WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects of 
Intellectual Property Rights IPIN/1IDNKJP/4 
11 January 2001 
(01-0132) 
Original: English/ 
anglais/ 
ingh~s 
MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
DENMARK 
The present document reproduces the textl of the Order Concerning Patents and 
Supplementary Protection Certificates N° 77, as notified by Denmark under Article 63.2 of the 
Agreement (see document IP/NIl/DNKl1IRev.I). 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES A. LA 
PROPRIETlt INTELLECTUELLE NOTIFIEES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
DANEMARK 
Le present document contient le textel de l'Ordonnance nO 77 relative aux brevets et aux 
certificats compIementaires de protection, notifiee par le Danemark au titre de l'article 63:2 de 
l'Accord (voir le document IP/N/1IDNKl1IRev.l). 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL pARRAFO 2 DEL ARTicULO 63 DEL ACUERDO 
DINAMARCA 
En el presente documento se reproduce el textol de la Orden concerniente a certificados de 
patentes y de proteccion complementaria, N° 77, notificada por Dinamarca en virtud del parrafo 2 del 
articulo 63 del Acuerdo (vease el documento IP/N/1IDNKllIRev.l). 
I In English only. The text in the original language is available for consultation by interested 
Delegations at the WTO Secretariat.lEn anglais seulement. Les delegations interessees peuvent consulter le 
texte dans sa languc d'origine, au Secretariat de rOMC.fEn ingles solamcnte. Las delegaciones interesadas 
podnin consultar en la Secretaria de la OMC el texto en su idioma original. IP/N/l/DNK/P/4 
Page 2 
The Danish Patent Office 
Order No. 77 of 30 January 1997 
Order concerning patents and supplementary protection 
certificates 
Pursuant to sections 5 (2), 6 (1), 2nd clause, 6 
(2),8 a, 9, 34, 45 (2),48 (3), 69, 90, 91 and 97 of 
the Danish Patents Act, cf. Consolidated Act 
No. 824 of13 September 1996, and by order un­
der section 1 of the Ministry ofIndustry Order 
No. 416 of 27 May 1992, it is laid down that: 
Chapter I 
Patent applications 
Part 1 
Scope 
1.-Unless otherwise provided, the provisions 
relating to patent applications shall only apply 
to: 
(i) 
(ii) Danish patent applications, 
international applications proceeded with 
under section 31 of the Patents Act, or ta-
ken up for examination and other proces­
sing under section 38 of the Patents Act, 
and 
(iii) European patent applications converted 
into Danish patent applications under sec­
tion 88 of the Patents Act. 
Part 2 
Filing and recording of applications 
2.-(1) Danish patent applications shall be filed 
with the Patent Office. 
Industrimi!1. (2) International applications designating 
Denmark shall be filed with an authority or an 
international organisation being the prescribed 
receiving Office under the Patent Cooperation 
Treaty. Provisions relating to the Patent Office 
as receiving Office are found in sections 99 to 
103 of this Order. 
(3) European patent applications designa­
ting Denmark shall be filed with an authority or 
a European organisation being the prescribed 
receiving Office under the European Patent 
Convention. Provisions relating to receipt by 
the Patent Office of European patent applica­
tions are found in sections 108 to 109 ofthis Or­
der. 
3.-(1) A Danish patent application shall be ma­
de in writing. The application shall be filed 
with the Patent Office in the number of copies 
prescribed by the Office. The application form 
shall be provided free of charge by the Patent 
Office. 
(2) The application shall be signed by the ap­
plicant or his agent and shall indicate: 
(i) the applicant's name or firm name, mai­
ling address and, if the applicant is not re­
presented by an agent, his telephone and 
fax number, if any, and, if the applicant is 
represented by an agent, the latter's name or firm name, mailing address and telep­
hone and fax number, ifany, 
(ii) the inventor's name and mailing address, 
(iii) a brief and factual title of the claimed in­
vention, 
(iv) if a patent is applied for by several appli­
cants jointly, and these are not represen­
ted by an agent, whether one of the appli­
cants shall be authorised to receive com­
munications from the Patent Authority on 
behalf of all the applicants, 
(v) whether the application comprises the de­
posit of a culture of a micro-organism as 
referred to in section 8a (1) of the Patents 
Act, information hereof, and 
(vi) the documents accompanying the applica­
tion. 
(3) The documents accompanying the applica­
tion shall include: 
(i) a description of the invention, including 
drawings or photos if required for the un­
derstanding of the invention, and a se­
quence list, if required, cf. section 18 of 
this Order, patent claims and an abstract, 
(ii) if the applicant is represented by an agent, 
a power of attorney for the agent unless a 
power of attorney is gi ven separately in the 
application, and 
(iii) if the patent is applied for by someone ot­
her titan the inventor, documentary evi­
dence of the applicant's title. 
(4) The Patent Authority may grant exemp­
tion from the requirement to provide a written 
power of attorney. 
(5) The prescribed application fee shall ac­
company the application. 
4.-(l) If the applicant wishes the search referred 
to in section 9 of the Patents Act, a written re­
quest to that effect shall be made not later than 
3 months from the date of filing of the applica­
tion or from the date on which the application 
shall be deemed to have been filed, ef. section 
37 of this Order. 
5.-The Patent Authority shall mark the appli­
cation with the date on which it was filed. 
6.-(1) The Patent Office shall keep a record of 
patent applications filed. 
(2) In the record, the following data shall be 
entered: 
(i) the number of the application, IPINII/DNKlP/4 
Page 3 
(ii) the classes of the application according 
to the international patent classification 
system, 
(iii) the applicant's name or firm name and 
mailing address, 
(iv) if the applicant is represented by an 
agent, the name or firm name and mai­
ling address ofthe agent, 
(v) the inventor's name and mailing ad­
dress, 
(vi) the title of the invention, 
(vii)a) if the application is a Danish patent ap­
plication, the date of filing of the appli­
cation and the effective date of the ap­
plication if different from the date offi­
ling, 
(vii)b) If the application is an international ap­
plication, the international date offiling 
and the date on which the application 
was proceeded with under section 31 of 
the Patents Act or is deemed to have be­
en filed under section 38 (3) of the Pa­
tents Act, and the number of the inter­
national application, 
(vii)c) if the application is a converted Europe­
an patent application, the number of the 
European patent application, its date of 
filing under the European Patent Con­
vention and the date on which the Euro­
pean patent application was converted 
into a Danish patent application, 
(viii) if priority is claimed under section 6 of 
the Patents Act where the application 
serving as a basis for claiming a right of 
priority has been filed and the date offi­
ling and number of such application, 
(ix) if the application is made on the basis of 
division or excision, the number of the 
patent application, 
(x) If the application comprises the deposit 
of a culture of a micro-organism, infor­
mation to that effect and concerning the 
institution at which the culture has been 
deposited and the number which the de­
posited culture has been accorded by 
the institution, 
(xi) where new applications result from di­
version or excision from the applica­
tion, information to that effect and indi­
cation of the numbers of those applica­
tions, 
(xii) if the application has been made availa­
ble to the public under section 22 (3) of 
the Patents Act, the date thereof, IP/N/1/DNKlP/4 
Page 4 
(xiii) where a utility model application results 
from the patent application under sec­
tion 6 of the Utility Models Act, infor­
mation to that effect and the number of 
the utility model application, 
(xiv) Communications received and fees paid 
in respect of the application, and 
(xv) notifications and communications sent 
in respect of the application. 
-(3) The record shall be available to the public 
when the application has been made available 
to the public. However, the Patent Office may 
decide that some of the data referred to in sub­
section 2 hereof shall be available to the public 
before the said date. 
7.-The Patent Office may advertise informa­
tion on the applications referred to in section 6 
of this Order. If so, such advertisement shall 
contain the information stated in section 6 (2), 
(i) and (iii) to (ix) of this Order. 
Part 3 
Drawing up of applications 
8.-(1) Description, drawings, photos, patent 
claims and abstract shall be in the Danish lan­
guage. Other documents may be in Danish, 
Norwegian or Swedish. 
(2) If a document is drawn up in any other 
language than those prescribed in subsection 1 
hereof, a translation shall be filed. If the des­
cription, drawings, photos and patent claims at 
the filing of the application are in a language 
other than Danish, Norwegian or Swedish, the 
Patent Office may, however, abstain from re­
quiring a translation of the parts thereof which 
are not part of the basis docements, cf. 24 (2) of 
this Order. The Patent Office may also abstain 
from requiring a translation of documents ot­
her than the description, drawings, photos, pa­
tent claims and abstract, or accept a translation 
of such other documents into a language other 
than those mentioned in subsection 1 of this 
section. The Patent Office may require that the 
translation be certified by a translator or in 
another manner approved by the Patent Office. 
(3)A search and examination of patent ability 
may be undertaken for an application on the 
basis of description, patent claims and abstract 
in Norwegian or Swedish. In special cases, a se­
arch and examination of patentability may be 
undertaken in respect of an application based 
on a description, claims and abstract in En-glish, if the applicant so requests in writing and 
pays the prescribed fee. In either case the Pa­
tent Office shall not demand the translation re­
ferred to in subsection 2 hereof until the appli­
cant has received a reply to the search. 
9.-(l)The description, patent claims, drawings, 
photos and abstract shall be presented in a 
form suitable for reproduction. 
(2) These documents and amendments to 
them shall be filed in the number of copies and 
in the physical form prescribed by the Patent 
Office. 
Part 4 
Priority 
10.-(1) In order to obtain priority under section 
6 of the Patents Act, the applicant shall submit 
a claim to that effect in writing within 3 months 
ofthe filing of the application in this country or 
from the date on which the application shall be 
deemed to have been filed, cf. however subsec­
tion 2 hereof. The claim shall also state where 
the application whose priority is claimed was 
filed, its date of filing and, ifit is an internatio­
nal application, at least one of the designated 
States. For a Danish patent application, the ap­
plicant shall also state the number ofthe appli­
cation whose priority is claimed as soon as pos­
sible. 
