PCT NATIONAL PHASE ENTRY
Denmark

Denmark Map

Denmark stands prominently among the world's leading nations known for its high levels of innovation and technological intensity. The country's commitment to advancements in various fields positions it as a significant player in the global landscape of innovation, reflecting its dedication to pushing the boundaries of technology and fostering a culture of forward-thinking and creativity. The nation exhibits a considerable number of patents per capita, notably excelling in diverse sectors such as life sciences, pharmaceuticals, biomedicine, environmental science, and food and agriculture. This demonstrates a remarkable commitment to innovation and intellectual property within the nation.

The country became a Patent Cooperation Treaty (PCT) contracting state on 1 December 1978.

DEADLINE TO FILE PATENT APPLICATION

The designated period for submitting a patent application in Denmark under the framework of the Patent Cooperation Treaty (PCT) is 31 months from the earliest date of priority.

LANGUAGE TO FILE NATIONAL PHASE APPLICATION

In this particular region, the official language for filing patent application is Danish or English. If the international application is in a different official language, providing a translation into the above mentioned languages is mandatory. This ensures accuracy and regulatory compliance, which make a seamless and trouble-free progression through the patenting procedures.

EXTENSION FOR LATE ENTRY INTO NATIONAL PHASE

The timelimit for submitting a patent application to the late national phase entry can not be extended. The translation into Danish or English can be be provided within Two months before the expiration of 31 months or within 33 months with the extension

REQUIREMENTS FOR FILING PATENT APPLICATION

The essential documents required for filing a national phase application include:

  • Power of Attorney: The designation of an agent can be accomplished by either submitting a distinct power of attorney or utilizing a dedicated form designed for this specific purpose.
  • Verified Translation

COST EXEMPTION AVAILABLITY FOR NATIONAL PHASE FILING

No cost exemptions are provided for the patent application upon entering the national phase.

REQUEST FOR EXAMINATION

Upon entering the PCT national phase in Denmark, a formal request for substantive examination is initiated. This pivotal step is marked by the payment of the requisite filing fee, signifying the commencement of a thorough and detailed examination process.

PATENT PROSECUTION HIGHWAY

The Danish Patent and Trademark Office collaborates with patent offices globally to expedite patent applications through programs like the Patent Prosecution Highway (PPH). This program is a mutually agreed-upon administrative process among patent offices. It enables a patent application submitted to a foreign patent office to undergo an expedited patent prosecution if it has received a favorable outcome from a previous patent office.

PCT-PPH is among several collaborative efforts. Various bilateral agreements have been established among patent offices to encourage worksharing. This facilitates patent applicants to seek expedited processing during the national phase, allowing patent examiners to leverage work products from other offices. These work products may encompass:

  • The opinions furnished by the International Searching Authority,
  • The International Preliminary Examining Authority, or
  • The international preliminary examination report under the PCT, are considered, subject to specific conditions.

The Danish Patent and Trademark Office has established PCT-PPH agreements with:

Brazil (BR): National Institute of Industrial Property

China (CN); China National Intellectual Property Administration

RENEWAL FEE

Every year, it is necessary to pay renewal fees after the international filing date. The subsequent renewal fees must be cleared before the conclusion of the month that encompasses the anniversary of the international filing date. It is permissible to make the payment, although with a 20% surcharge for delay, up to the conclusion of the sixth month following the month that includes the aforementioned anniversary.

PATENT TERM

The patent term for protection patents in this region is 20 years. There is no provision for extending a patent beyond the initial 20-year term after its expiration in this jurisdiction.

INNOVATION INDEX

The Global Innovation Index (GII) assesses global economies based on their innovation capabilities. With approximately 80 indicators categorized into innovation inputs and outputs, the GII is designed to comprehensively encompass the diverse dimensions of innovation.

Denmark secures the 10th position among the 132 economies highlighted in the Global Innovation Index (GII) for the year 2022. Notably, within the high-income group comprising 48 economies, Denmark maintains its 10th position. Furthermore, in the European context, Denmark is positioned at 7th place among the 39 economies assessed in the GII.

KEY FACTORS

In Denmark, the overall global ranking for total patent applications is 16th. The country holds the 16th position for the total number of abroad patent applications it receives. Additionally, the country is ranked 13th globally for the total number of entries in the PCT national phase. This indicates a notable presence and engagement in international patent activities, reflecting the country's standing in the global innovation landscape.

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