Can the priority right of a Danish invention patent application be restored?

Submitted by 页之码 on

Reinstatement of priority is accepted on grounds of "due care."

专利申请流程

  • DKPTO conducts formality examination and substantive examination of invention patent applications. Danish patent applications can be filed and examined in English, but when the patent is granted the Claim need to be translated into Danish. The substantive examination starts automatically, and there is no need for the applicant to submit a request for substantive examination. DKPOT will conduct novelty search and patentability examination, and the applicant will receive the first search report within 6 to 7 months from the date of application. The patent application will be granted in about 1-3 years after the grant conditions are met.

  • 20 years

  • Filing Language: Danish/English

    via Paris Convention via Nationalization of PCT

    Necessary documents:

    1. Abstract
    2. Abstract Drawing
    3. Claim
    4. Specification
    5. Drawing

    Necessary documents:

    1. Abstract
    2. Abstract Drawing
    3. Claim
    4. Specification
    5. Drawing

    Attachments (if any)

    1. Sequence Listing (PDF format and TXT format)
    2. Certificate of Deposit of Microorganisms and its Danish/English translation
    3. Certificate of Microbiological Survival and its Danish/English translation
    4. Scanned Copy of Certified Priority Document / DAS
    5. Declaration of Ownership/Certification of Employment/Assignment of priority
    6. Assignment for Patent Right Transfer
    7. Notification issued by CNIPA notify the applicant the application has passed through the security review

    Attachments (if any)

    1. WIPO Publication
    2. ISR/IPRP
    3. Entry into the Danish national phase 19/28/34/41 amended
    4. Sequence Listing (PDF format and TXT format)
    5. Certificate of Deposit of Microorganisms and its Danish/English translation
    6. Certificate of Microbiological Survival and its Danish/English translation
    7. Declaration of Ownership/Certification of Employment/Assignment of priority
    8. Assignment for Patent Right Transfer

  • Filing Language: Danish/English

    via Paris Convention via Nationalization of PCT

    Necessary documents:

    1. Abstract
    2. Abstract Drawing
    3. Claim
    4. Specification
    5. Drawing

    Necessary documents:

    1. Abstract
    2. Abstract Drawing
    3. Claim
    4. Specification
    5. Drawing

    Attachments (if any)

    1. Scanned Copy of Certified Priority Document / DAS
    2. Declaration of Ownership/Certification of Employment/Assignment of priority
    3. Assignment for Patent Right Transfer
    4. Notification issued by CNIPA notify the applicant the application has passed through the security review

    Attachments (if any)

    1. WIPO Publication
    2. ISR/IPRP
    3. Entry into the Danish national phase 19/28/34/41 amended
    4. Declaration of Ownership/Certification of Employment/Assignment of priority
    5. Assignment for Patent Right Transfer
  • Within 12 months before the filing date/priority date.

  • 4 weeks

  • yes

  • Reinstatement of priority is accepted on grounds of "due care."

    • via Paris Convention : 6 months from earliest priority date.
    • EU appearance route: 6 months from the earliest priority date.
    • Hague Agreement route: 6 months from earliest priority date.
    • via Paris Convention : 12 months from earliest priority date.
    • via Nationalization of PCT : 31 months from earliest priority date.