(2) For international patent applications, 
priority shall be claimed at the same time as the 
filing of the application. The claim shall state 
where the application whose priority is claimed 
was filed, its date offiling and, ifit is an interna­
tional application, at least one of the designa­
ted States. The applicant shall state the number 
of the application whose priority is claimed to 
the receiving Office in question or to the Inter­
national Bureau of the World Intellectual Pro­
perty Organisation within 16 months from the 
priority date. 
(3) If an application is divided under section 
27 of this Order, the priority claim for the pa­
rent application shall apply, without any sepa­
rate claim for priority, to new applications re­
sulting from the division. 
(4) If priority is claimed after the filing of the 
application, this shall take place by separate 
letter. Withdrawal of a priority shall be effected 
by separate letter. § 10 3. The provision in section 6 (1),1 st clau­
se, of the Patents Act shall similarly be applica­
ble for applications filed in a state which has ra­
tified or has acceded to the Agreement on the 
Establishment of the World Trade Organisa­
tion (WTO). 
11.-(1) An applicant who has claimed priority 
shall, .within 16 months from the priority date, 
fi1~ WIth the Patent Authority a certificate from 
the authority which received the original appli­
cation, stating its date of filing and the appli­
cant's name, as well as a copy of the application 
certified by the same authority. For internatio­
nal applications, a copy of the application who­
se priority is claimed shall instead be filed in 
accordance with Rule 17 (1) of the Regulations 
under the Patent Cooperation Treaty, to the In­
ternational Bureau referred to in section 10 of 
this Order, to the receiving Office, or a request 
shall be made to transfer it to the International 
Bureau according to the same rule. 
(2) The Patent Authority may provide for 
exemption from the obligation to file the docu­
mentation referred to in subsection 1, 1 st clau­
se, hereof. 
(3) If the applicant fails to file the said docu­
mentation in due time, the applicant's right of 
priority shall lapse. 
(4)Ifa copy of the application whose priority 
is claimedbas been filed in connection with an 
international application with the Internatio­
nal Bureau referred to in section 10 of this Or­
der, the Patent Authority may only require a 
copy and a translation of such copy in accor­
dance with Rule 17 (2) of the Regulations under 
the Patent Cooperation Treaty. 
!2.-(l) For an application to be capable of ser­
ving as a basis for priority under section 10 of 
this Order, it shall be the first application in 
which the invention is disclosed. 
(2) If the person who filed the first applica­
tion or his successor in title has filed a subse­
quent application relating to the same inven­
tion with the same authority, the subsequent 
application may be claimed as a basis for prio­
rity provided that, at the time ofthe filing of the 
subsequent application, the first application 
has been withdrawn, shelved or refused wit­
hout having been made available to the public 
and without leaving any rights outstanding or 
:having served as a basis for claiming a right of 
priority. If priority has been obtained on the IP/N/IIDNKlP/4 
Page 5 
basis of such subsequent application, the pre­
vious application may no longer serve as a ba­
sis for claiming a right of priority. 
13. Priority may be claimed for part of an appli­
c.ation. For one and the same application, prio­
nty ~ay be claimed from several applications, 
even If they relate to different countries. Seve­
ral applications may be claimed as a basis for 
priority for a single patent claim. If priority is 
claimed on the basis of several applications, the 
time limits commencing on the date of priority 
shall have effect from the earliest priority date. 
Part 5 
Patent claims, description and abstract 
14.-(1) The patent claims shall indicate the in­
vention to be protected, reflected in the techni­
cal characteristics necessary to achieve the de­
sired effect. Patent claims shall partly contain 
an introduction including the title of the inven­
tion and, if possible, a statement of the art in 
relation to which the invention constitutes so­
mething new (the state of the art), partly a cha­
racteristic part beginning with the words: 'cha­
racterised by' or the like stating the novel and 
characteristic features ofthe invention. A diffe­
re?t wo:ding of the patent claims may be per­
mItted, If there are special reasons for this, e.g. 
in the case of claims concerning use. 
(2) Each patent claim shall relate to one in­
vention only. 
(3) Ifpossible, the invention shall be referred 
to one of the following categories: product, ap­
paratus, process or use. 
(4).Apatent claim shall not contain anything 
that IS Irrelevant to the invention specified in 
the claim or immaterial to the exclusive right 
applied for. 
(5) To facilitate the understanding of patent 
claims, references primarily in brackets to the 
drawings or photos shall be included both in 
the introduction and in the characteristic part. 
General remarks such as 'as described' or 'as 
shown in the drawing' shall not be included in 
the claims. References may, as an exception, be 
made directly to line charts or the like which 
are shown in the drawings. 
15.-(1) A patent application may contain seve­
ral patent claims. If so, they shall be arranged 
collectedly and numbered consecutively. IPINII/DNKIPl4 
Page 6 
(2) A patent claim may be independent or de­
pendent. An independent claim is a claim 
which relates to an embodiment of an inven­
tion disclosed in another patent claim of the 
application, and which therefore comprises all 
of the features of the said claim. All other 
claims are dependent. 
(3) An independent claim may rank pari pas­
su with another independent claim. An inde­
pendent claim ranking pari passu with another 
independent claim shall fully state the inven­
tion in question. An independent claim ranking 
pari passu with another independent claim 
may be formally attached to another claim. 
(4) One or more dependent claims may be at­
tached to a patent claim. A dependent claim 
may be attached to several preceding patent 
claims. It shall begin with a reference to such 
preceding patent claims and then list the addi­
tional features of the invention. Dependent 
claims shall be grouped directly after the inde­
pendent claim to which reference is made di­
rectly or through another dependent claim. 
16.-(1) If an application contains several inven­
tions, it shall only be considered to be in accor­
dance with section 10 of the Patents Act, if the­
re is a technical connection between the inven­
tions. The technical connection shall manifest 
itself in the inventions having, in whole or in 
part, the same or similar special technical cha­
racteristics. The term special technical charac­
teristics shall mean the technical characteristics 
contributed by each single invention going bey­
ond the state of the art. 
(2) The question whether there is a connec­
tion between a number of inventions shall be 
determined irrespective of whether they are sta­
ted in separate patent claims or as alternatives 
in a single claim. 
(3) Several independent claims within the sa­
me category shall only be accepted, if there is a 
pronounced technical connection, and there 
are obvious difficulties e.g. in the form of alter­
natives, in specifying the inventions sufficient­
ly, if they were to be included under common 
provisions in one and the same patent claim. 
Also inventions of the sender-receiver type may 
be stated in separate, independent patent 
claims. 
17.-(1) The description shall 
(i) start by stating a brief and factual title of 
the invention, (ii) state the technical field to which the inven­
tion relates as well as the technology on 
which the invention is based, possibly sup­
plemented by reference to known literatu­
re illustrating the technology concerned, if 
such information is required, 
(iii) explain the invention which is to be pro­
tected in such a way that the technical pro­
blem and its solution can be understood 
and state what is achieved by the invention 
based on the state of the art and the means 
required to achieve this, 
(iv) iluminate the invention by means of expla­
natory examples or embodiments, refer­
ring to drawings or photos, if any, so that 
the claims may be deemed sufficiently do­
cumented, and 
(v) expressly state how the invention may be 
exploited commercially if this does not ap­
pear clearly from the description or from 
the nature of the invention. 
(2) If the patent claims include several inde­
pendent claims, the inventions shall, according 
to these claims, be referred to in the description 
in the way indicated in subsection 1 hereof. 
(3) The description of the invention shall on­
ly contain subject-matter which contributes to 
the understanding of the invention. Where 
newly coined terms or terms which are not ge­
nerally accepted are used, their meanings shall 
be explained. Physical sizes and quantities 
shall be stated in units which are generally ac­
cepted in international practice, preferably ac­
cording to the metric system using SI units. Da­
ta which do not comply with this condition 
shall be supplemented with a statement in units 
which are generally accepted in international 
practice. In mathematical formulas generally 
accepted symbol shall be used. In chemical for­
mulas generally accepted symbols, atomic 
weights and molecular or structural formulas 
shall be used. As a rule, such technical expres­
sions, signs and symbols as are generally accep~ 
ted in the relevant area shall be used. 
(4) If the patent application includes the de­
posit of a culture of a micro-organism, cf. sec­
tion 8a of the Patents Act, the application shall, 
at the date offiling, contain all such relevant in· 
formation on the characteristics of the micro­
organism as is known to the applicant. 
18.-(1) If an application relates to or includei­
sequences of nucleotides or amino acids, the 
description shall contain a sequence list Tht' sequence list shall be drawn up in accordance 
with the standard laid down by the Patent Offi­
ce. 
(2) The Patent Office may decide that a se­
quence list as referred to in subsection I hereof 
shall also be filed in machine readable form. 
When a sequence list in machine readable form 
is filed, the applicant shall file a declaration to 
the effect that the information in machine re­
adable form is identical with the written se­
quence list. 
19. Drawings and photos shall be made as fol­
lows: 
(i) 
(ii) 
(iii) 
(iv) Drawings shall show the details necessary 
to understand the description, and these 
details shall be marked with correspon­
ding letters and figures in the description 
and drawings. 
Cross sections shall be hatched. 
Figures of the drawings must have conse­
qutive numbers disregarding any numbe­
ring of the individual sheets. Photos must 
be numbered consequtively. 
Drawings and photos shall not include 
any text except for a single or a few words 
when absolutely necessary to understand 
them. 
20.-(1)Th~ abstract ofa Danish patent applica­
tion shall relate to the description and claims as 
presented in the basic documents, cf. section 24 
(1) and section 30 (1) of this Order. The abstract 
shall contain the title of the invention. It shall 
be drafted so that it is evident to which techni­
cal problem the invention pertains, what are 
the principles for the solution of the problem 
through the invention, and what is the principal 
use of the invention. The final wording of the 
abstract shall, where possible, be determined 
before the application is made avqilable to the 
public under section 22 (2) of the Patents Act. 
