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 is available in both English and Danish.

Apply for a patent in Denmark

If you want to apply for a patent in Denmark in English, you can also use the service eOLF, provided by the European Patent Office (EPO). The service is free of charge but you have to install a piece of software, which then is used with an electronic smartcard (which you order from EPO). This means that the application process is encrypted and secure.

Step 1, Install EPO’s Online Filing software. Be aware that you need to make a “special installation” and add resources for Denmark. Otherwise, you will not be able to choose the Danish Patent and Trademark Office and will not receive the certificate for the Danish server.

Install software from EPO

Step 2, Order an EPO smart card. Within 20 days you will receive the card. The pincode for the card will be sent separately, along with instructions on how to activate the card.

Order EPO smart card  

Step 3, Once you have received your EPO smartcard, you must sign up for the Danish filing server before you can file your application.

Sign up to Danish filing server

Step 4, Control that your smartcard is working. If your card is working and is correctly installed, you will see this message, “This is the Online Filing receiver URL. Your smart card certificate is working correctly and you can file to this URL using the Online Filing client.”

See if your smart card is working

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

• Application form

  • Information on the inventor(s), the applicant and a short title is required

• Description of the invention

• Drawings (optional)

• Claims

• Abstract

There are no deadlines for filing a patent application. One of the main requirements for a patent is that the invention is new. It is thus important that you do not show your invention to anyone prior to filing the patent application.

If you want to extend your application to other countries, this must be done 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 then 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 1.605, year 10 DKK 2.484 and year 20 DKK 5.525.

See our full pricelist here.

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).

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 2.165 for getting the patent validated in Denmark, which must be payed 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 1.350, year 10 DKK 2.485 and year 20 DKK 5.525.

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

Unitary Patent A European patent with unitary effect – or "Unitary Patent" – is a European patent, granted by the EPO under the rules and procedures of the European Patent Convention (EPC). 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 system that have ratified the Agreement on a Unified Patent Court.

The unitary patent does not replace the traditional European patent system but is an additional option for patent proprietors.

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.

Learn more about Unitary Patent See Unitary Patent fees