its subject-matter extends beyond the content of the application as filed; or

		(iv)     it has been granted notwithstanding that the protection conferred by the patent has been extended after the acceptance of the application for being laid open to public inspection.

		(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 patent.

		(3)     With the exceptions provided for in (4)     Proceedings on the ground that the patent has been granted to another person than the one entitled thereto under <> Section 53 (1)     If a patent has been granted to another person than the one entitled thereto under (2)     The person who is deprived of the patent shall, if he in good faith is exploiting the invention commercially in this country or has made substantial preparations for such exploitation, be entitled, for a reasonable compensation and on reasonable conditions in other respects, to continue the exploitation already commenced or to commence the planned exploitation retaining its general character. Such a right shall also, under the same conditions, be enjoyed by holders of registered licences. (3)     Rights under 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 a patent, the patent shall not be declared to have ceased to have effect until a final decision has been given in the proceedings. Section 55 When a patent has lapsed or has been declared to have ceased to have effect or has been revoked or transferred to another person by a final court decision, the Patent Authority shall publish a notice to that effect.

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