(2) If an International Searching Authority 
or the European Patent Office has determined 
the abstract for an international patent applica­
tion or a converted European patent applica­
tion, the said abstract shall be used. Where that 
is not the case, the Patent Office shall determi­
ne the abstract also of such applications, and 
subsection 1 hereof shall apply mutatis mutan­
dis. Part 6 IPINIlIDNK/P/4 
Page 7 
Deposits 
21.-(1) Deposits under section 8a (1) of the Pa­
tents Act shall be made with an institution 
which is an international depositary authority 
under the Treaty done at Budapest on 28 April 
1977 on the International Recognition of the 
Deposit of Micro-Organisms for the Purposes 
of Patent Procedure (the Budapest Treaty) or 
with one of the other depositary institutions re­
cognised by the European Patent Office. 
(2) The deposit shall be made in accordance 
with the Budapest Treaty. 
(3) The Patent Office shall make a list of the 
institutions with which deposits can be made. 
22.-(1) If a deposit of a culture of a micro-orga­
nism has been made, the applicant shall within 
16 months from the date of filing of the applica­
tion or, if priority is claimed, from the date of 
priority, inform the Patent Office in writing of 
the institution with which the deposit has been 
made and the number which the institution has 
accorded to the deposit. For international pa­
tent applications, the said information shall be 
submitted within the same time limit to the In­
ternational Bureau referred to in section 10 of 
this Order. 
(2) If, prior to the expiry of the time limit re­
ferred to in subsection 1 hereof, the applicant 
requests that the documents relating to the ap­
plication be made available earlier than pres­
cribed in section 22 (1) and (2) of the Patents 
Act, the information referred to in subsection 1 
hereof shall be submitted together with the re­
quest at the latest. If, for an international patent 
application, prior to the expiry of the time limit 
referred to in subsection 1 hereof, the applicant 
requests early publication of the application 
under Article 21 (2b) of the Patent Cooperation 
Treaty, the information shall be submitted to 
the International Bureau referred to in section 
10 of this Order together with the request for 
publication at the latest. 
(3) If a deposited micro-organism has been 
transferred from one depositary institution to 
another under Rule 5 (1) of the Regulations un­
der the Budapest Treaty, the applicant shall as 
soon as possible after having received a receipt 
in respect of the transferred deposit inform the 
Patent Office thereof and of the new number 
accorded to the deposited culture. IPIN/1/DNKlPI4 
Page 8 
(4) As proof that the information referred to 
in subsections 1 and 3 hereof is correct, the Pa­
tent Office may require a copy of the receipt is­
sued by the depositary institution for the depo­
sit. 
23.-(1) A new deposit as referred to in section 
8a (2) of the Patents Act shall be made pursuant 
to the provisions of the Budapest Treaty for a 
new deposit. 
(2) A new deposit shall be made within 3 
months from the date when the depositor recei­
ved notification from the depositary institution 
that samples from the previously deposited cul­
ture cannot be furnished. If the institution has 
ceased to be an international depositary autho­
rity for the kind of micro-organisms to which 
the deposit belonged, or if it has ceased to 
comply with its obligation under the Budapest 
Treaty, and the depositor has not received noti­
fication to that effect within 6 months from the 
announcement of the event by the Internatio­
nal Bureau referred to in section 10 of this Or­
der, the new deposit may, however, be made 
within 9 months from the said announcement. 
For fhe other depositary institutions the time li­
mits referred to in the second clause shall apply 
from the time of the corresponding announce­
ment by the European Patent Office. 
(3) Within 4 months from the date when the 
new deposit is made, the applicant shall submit 
to the Patent Office a copy ofthe receipt issued 
by the depositary institution on the basis of the 
new deposit. If the time limit referred to in sec­
tion 22 (1) or (2) of this Order expires later, the 
copy of the receipt may, however, be submitted 
within that time limit. When the copy of the re­
ceipt is submitted, the number of the applica­
tion or the patent to which the deposit relates 
shall be stated. 
Chapter II 
Examination and other processing of 
applications 
Part 7 
Amendment of patent applications 
24.-(1) For Danish patent applications, patent 
applications for which examination and other 
processing are commenced under section 38 of 
the Patents Act and European patent applica­
tions for which conversion is requested pursu­
ant to section 88 of the Patents Act, the basic documents shall consist of the description with 
accompanying drawings, photos and patent 
claims drawn up in Danish, Norwegian or Swe­
dish present at the filing of the application or 
on the date on which the application is deemed 
to have been filed, respectively. 
(2) If no such documents are present on the 
date of the filing of the application, or on the 
date on which the application is deemed to ha­
ve been filed, respectively, the basic documents 
shall consist of the translation of the descrip­
tion with accompanying drawings, photos and 
patent claims filed in Danish to the extent their 
contents appear clearly from the documents 
present on the date referred to. 
(3) For international applications which are 
proceeded with under section 31 of the Patents 
Act, the basic documents shall consist of the 
translation ofthe description, drawings, photos 
and patent claims filed under the said provi­
sion with the amendments of the translation 
which may have been made prior to the expiry 
of the time limit applying under section 105 of 
this Order. If the international application is fi­
led with the receiving Office in Danish, the ba­
sic documents shall consist of the copy of the 
description, drawings, photos and patent 
claims filed under section 31 ofthe Patents Act. 
(4) If with the consent of the applicant a pa­
tent has been granted, or if the application has 
been refused prior to expiry of the time limit 
applying under section 105 of this Order, cf. 
section 34 of the Patents Act, the basic docu­
ments shall consist of the description, dra­
wings, photos and patent claims present at the 
time of deciding on the application. 
(5) If, at the filing of a patent application, it is 
stated that an application relating to the same 
invention has been filed previously abroad, 
and the number and date of filing of the said 
application are stated, a certified copy, subse­
quently filed, of the foreign application shall be 
considered to have been filed on the date of fi­
ling of the Danish application. 
25.-(1) Patent claims shall not be amended so as 
to contain subject-matter not disclosed in the 
basic documents, cf. section 24 (1) to (4) and 
section 30 (1) of this Order. Ifa patent claim is 
amended by the addition of new definitions, 
the applicant shall state at the same time where 
the new definitions have their counterparts in 
the basic documents. (2) After the Patent Office has commented on 
the performed search, claims disclosing an in­
vention which is independent of the inventions 
disclosed in the previously filed claims shall 
not be included in the same patent application. 
(3) Comments on the search of an internatio­
nal patent application shall not be made prior 
to the expiry of the time limit applying under 
section 105 of this Order, unless the applicant 
gives his consent thereto. 
(4) The applicant may only make amend­
ments or additions to the description, drawings 
and photos if necessary in view of section 8 of 
the Patents Act, including further explanatory 
examples, if they are necessary for illustrative 
or corrective purposes. Such amendments or 
additions shall not make the patent claims con­
tain subject-matter which extends beyond the 
contents of the basic documents. 
(5) At the filing of new copies of the descrip­
tion, the applicant shall file a declaration sta­
ting where the description does not correspond 
word for word to a previously filed description. 
26. Unless the Patent Authority allows otherwi­
se, amendments or additions to claims shall be 
made by filing new copy of the claims. This co­
py shall comprise all the maintained claims in 
consecutive order. 
Part 8 
Division and excision 
27.-(1) If several inventions are described in the 
basic documents, the applicant may divide the 
application into several applications. At the ap­
plicant's request, a new application relating to 
an invention extracted from the original appli­
cation (the parent application) shall be consi­
dered to have been filed at the same time as the 
parent application. The new application may 
only relate to such subject-matter as, under sec­
tion 19 (2) of the Patents Act, could have been 
included in the claims of the parent application 
at the time when the' new appJ.ication was filed. 
(2) If the applicant requires protection for an 
independent invention in an international ap­
plication, the application shall be divided and a 
new application fee paid even if an additional 
fee as referred to in section 36 (1) of the Patents 
Act has been paid. 
28. If, as a result of an addition to the descrip­
tion or claims, or in another way, an invention TP/N/l/DNKlP/4 
Page 9 
has been stated which does not appear from the 
basic documents, a new application relating to 
that invention may be excised from the parent 
application and, at the applicant's request, be 
considered to have been filed on the date when 
the document disclosing the invention was re­
ceived by the Patent Office. Excision shall take 
place in compliance with section 19 (2) of the 
Patents Act, and in the new application protec­
tion shall only be requested as regards the su­
bject-matter of the parent application on the 
date of filing of the document concerned. 
29.-(1) If an application results from division or 
excision, the parts of the parent application on 
which the claims of the new application are ba­
sed shall be stated. Moreover, the applicant 
shall state in the application that division or ex­
cision has taken place. 
(2) Division or excision may take place as 
long as a final decision regarding the parent ap­
plication has not been taken. Division or exci­
sion in the parent applications shall thus take 
place before a patent has been granted accor­
ding to section 20 (1) of the Patents Act. If the 
parent application has been rejected or shel­
ved, division and excision may take place until 
expiry of the time limit applying to appe'al or 
resumption, irrespective of whether an appeal 
is filed after consideration of the application 
recommences. 
(3) If division or excision of the application 
takes place after a grant for approval for patent 
notification has be forwarded, however, the li­
mitations as regards the contents shall apply 
according to the provision in section 19 (2) of 
the Patents, cf. sections 27 (1) and 28 of this Or­
der. 
30.-(1) In the event of division or excision, the 
basic documents shall be held to be the descrip­
tion with accompanying drawings and patent 
claims filed in connection with the new appli­
cation. 
(2) A new application shall only be conside­
red as resulting from division or excision, ifthis 
is evident from the application when filed. The 
date of filing and number of the original appli­
cation shall be indicated in applications resul­
ting from division or excision. IPINIIIDNKlP/4 
Page 10 
Part 9 
Applications available to the public 
31.-(1) When the documents of a patent appli­
cation, prior to the granting of a patent, are ma­
de available to the public under section 22 of 
the Patents Act, the abstract shall be published 
as soon as its final wording has been determi­
ned. The Patent Office may also publish other 
parts of the application together with the abs­
tract. Copies of the published abstract shall be 
obtainable from the Patent Office against pay­
ment. 
(2) The advertisement to be made when an 
application is made available to the public 
shall state the number and classes of the appli­
cation, its date of filing, the effective date, if dif­
ferent from the date of filing, the title of the in­
vention, the applicant's name or firm name and 
mailing address and, if he is represented by an 
agent, the agent's name or firm name and the 
inventor's name and mailing address. If priori­
ty has been claimed, the advertisement shall al­
so state where the application whose priority is 
claimed was filed, the date of filing of the said 
application and its number. If the application 
includes a deposit of a culture of a micro-orga­
nism, this shall be stated in the advertisement. 
If the applicant has requested under section 22 
(7) of the Patents Act that a sample shall be fur­
nished only to an expert in the art, this shall al­
so be advertised. 
(3) If the translation of the description and 
the patent claims of an international applica­
tion have been amended prior to the expiry of 
the time limit applying under section 105 of this 
Order, but after the files of the application have 
been made available to the public, this fact 
shall be ad vertised. 
32.-(1) A request under section 22 (8), 1st clau­
se, of the Patents Act for the furnishing of a 
sample of a deposited culture of a micro-orga­
nism shall be drawn up in accordance with Ru­
le 11 of the Regulations under the Budapest 
Treaty. 
(2) If the request referred to in subsection 1 
hereof is made before the patent application to 
which the deposit relates has been finally deci­
ded upon, the person requesting the sample 
shall undertake vis-a-vis the applicant to use 
the sample for experimental purposes only, un­
til such time as the patent application is finally 
decided upon, and not to make the sample available to any third party within the same pe­
riod or, if a patent is granted, until such time as 
the patent ceases to have effect. 
(3) If the request referred to in subsection 1 
hereof is made for a sample of a deposit rela­
ting to a patent, the person requesting the sam­
ple shall undertake vis-a-vis the proprietor of 
the patent not to make the sample available to 
any third party until such time as the patent ce­
ases to have effect. 
(4) As far as cultures are concerned which are 
derived from the sample and still exhibit the 
characteristics of the deposited culture which 
are essential to carrying out the invention, the 
person requesting the sample shall accept the 
same obligations as those applying to the sam­
ple. 
(5) Where the person requesting the sample 
is required to accept the said obligations, it 
shall be done in a \vritten declaration accompa­
nying the request. 
33.-(1) A request under section 22 (7) of the Pa­
tents Act to the effect that the furnishing of a 
sample shall only be effected to an expert in the 
art shall be submitted to the Patent Office not 
later than on the date on which the application 
is made available to the public under section 22 
of the Patents Act. 
(2) The Patent Office shall draw up a list of 
suitable persons who have declared their wil­
lingness to undertake the commission as an ex­
pert in the art and who are qualified therefor. 
Entries of persons on the list of experts shall be 
advertised. It shall also be advertised when per­
sons are deleted from the list. 
(3) If the furnishing of a sample may only be 
effected to an expert in the art, cf. subsection 1 
hereof, the request for a sample shall indicate 
the expert to be used. The request shall be ac­
companied by a written declaration from the 
expert in which he accepts the obligations vis­
a-vis the applicant to the extent referred to in 
section 32 (2) and (4) of this Order. In those ca­
ses the person making the request shall not be 
required to make any declaration himself. 
(4) Any person entered on the list or any per­
son approved by the applicant in the individual 
case may be used as an expert. 
34. Notwithstanding any declaration made un­
der sections 32 and 33 of this Order, a culture 
derived from a furnished sample may be depo­
sited for the purpose of a patent or utility model application, ifthe deposit ofthe derived culture 
is required for that application. 
35.-(1) If a request has been made for the furnis­
hing of a sample, and if under the Patents Act 
or this Order there is nothing to prevent such 
furnishing, the Patent Office shall issue a certi­
ficate to that effect. The Patent Office shall 
transmit the request for the furnishing ofa sam­
ple and the certificate to the depositary institu­
tion with which the culture is deposited. At the 
same time, the Patent Office shall transmit a co­
py of the request and the certificate to the appli­
cant or the proprietor of the patent. 
(2) Ifthe Patent Office finds that the certifica­
te referred to in subsection 1 hereof cannot be 
issued, the Patent Office shall notify the person 
who has requested the sample accordingly. 
Part 10 
Examination of patentability 
36.-(1) In examining whether the conditions 
laid down in section 2 ofthe Patents Act for the 
grant of a patent are complied with, the Patent 
Authority shall consider everything that comes 
to its attention. 
(2) The search shall be made to the necessary 
extent on the basis of patent specifications, spe­
cificatioI1i> of accepted patent applications or 
published patent applications, or abstracts the­
reof, from Denmark, Sweden, Finland, N or­
way, the Federal Republic of Germany, the for­
mer German Reich, Great Britain, France, the 
United States of America and the Europeqn Pa­
tent Office, published international patent ap­
plications or abstracts thereof, utility model 
specifications from Denmark and Danish pa­
tent or utility model applications available to 
the public. If deemed necessary, the search 
shall also be based on other available literature. 
37.-(1) If the applicant wishes the search refer­
red to in section 9 of the Patents Act to be per­
formed, he shall, within 3 months from the date 
of filing of the application, or from the date on 
which the application shall be deemed to have 
been filed, make a written request to that effect 
to the Patent Office and pay the fee prescribed 
by the Searching Authority and a handling fee 
to the Patent Office. 
(2) If the applicant wishes the search to be 
performed by one particular of several possible IP/N/IIDNK/P/4 
Page 11 
international authorities, he shall specify that 
Authority in his request. 
(3) If the patent application is not written in a 
language accepted by the Searching Authority, 
the request shall be accompanied by a transla­
tion of the application into a language appro­
ved by the Searching Authority. If the Swedish 
Patent Authority is stated in the request, a 
translation shall be made into Danish or En­
glish, and if the European Patent Office is sta­
ted in the request, into English, French or Ger­
man. 
(4) If on expiry of the time limit stated in sub­
section 1 hereof the patent application and the 
prescribed translation do not comply with the 
requirements as to form which apply to interna­
tional patent applications, the request shall be 
deemed to be withdrawn. 
38.-(1) If the Patent Office has informed the ap­
plicant that an application relates to two or mo­
re mutually independent inventions, the appli­
cation shall not be restricted to relate to one in­
vention first and then, if this proves not to be 
patentable, be amended to relate to another 
one of the inventions. The application shall not 
be related parallel to several inventions. 
(2) When the patent claims have been restric­
ted due to lack of unity, the applicant shall be 
deemed in the application in question finally to 
have waived the invention or inventions can­
celled from the claims in connection with re­
striction. 
39. If required for the examination and further 
processing of the application, the Patent Aut­
hority may consult other experts. 
40. The Patent Authority may call upon the ap­
plicant to submit a model, sample or the like, or 
to carry out investigations or experiments. 
41.-(1) If the applicant has also applied for a 
patent for the same invention abroad, the Pa­
tent Authority may, with the limitation specifi­
ed in section 69 (3), 2nd clause, demand that 
the applicant furnish information about any 
communication from the patent institution in 
question concerning the novelty of the inven­
tion or its patentability in other respects. 
(2) The applicant shall, to the extent the Pa­
tent Authority so requests, indicate the patent 
institutions with which he has applied for a pa­
tent for the invention and file a copy or a trans-IP/N/1/DNK/P/4 
Page 12 
cript of the correspondence with the said pa­
tent institutions concerning the novelty of the 
invention or its patentability in other respects. 
If the applicant has not received any such com­
munication, the applicant shall submit a decla­
ration to that effect. 
42. If, during the examination of a patent appli­
cation, letters of importance for the examina­
tion of the application (objection), the appli­
cant shall be notified thereof. The party filing 
such a letter shall, where relevant, be notified of 
the possibility of entering an opposition when 
patent is granted. 
Chapter III 
Grant of patents, etc. 
Part 11 
Grant ofpatents 
43.-(1) If the Patent Authority finds that patent 
may be granted, and if it has not already been 
established that the applicant approves the text 
on the basis of which patent may be granted, 
subsections 2 and 3 hereof shall apply. 
(2) The Patent Authority shall invite the ap­
plicant within 2 months to file his observations 
on the text on the basis of which patent may be 
granted. If the applicant approves the text, sec­
tion 19 of the Patents Act shall apply. 
(3) If the applicant does not approve the text, 
the examination of the application may be pro­
ceeded with. If the Patent Authority finds no 
reason to proceed with the examination, the 
application shall be refused. The invitation ac­
cording to subsection 2 hereof shall state that 
the application may be refused, if the applicant 
does not approve the text. 
44.-(1) If, on the grant of a patent to the appli­
cant under section 19 (1) of the Patents Act, no 
documents are available which are suitable for 
reproduction, the applicant shall file such do­
cuments within 2 months after the grant has be­
en made. 
(2) The documents for reproduction shall 
comply with the documents accepted for the 
grant of the patent. The applicant shall submit 
a declaration to that effect. 
45. Postponement of the grant of patent shall 
only be granted, however, if the decision to 
grant a patent has been made prior to the appli-cation being made available to the publIc under 
section 22 (2) and (3) of the Patents Act. If so, 
the grant of patent may be postponed at the ap­
plicant's request until the application is made 
available to the public pursuant to the said pro­
visions. 
46. Publication of the description, drawings, 
photos, patent claims and abstract pursuant to 
section 20 of the Patents Act (patent specifica­
tions) shall be effected at the instance ofthe Pa­
tent Authority and shall be initiated as soon as 
possible after the patent has been granted. The 
patent specifications shall indicate the date of 
the grant of the patent, and 
(i) the number of the application and the 
registration number ofthe patent, 
(ii) the classes of the patent, 
(iii) the name or firm name and mailing ad­
dress of the proprietor of the patent, 
(iv) if the proprietor of the patent is repre­
sented by an agent, the name or firm na­
me of the agent, 
Cv) the inventor's name and mailing ad-
(vi) 
(vii)a) 
Cvii)b) dress, 
the title of the patent, 
if the application was filed as a Danish 
patent application, the date of filing of 
the application and the effective date of 
the application if different from the date 
offiling, 
if the application was filed as an inter­
national patent application, the interna-
tional date of filing and the date on 
which the application was proceeded 
with under section 31 of the Patents Act 
or is deemed to have been filed under 
section 38 (3) of the Patents Act, and the 
number of the international applica­
tion, 
Cvii)c) if the application was filed as a conver­
ted European patent application, the 
number of the European patent appli­
cation, its date of filing under the Euro­
pean Patent Convention and the date 
on which the European patent applica­
tion was converted into a Danish patent 
application, 
(viii) if priority is claimed under section 6 of 
the Patents Act where the application 
serving as a basis for claiming a right of 
priority has been filed and the date offi­
ling and number of such application, (ix) ifthe application is made on the basis of 
division or excision, the number of the 
parent application, 
(x) if the patent comprises the deposit of a 
culture of a micro-organism, informa­
tion thereof, 
(xi) the date when the documents of the ap­
plication were made available to the 
public, and 
(xii) cited documents. 
47. The advertisement ofthe grant of patent un­
der section 20 of the Patents Act shall contain 
the items of information to be given in the pa­
tent specifications under section 46 of this Or­
der with the exception of cited documents. 
Part 12 
The Register of Patents 
48. The Patent Office shall keep a register ofthe 
patents granted in this country and of Europe­
an patents having effect in this country. 
49. For patents granted in this country, the fol­
lowing items shall be entered in the Register of 
Patents 
(i) the number of the application and the 
registration number of the patent, 
(ii) thf' classes of the patent, 
(iii) tlte name or firm name and mailing ad­
dress ofthe proprietor of the patent, 
(iv) if the proprietor of the patent is repre­
sented by an agent, the name or firm na­
me and mailing address of the agent, 
(v) the inventor's name and mailing ad-
(vi) 
( vii)a) 
(vii)b) 
(vii)c) dress, 
the title of the invention, 
if the patent is granted on the basis of a 
Danish patent application, the date of 
filing of the application and the effecti­
ve date of the applicatiop if different 
from the date of filing, 
if the patent is granted on the basis of an 
international application, the interna­
tional date of filing, and the date on 
which the application was proceeded 
with under section 31 of the Patents Act, 
or the date on which the application is 
deemed to have been filed under section 
38 (3) of the Patents Act, and the num­
ber of the international application, 
if the patent is granted on the basis of a 
converted European patent applica-IP/N/I/DNK/P/4 
Page 13 
tion, the number of the European pa­
tent application and its date offiling un­
der the European Patent Convention, 
and the date on which the European pa­
tent application was converted into a 
Danish patent application, 
(viii) if priority is claimed under section 6 of 
the Patents Act where the application 
serving as a basis for claiming a right of 
priority has been filed and the date offi­
ling and number of such application, 
(ix) ifthe patent has been granted on the ba­
sis of an application made on the basis 
of division or excision, the number of 
the patent application, 
(x) if the patent comprises the deposit of a 
culture of a micro-organism, informa­
tion concerning the institution at which 
the culture has been deposited and the 
number which the deposited culture has 
been accorded by the institution, 
(xi) the date when the files of the applica­
tion were made available to the public, 
and 
(xii) the date on which the grant of the patent 
was advertised under section 20 of the 
Patents Act. 
50.-(1) European patents designating Denmark 
shall be entered in the Register of Patents when 
the European Patent Office has published its 
decision to let the patent application proceed 
to grant, and the applicant, in due time, has fi­
led a translation into Danish and paid the pres­
cribed fee under section 77 (1), 1st clause, of the 
Patents Act. 
(2) If the requirements referred to in subsec­
tion 1 hereof have been complied with, the fol­
lowing shall be entered in the Register 
(i) the date on which the European patent Of­
fice has published its decision to grant the 
patent, 
(ii) the date on which the translation was filed 
and the fee was paid under section 77 (1), 
1st clause, of the Patents Act and the date 
on which advertisement to that effect was 
made, 
(iii) the date accorded as the date of filing of 
the application and, if the application is a 
European divisional application, the date 
on which the divisional application was fi­
led, and 
(iv) information corresponding to the items IPINIlIDNK/P/4 
Page 14 
specified in section 49, (i) to (vi), (vii)b), 
(viii), (x) and (xi). 
(3) If the European Patent Office has publis­
hed its decision to maintain a European patent 
designating Denmark in an amended form, the 
date on which the decision was published shall 
be entered in the Register. If the proprietor of 
the patent, within the time limit prescribed in 
section 112 (1) of this Order, files a new transla­
tiol). and pays the fee under section 77 (1), 2nd 
clause, of the Patents Act, the date on which 
that took place and the date on which the 
amendment was advertised by the Patent Office 
shall be entered in the Register. 
(4) If the translation and the fee referred to in 
subsection 3 hereof are not received within the 
time limit prescribed in section 112 (1) of this 
Order, information to that effect shall be ente­
red in the Register. 
(5) If the European Patent Office has revoked 
a European patent designating Denmark, in­
formation to that effect shall be entered in the 
Register. 
(6) If the proprietor of the patent files a cor­
rected translation and pays the fee under sec­
tion 86 (1) of the Patents Act, the date on which 
that took place and the date on which the cor­
rection was advertised shall be entered in the 
Register. 
51.-(1) When a renewal fee has been paid, an 
entry to that effect shall be made in the Register 
of Patents or in a special register of fees anne­
xed thereto. 
(2) If a patent has lapsed under section 51 of 
the Patents Act, the date from which the patent 
ceased to have effect shall be entered in the Re­
gister. 
(3) If a request has been made under section 
72 of the Patents Act to the effect that a renewal 
fee shall be deemed to have been paid in due 
time, an entry to that effect shall be made in the 
Register, and the decision on the request shall 
also be entered. 
52.-(1) If the Patent Office is notified to the ef­
fect that proceedings have been instituted for 
the revocation of a patent, the transfer of a pa­
tent, or a compulsory licence, cf. section 63 (1) 
of the Patents Act, an entry to that effect shall 
be made in the Register. 
(2) When an office copy of a court decision 
has been sent to the Patent Office under section 
65 of the Patents Act, an entry to that effect shall be made in the Register of Patents. When 
the court decision is final, the entry shall be ma­
de in such a way that the principal outcome of 
the case appears from the Register. 
(3) If the Patent Office has declared the pa­
tent to have ceased to have effect under section 
54 of the Patents Act, an entry to that effect 
shall be made in the Register. 
53.-(1) The entry made on the filing of an oppo­
sition, a request for administrative reexamina­
tion and a request for termination, cf. chapter 
IV, shall contain 
(i) name or firm name and mailing address of 
the opponent or the party having submit­
ted the request, respectively, 
(ii) if the opponent or the party who has sub­
mitted the request is represented by an 
agent, the name or firm name and mailing 
address ofthe agent, 
(iii) the date of the opposition or the request 
for administrative re-examination or ter­
mination, and 
(iv) in case of a request for termination, the 
number ofthe Community patent or Euro­
pean patent which is considered to cover 
the same invention. 
(2) The decision made in respect of an oppo­
sition, a request for administrative reexamina­
tion or a request for termination shall be ente­
red in the Register of Patents, cf. sections 61, 71 
(2) and 80 (2) ofthis Order. The entry shall state 
the decision made and the date on which the 
decision was advertised. 
54.-(1) An entry under section 44 ofthe Patents 
Act concerning the transfer of a patent, the 
grant of a licence, pledging or execution proce­
edings shall comprise the name or firm name 
and mailing address of the holder of the right in 
question as well as the date of the creation of 
the right. As far as licences are concerned, an 
entry shall be made, ifso requested, as to whet­
her the right of the proprietor of the patent to 
grant additional licences is restricted. If the 
question of entry cannot be decided upon im­
mediately, it shall be stated in the Register that 
an entry has been requested. 
(2) Notifications in respect of patents as re­
gards changes of agent or the name, firm name 
or mailing address of the proprietor of the pa­
tent shall be entered in the Register. 
(3) A request for an entry as referred to in 
subsections 1 and 2 hereof shall be made in wri-ting accompanied by proper documentation 
for such change. 
(4) If with respect to a patent the Patent Offi­
ce has received notification of the transfer of a 
deposited micro-organism as referred to in sec­
tion 22 (3) of this Order, or has received a copy 
of the receipt for a new deposit, cf. section 23 
(3) of this Order, an entry concerning the trans­
fer or the new deposit shall be made in the Re­
gister. 
Chapter IV 
Opposition, administrative re-examination, 
termination 
Part 13 
Examination of oppositions 
55.-(1) The opposition shall be made in writing 
stating 
(i) the opponent's name or firm name and 
mailing address, 
(ii) the registration number of the patent 
against which the opposition is filed, the 
name or firm name of the proprietor and 
the title ofthe invention, 
(iii) a statement as to the extent of the opposi­
tion filed as well as all the grounds on 
which the opposition is filed, and a com­
plet,e. account of all the facts, documenta­
tion and representations stated to support 
these grounds, and 
(iv) if the opponent is represented by an agent, 
the name or firm name and mailing ad­
dress of the agent. 
(2) The opposition shall be accompanied by 
the prescribed fee. 
(3) The oppistion and subsequent contribu­
tions with accompanying documents from the 
proprietor of the patent and the opponent shall 
be filed in the number of copies prescribed by 
the Patent Office. 
56.-(1) If the opposition does not comply with 
the provisions in section 55 (1), (iii), and (2) of 
this Order, before expiry of the period prescri­
bed for filing of oppositions, the opposition 
shall be refused. The same shall apply, if the 
patent against which an opposition is filed is 
not identified in the opposition, or if it cannot 
be established who has filed the opposition. 
(2) If, after expiry of the period prescribed for 
filing of oppositions, the opposition does not 
comply with the provisions in section 55 (1), (i) IPIN/1I0NKIP/4 
Page 15 
to Cii) and (iv) of this Order, the Patent Office 
shall call upon the opponent to rectify the de­
fect within 1 month. If the opposition is not cor­
rected in time, it shall be refused. 
(3) An entry of the filing of an opposition 
shall be made in the Register of Patents. Adver­
tisement of the filing of an opposition shall be 
made according to section 62 of this Order 
when the prescribed period for filing of opposi­
tions has expired, if the opposition is not refu­
sed. 
57.-(1) A copy of the opposition with accompa­
nying documents shall be forwarded to the pro­
prietor of the patent who -after expiry of the 
period prescribed for filing of oppositions, and 
unless the opposition is rejected -shall be invi­
ted to comment on the opposition within 6 
months and possibly file amended description, 
patent claims, drawings and photos. If more 
than one opposition has been forwarded, the 
opponents shall be informed hereof after expi­
ry of the period prescribed for filing opposi­
tions by the forwarding of a copy of the other 
oppositions and a copy of the abovementioned 
invitation to the proprietor of the patent. 
(2) If the proprietor of the patent files a res­
ponse to the opposition, the Patent Authority 
shall decide whether further correspondence 
between the parties is required. The parties 
shall be informed of this decision. For the op­
ponents a copy of the patent proprietor's reply 
shall be enclosed. 
58. If the Patent Authority decides to revoke 
the patent, the parties shall be notified hereof. 
The same shall apply, if the Patent Authority 
decides that the patent may be maintained una­
mended. 
59.-(1) If the Patent Authority finds that the pa­
tent may be maintained as amended, the parties 
shall be notified hereof. Besides, the proprietor 
of the patent shall be invited to file his observa­
tions within 2 months, if he does not approve 
the text on the basis of which the patent is to be 
maintained. 
(2) If the proprietor of the patent approves 
the text, the Patent Authority shall decide to 
maintain the patent as amended. The opponent 
shall be notified to that effect. 
(3) If the proprietor ofthe patent does not ap­
prove the text, the examination of the opposi­
tion may be proceeded with, if the Patent Aut-IP/N/1/DNKJP/4 
Page 16 
hority finds that there is reason to do so. If the­
re is no reason to proceed with the examina­
tion, the patent shall be revoked. 
(4) When a final decision has been made to 
grant a patent as amended, the proprietor of the 
patent shall be called upon within 2 months to 
pay the fee for publication of new patent speci­
fications and, if necessary, to file documents 
suitable for reproduction. The documents shall 
comply with the documents accepted by the 
Patent Authority, and the proprietor ofthe pa­
tent shall submit a declaration to that effect. If 
the publication fee is paid, the proprietor of the 
patent shall under any circumstances be consi­
dered to agree to the maintenance of the patent 
as amended. If, on the other hand, the publica­
tion fee is not paid, the patent shall be revoked. 
(5) The decision to maintain a patent as 
amended shall state the text on the basis of 
which the patent is maintained. 
60. The publication of new patent specifica­
tions with description, drawings, photos and 
patent claims as amended under section 23 of 
the Patents Act shall be effected at the instance 
of the Patent Office and shall be initiated as 
soon as possible after the publication fee has 
been paid. The patent specifications shall also 
include the information stated in section 46 of 
this Order. Section 9 (2) ofthis Order shall simi­
larly apply. 
61. The advertisement of the decision concer­
ning an opposition under section 23 (5) of the 
Patents Act shall be effected when the opposi­
tion has been finally decided. At the same time, 
such decision shall be entered in the Register of 
Patents. 
62. The advertisement of the filing of an oppo­
sition and of the decision hereon shall state the 
name or firm name of the proprietor of the pa­
tent, the date of filing and the number of the ap­
plication, the registration number and classes 
of the patent, the title of the invention and the 
date when the patent was granted. The adverti­
sement of the filing of an opposition shall also 
state the opponent's name or firm name. 
Part 14 
Administrative re-examination 
63.-(1) A request for administrative re-exami-nation shall be made in writing and shall con­
tain 
(i) name or firm name and mailing address of 
the person making the request for reexa­
mination, 
(ii) the registration number of the patent for 
which re-examination is requested, as well 
as the name or firm name of the proprietor 
of the patent and the title of the invention, 
(iii) a statement as to the extent of the re-exa­
mination requested as well as all the 
grounds on which the requestis filed and a 
complete account of all the facts, docu­
mentation and representations stated to 
support these grounds, or, 
if the request is made by the proprietor of 
the patent, the desired amendments, 
(iv) if the person requesting a re-examination, 
is represented by an agent, the name or 
firm name and mailing address of the 
agent, and 
(v) if licensees are entered in the Register of 
Patents, documentation to prove that such 
licensees have been informed that re-exa­
mination has been requested. 
(2) A request for re-examination shall be ac­
companied by the prescribed fee. 
(3) A request for re-examination and subse­
quent contributions with accompanying docu­
ments from the person requesting re-examina­
tion or from the proprietor of the patent shall 
be filed in the number of copies prescribed by 
the Patent Office. 
64.-(1) If the request for re-examination does 
not comply with the provisions in section 53 b 
(1), 3rd clause, of the Patents Act and section 63 
(2) of this Order, or ifit is not possible to esta­
blish who made the request, the request shall be 
refused. 
(2) If the request for re-examination does not 
otherwise comply with the provisions in sec­
tion 63 (1) of this Order, the Patent Authority 
shall call upon the person making the request 
to rectify the defects within 1 month. If the re­
quest is not corrected in time, it shall be refu­
sed. 
(3) An entry of the filing of a request for re­
examination shall be made in the Register of 
Patents. Advertisement ofthe filing of a request 
for re-examination shall take place pursuant to 
section 71 of this Order, if the request is not re­
fused. Request for re-examination by persons other 
than the proprietor of the patent 
65.-(1) A copy of the request for re-examination 
with accompanying documents shall be forwar­
ded to the proprietor of the patent who shall be 
invited to comment on the request and file any 
description, claims, drawings and photos as 
amended within 6 months. 
(2) If the proprietor of the patent files a res­
pon-se to the request for re-examination, the Pa­
tent Authority shall decide whether further cor­
respondence between the parties is required. 
66.-(1) If the Patent Authority does not find that 
the grounds invoked in respect of revocation 
exist, the request for re-examination shall be re­
fused, and the patent shall be maintained una­
mended. 
(2) If the grounds for revocation invoked 
exist, the Patent Authority shall then examine 
whether the patent may be maintained as 
amended or shall be revoked in consideration 
of the grounds for revocation referred to in sec­
tion 52 (1) of the Patents Act. 
(3) The examination shall be effected on the 
basis of the material produced in connection 
with the request for re-examination and which 
was available when the patent was granted pur­
suant to sections 36 to 42 of this Order, and ot­
her mate.pial produced in connection with a 
previous amendment of the patent. 
67. If the Patent Authority decides to revoke 
the patent, the parties shall be notified to that 
effect. The same shall apply, if the Patent Aut­
hority decides to maintain the patent unamen­
ded. 
68.-(1) If the Patent Authority finds that the pa­
tent may be maintained as amended, the parties 
shall be notified hereof. At the same time, the 
proprietor of the patent shall be invited to file 
his observations within 2 months, ifhe does not 
approve the text on the basis of which the pa­
tent is to be maintained. 
(2) If the proprietor of the patent agrees to 
the text, or if the proprietor of the patent for­
wards no comments, the Patent Authority shall 
decide to maintain the patent as amended. The 
proprietor of the patent shall be notified here­
of, and at the same time the proprietor of the 
patent shall be called upon to pay the fee for 
publication of ne\v patent specifications within IP/N/IIDNKIP14 
Page 17 
2 months and, if necessary, to file documents 
suitable for reproduction. The documents shall 
be identical to the documents accepted by the 
Patent Authority, and the proprietor of the pa­
tent shall submit a declaration to that effect. If 
the publication fee is not paid, the patent shall 
be revoked. 
(3) When the publication fee is paid, a new 
patent specification is drawn up. The decision 
is then published and at the same time the per­
son requesting a re-examination shall be notifi­
ed of the decision. 
(4) If the proprietor ofthe patent does not ag­
ree to the text, the requested examination may 
be continued, if the Patent Authority finds that 
there is reason to do so. If there is no reason to 
continue with the requested examination, the 
patent shall be revoked. 
(5) The decision to maintain a patent as 
amended shall state the text on the basis of 
which the patent is maintained. 
Request for re-examination by the proprietor of 
the patent 
69.-(1) If the proprietor of the patent himselfre­
quests that his patent be restricted, the Patent 
Authority only examines whether the grounds 
for revocation referred to in section 52 (1) ofthe 
Patents Act prejudice the desired amendment 
of the patent. 
(2) If the patent may be amended as desired, 
the proprietor of the patent shall be notified to 
that effect. The proprietor shall then within a 
period of 2 months file amended description, 
claims, drawings and photos suitable for repro­
duction. The documents shall comply with the 
documents accepted by the Patent Authority, 
and the proprietor of the patent shall submit a 
declaration to that effect. The proprietor shall 
moreover pay the publication fee within the sa­
me time limit. If the fee is not paid within the 
time limit, the patent shall be repealed. 
(3) If the patent cannot be amended as desi­
red after possible correspondence in this res­
pect, the request shall be refused, and the pa­
tent shall be maintained unamended. 
Publication and advertisement, etc. 
70. The publication of new patent specifica­
tions with description, drawings, photos and 
patent claims as amended under section 53 of 
the Patents Act shall be effected at the instance IP/N/I/DNK/P/4 
Page 18 
of the Patent Office and shall be initiated as 
soon as possible after the publication fee has 
been paid. The patent specifications shall also 
include the information stated in section 46 of 
this Order. Section 9 (2) of this Order shall simi­
larly apply. 
71.-(1) The advertisement of the filing and deci­
sio!! of a request for re-examination shall state 
the name or firm name of the proprietor of the 
patent, the date of filing and the number of the 
application, the registration number and clas­
ses of the patent, the title of the invention and 
the date when the patent was granted. The ad­
vertisement of the filing of a request for a re­
examination shall also state the name or firm 
name of the person requesting the re-examina­
tion. 
(2) An entry of the decision shall be made in 
the Register of Patents. 
Part 15 
Request for termination of patents 
72.-(1) A request for the Patent Authority's de­
cision on the termination of a patent, in whole 
or in part, under section 96 of the Patents Act 
shall be made in writing and shall include 
(i) name or firm name and mailing address of 
the person making the request for termina­
tion of the patent, 
(ii) the registration number of the patent 
which is to terminate as well as the name 
of the proprietor of the patent and the title 
of the invention, 
(iii) the number of the Community patent or 
European patent for Denmark which is 
considered to cover the same invention as 
the patent, 
(iv) if the person requesting the termination of 
a patent is represented by an agent, the na­
me or firm name and mailing address of 
the agent, and 
(v) if licensees are'entered in the Register of 
Patents, documentation to prove that such 
licensees have been informed that the ter­
mination of the patent has been requested. 
(2) A request for termination shall be accom­
panied by the prescribed fee. 
(3) A request for termination and su bsequent 
contributions with accompanying documents 
from the person requesting termination, and 
contributions from the proprietor of the patent shall be filed in the number of copies prescri­
bed by the Patent Office. 
73.-(1) If the request for termination does not 
comply with the provisions in section 72 (2) of 
this Order, or if it is not possible to establish 
who made the request, the request shall be refu­
sed. 
(2) If the request for termination does not ot­
herwise comply with the provisions in section 
72 (1) of this Order, the Patent Office shall call 
upon the person making the request to rectify 
the defects within 1 month. If the request is not 
corrected in time, it shall be refused. 
(3) An entry of the filing of a request for ter­
mination shall be made in the Register of Pa­
tents. Advertisement of the filing of a request 
for termination shall take place pursuant to 
section 80 of this Order, if the request is not re­
fused. 
Request for termination by persons other than 
the proprietor of the patent 
74.-(1) A copy of the request for termination 
with accompanying documents shall be forwar­
ded to the proprietor of the patent who shall be 
invited to comment on the request and file any 
description, claims, drawings and photos as 
amended within 6 months. 
(2) If the proprietor of the patent files a res­
ponse to the request, the Patent Authority shall 
decide whether further correspondence betwe­
en the parties is required. 
75.-(1) The Patent Authority shall examine 
whether and to which extent the conditions for 
termination under section 96 (1) of the Patents 
Act exist. 
(2) If the conditions for termination in part 
under section 96 (1) of the Patents Act exist, the 
Patent Authority shall examine whether the na­
tional patent may then be maintained as amen­
ded or shall be revoked in consideration of the 
grounds for revocation referred to in section 52 
(1) of the Patents Act, The examination shall be 
effected on the basis of the material available 
when the patent was granted pursuant to sec­
tions 36 to 42 of this Order, and other material 
produced in connection with a previous 
amendment of the national patent. 
76.-(1) If the conditions for termination in who­
le under section 96 (1) ofthe Patents Act exist, the national patent shall be declared to be ter­
minated in whole. 
(2) If the conditions under section 96 (1) of 
the Patents Act do not exist, the request shall be 
refused, and the national patent shall be main­
tained unamended. 
(3) The parties shall be notified of the deci­
sion of the Patent Authority under subsections 
1 and 2 hereof. 
77.-(1) lfthe Patent Authority, where the condi­
tions for termination exist, finds that the natio­
nal patent may be maintained as amended, the 
parties shall be notified hereof. At the same ti­
me, the proprietor ofthe patent shall be invited 
to file his observations within 2 months, if the 
proprietor does not approve the text on the ba­
sis of which the Patent Authority intends to 
maintain the national patent. 
(2) If the proprietor of the patent approves 
the text, the Patent Authority shall decide to 
maintain the patent as amended. The person 
requesting termination shall be notified to that 
effect. 
(3) If the proprietor of the patent does not ap­
prove the text, the examination of the request 
may be proceeded with, if the Patent Authority 
finds that there is reason to do so. If there is no 
reason to proceed with the examination, it shall 
be decided to maintain the patent as amended. 
The partie~"shall be notified to that effect. 
(4) When a final decision has been made to 
maintain a patent as amended, the proprietor 
of the patent shall be called upon within 2 
months to pay the fee for publication of new 
patent specifications and, if necessary, to file 
documents suitable for reproduction. The do­
cuments shall comply with the documents ac­
cepted by the Patent Authority, and the propri­
etor of the patent shall submit a declaration to 
that effect. If the publication fee is paid, the 
proprietor of the patent shall be considered to 
agree to the maintenance of the patent as amen­
ded. If, on the other ryand, the publication fee is 
not paid, the patent shall be terminated. 
(5) The decision to maintain a patent as 
amended shall state the text on the basis of 
which the patent is maintained. 
Request for termination by the proprietor of a 
patent 
78. If the request for termination is made by the 
proprietor of the patent himself, sections 72 to IPINIlIDNKlPl4 
Page 19 
77 of this Order with the amendments resulting 
from the proprietor being the only party to the 
case shall apply. 
Publication and advertisement, etc. 
79. The publication of new patent specifica­
tions with description, drawings, photos and 
patent claims under section 96 (2) of the Pa­
tents Act and patent claims as amended shall 
be effected at the instance of the Patent Office 
and shall be initiated as soon as possible after 
the publication fee has been paid. The patent 
specifications shall also include the informa­
tion stated in section 46 of this Order. 
80.-(1) The advertisement of the filing and deci­
sion of a request for termination shall state, 
both in respect of the national patent and the 
corresponding Community patent or European 
patent, the name or firm name of the proprietor 
of the patent, the date of filing and number of 
the application, the registration number and 
classes of the patent, the title of the invention 
and the date when the patent was granted and, 
where relevant, the date of termination or 
maintenance of the national patent as amen­
ded. 
(2) An entry of the decision shall be made in 
the Register of Patents. 
Chapter V 
Supplementary protection certificates for 
medicinal products and plant protection 
products 
Part 16 
Application for a certificate and the Register of 
Certificates, etc. 
Definitions 
81.-(1) 'Certificate' means a supplementary 
protection certificate under Council Regula­
tion (EEC) No. 1768/92 of 18 June 1992 con­
cerning the creation ofa supplementary protec­
tion certificate for medicinal products, or a 
supplementary protection certificate under Eu­
ropean Parliament and Council Regulation 
(EC) No. 1610/96 of23 July 1996 concerning 
the creation of af SlI pplementary protection 
certificate for plant protection products. 
(2) 'Regulation' means the Council Regula­
tion (EEC) No. 1768/92 of 18 June 1992 con­
cerning the crea ti on of a su pplementary protec-IP/N/I/DNK/P/4 
Page 20 
tion certificate for medicinal products, and the 
European Parliament and Council Regulation 
(EC) No. 1610/960[23 July 1996 concerning 
the creation of a supplementary protection cer­
tificate for plant protection products. 
Applications for certificates, their examination 
and other processing, etc. 
82.~(1) An application for a certificate shall be 
made in writing. The application shall be filed 
with the Patent Office in the number of copies 
PH~~~ribed by the Office. The application form 
shall be provided free of charge by the Patent 
Office. 
(2) The application shall be signed by the ap­
plicant or his agent. 
(3) Apart from the items stated in article 8 of 
the Regulations, the application shall indicate 
if a certificate is applied for by several persons 
jointly and these are not represented by an 
agent, whether any of them shall be authorised 
to receive communications from the Patent 
Authority on behalf of all of them, and 
(4) If the Patent Authority so requests, the 
applicant shall provide such additional infor­
mation as to the nature of the product as is ne­
cessary for the examination of the application. 
(5) The application fee shall accompany the 
application. 
(6) The number and date of filing of the ap­
plication shall be advertised together with the 
information referred to in article 9 (2) of the Re­
gulations. 
(7) The date of signature by the Public Health 
Authorities of the authorization to place the 
product on the market shall be regarded as the 
date or grant of authorization mentioned in ar­
ticle 8 Cl), (a), (i v), and article 9 (2), (d). 
83. The application shall be in the Danish lan­
guage. If a document accompanying the appli­
cation is drawn up in any other language, a 
translation shall be fi1.ed unless the Patent Offi­
ce decides otherwise in each individual case. 
The Patent Office may require that the transla­
tion be certified by a translator or in another 
manner approved by the Patent Office. 
84. An application for a certificate shall not be 
amended in such manner that a certificate is 
applied for in respect of another product or 
with another basic patent. 85.-(1) The Patent Office shall keep a record of 
applications filed. In the record, the following 
data shall be entered 
(i) the information referred to in article 9 (2), 
(a) to (e), ofthe Regulations, 
(ii) the number and date of filing of the appli­
cation, 
(iii) if the applicant is represented by an agent, 
the name or firm name and mailing ad­
dress of the agent, 
(iv) the letters filed and fees paid in the case, 
and 
(v) notifications and communications sent in 
respect of the application. 
(2) The record and the files of the case shall 
be available to the public. 
86.-(1) The Patent Authority shall consider eve­
rything that comes to its knowledge in the exa­
mination of the application. 
(2) The Patent Authority shall not examine 
whether the conditions in Article 3 (d) of the 
Regulations are met. 
87.-(1) The rules in section 15 (2) and (3) and 
section 16 of the Patents Act shall apply to time 
limits under article 10 (3) of the Regulations. 
The prescribed fee shall be paid for resump­
tion. 
88.-(1 )The advertisement of a certificate issued 
pursuant to article 11 (1) of the Regulations 
shall, in addition to the information stated the­
rein, also include information on the number 
and date of filing of the certificate application 
as well as the registration number of the certifi­
cate. 
(2) A certificate shall include the information 
referred to in subsection 1 hereof. 
The Register of Certificates, etc. 
89.-(1) The Patent Office shall keep a register of 
the certificates issued. The information and 
amendments hereto referred to in section 88 Cl) 
of this Order shall be entered in the Register. 
Information on items referred to in sections 52 
to 54 of this Order shall also be entered in the 
Register of Certificates. 
(2) Information concerning transfer, pled­
ging, execution, licences, etc. which has been or 
is entered in respect of the basic patent in the 
Register of Patents pursuant to sections 52 to 54 of this Order shall be entered in the Register of 
Certificates at the same time. 
90. If an application for a certificate is finally 
refused or shelved, this shall be advertised to­
gether with the information referred to in sec­
tion 82 (6) of this Order. 
Payment ofrenewalfees 
91.-(1) A renewal fee shall be paid for each year 
commenced after expiry of the term ofthe basic 
patent. 
(2) The renewal fee shall fall due on the last 
day of the month in which the fee year begins. 
The renewal fee may not be paid earlier than 3 
months before the due date. 
(3) The renewal fee may, together with the 
prescribed additional fee, be paid within 6 
months after its due date. 
Part 17 
Administrative re-examination oJ certificates, 
etc. 
Administrative re-examination 
article 15 of the Regulations 
92.-(1)The request for administrative re-exami­
nation shall be made in writing stating 
(i) name or firm name and mailing address of 
the person requesting a re-examination, 
(ii) the registration number of the certificate 
for which re-examination is requested, 
and the certificate holder's name or firm 
name, 
(iii) all the grounds in article 15 (1) of the Re­
gulations on which the request is filed, and 
a complete account of all the facts, docu­
mentation and representations stated to 
support these grounds, 
(iv) if the person requesting the re-examina" 
tion is represented by an agent, the name 
or firm name and mailing address of the 
agent, and 
(v) if licensees are entered in the Register of 
Certificates, documentation to prove that 
these persons have been notified of the re­
quest for re-examination. 
(2) If the request is filed on the grounds sta­
ted in Article 15 (c) of the Regulations, reexa­
mination of the basic patent shall be requested 
at the same time, cf. section 94 of this Order. 
(3) A request for re-examination shall be ac­
companied by the prescribed fee. JPINII/DNKJP/4 
Page 21 
(4) A request for re-examination with accom­
panying documents and subsequent contribu­
tions from the person having requested a re­
examination, and from the certificate holder 
shall be filed in the number of copies prescri­
bed by the Patent Office. 
(5) If the request for re-examination does not 
comply with the provision in subsection 3 here­
of, or if it cannot be established who has filed 
the request, the request shall be refused. 
(6) If the request for re-examination does not 
otherwise comply with the provisions in sub­
section I or 2 hereof, the Patent Authority shall 
call upon the person making the request to rec­
tify the defects within 1 month. If the request is 
not corrected in time, it shall be refused. 
(7) An entry of the filing of a request for re­
examination shall be made in the Register of 
Certificates. Advertisement of the filing of a re­
quest for re-examination shall take place pur­
suant to section 97 of this Order, if the request 
is not refused. 
93.-(1) If a request for re-examination of the 
certificate is filed based on the grounds stated 
in article 15 (l), (a) or (b), of the Regulations, 
subsections (2) and (3) hereof shall apply. 
(2) A copy of the request for re-examination 
with accompanying documents shall be sent to 
the certificate holder who shall be invited to 
comment on the request within 6 months. If the 
certificate holder files a response to the request 
for re-examination, the Patent Authority shall 
decide whether further correspondence is re­
quired. 
(3) If the Patent Authority does not find that 
further correspondence between the parties is 
required, the Patent Authority shall decide 
whether the request for re-examination shall be 
met. If the request cannot be met, it shall be re­
fused. If the request is met, the certificate shall 
be revoked. 
94.-(1) If a request for re-examination of a certi­
ficate is filed on the grounds stated in article 15 
(1), (c), of the Regulations, a request for re-exa­
mination of the basic patent shall also be filed, 
cf. however subsections 3 to 5 hereof. The re­
quest for re-examination of the basic patent 
shall state that a re-examination of the certifi­
cate has also been requested. 
(2) A request for re-examination of the basic 
patent shall be examined according to the rules 
in sections 63 to 69 of this Order. When notified JPINII/DNK/P/4 
Page 22 
under section 65 ofthis Order, the proprietor of 
the patent shall be informed that a request for 
re-examination also of the certificate has been 
made. The examination of the request for re­
examination of the certificate shall be suspen­
ded, until the re-examination of the basic pa­
tent has been finally settled. Then section 95 of 
this Order shall apply. 
(3) If the request is filed on the sole ground 
that the product is no longer covered by the 
claims of the basic patent, the Patent Authority 
shall make its decision in accordance with sec­
tion 95 (2) of this Order without any further 
examination of the basic patent. 
. (4) Iftheyrescribed period for filing of oppo­
s1tIOns agaInst the basic patent has not expired, 
or if an opposition is filed against the basic pa­
tent, the Patent Authority shall suspend the 
examination of the request for re-examination 
of the certificate until the prescribed period for 
filing of oppositions has expired, or until the 
matter has been finally settled. Then section 95 
of this Order shall apply. 
(5) If re-examination or termination of the 
basic patent has been requested prior to a re­
quest for re-examination of the certificate, the 
request for re-examination of the certificate 
shall be suspended, until a final decision con­
cerning the basic patent has been made. The 
examination of the request for re-examination 
of the basic patent shall be suspended until the 
re-examination of the basic patent has been fi­
nally settled. Then section 95 ofthis Order shall 
apply. 
95.-(1) If a final decision has been made to re­
voke the basic patent, or to repeal it, the Patent 
Authority shall revoke the certificate under ar­
ticle 15 of the Regulations. 
(2) Ifa final decision has been made to main­
tain the basic patent as amended, the Patent 
Authority shall decide, after having given the 
parties an opportunity to file their observa­
tions, whether the product for which a certifica­
te has been issued is still protected by the basic 
patent. If this is not the case, the certificate 
shall be revoked. 
(3) If a request for re-examination of the cer­
tificate cannot be met, it shall be refused, and 
the certificate shall be maintained. Administrative re-examination of the term of the 
certificate 
96.-(1) Any person shall be entitled, against 
payment of the prescribed fee, to file a request 
for re-examination of the term calculated for 
the certificate with the Patent Authority. 
(2) Section 92 of this Order shall apply, ho­
wever, in the case of a request for re-examina­
tion of the term of the certificate, reference 
shall be made to the grounds referred to in ar­
ticle 13 of the Regulations. 
(3) If a request for re-examination is filed by 
another person than the certificate holder, a co­
py of the request with accompanying docu­
ments shall be forwarded to the certificate hol­
der who shall be invited to file his observations 
within 2 months. If the certificate holder files a 
response, the Patent Authority shall decide 
whether further correspondence between the 
parties is required. 
(4) If the Patent Authority finds that no furt­
her correspondence between the parties is re­
quired, the Patent Authority shall decide whet­
her the request for re-examination may be met. 
If the request cannot be met, it shall be refused. 
If the request can be met, the Patent Authority 
shall change the term. 
Advertisement and entry in the Register of 
Certificates concerning re-examination 
97.-(1) The advertisement concerning the filing 
of and the decision on a request for reexamina­
tion shall state the certificate holder's name or 
firm name, the number and date offilin o of the 
application, the registration number offhe cer­
tificate, the number and classes of the basic pa­
tent, the title of the invention and the term of 
the certificate. The advertisement of the filino 
b 
of a request for re-examination shall also state 
the name or firm name of the person who has 
requested the re-examination. 
(2) An entry shall be made of the decision in 
the Register of Certificates. 
Re-establishment after lapse 
98.-(1) The provisions in section 72 of the Pa­
tents Act shall ap'ply to loss of rights as a conse­
quence of failure to comply with a specifically 
fixed time limit in the Regulations. Re-esta­
blishment may also be made when a ceertificate 
has lapsed under article 14, (c) or (d), of the Re­
gulations. (2) For the request of re-establishment under 
subsection 1 hereof the prescribed fee shall be 
paid. 
(3) When a request under subsection 1 hereof 
has been met, this shall be advertised. 
Chapter VI 
International applications and European 
applications and patents 
Part 18 
Receipt of in ternatiollal applications, etc. 
99.-(1) The Patent Office is the receiving Office 
for international applications from applicants 
who are Danish nationals and applicants who 
are residents of Denmark or have a commercial 
establishment in Denmark or who are legal en­
tities recognised according to Danish law. 
(2) If an international application is filed by 
several applicants, and if at least one of the ap­
plicants complies with the conditions referred 
to in subsection 1 hereof, that subsection shall 
apply with respect to the filing of the applica­
tion. 
(3) An applicant who is not a resident of this 
country shall have an agent residing in this 
country to represent him before the Patent Offi­
ce in all matters concerning the application. 
100.-(1) in its capacity as receiving Office, the 
. Patent Office shall receive, check and transmit 
international applications in accordance with 
the Patent Cooperation Treaty and its Regula­
tions. 
(2) The applicant shall pay the following fees 
to the Patent Office in its capacity as receiving 
Office: 
(i) the basic fee referred to in Rule 15 (1) of 
the Regulations under the Patent Coope­
ration Treaty within 1 month from receipt 
of the application, 
(ii) the designation fee referred to in Rule 15 
(1) of the said Regulations within 1 year of 
the internationai date offiling of the appli­
cation, or, if priority is claimed, from the 
date of priority, however, in the latter case 
the fee may always be paid within 1 month 
from receipt of the application, 
(iii) the search fee referred to in Rule 16 (l) of 
the said Regulations within 1 month from 
receipt of the application, 
(iv) the fee for the Patent Office's handling of 
the application as receiving Office (the IP/N/1/DNKlP/4 
Page 23 
transmittal fee) referred to in Rule 14 of 
the said Regulations within 1 month from 
receipt of the application, and 
(v) the confirmation fee referred to in Rule 15 
(5) of the said Regulations within 15 
months of the international date of filing 
of the application, or, if priority is clai­
med, from the date of priority. 
(3) If one of the fees referred to in subsection 
2 hereof have not been paid in due time, or has 
been paid in an insufficient amount at the expi­
ry of the time limit, Rule 16 bis ofthe said Regu­
lations shall apply. 
101.-(1) The applicant may choose whether the 
Swedish Patent Authority or the European Pa­
tent Office shall be the International Searching 
Authority considering the applications referred 
to in section 99 (1) ofthis Order. Uthe Swedish 
Patent Authority is elected as Searching Autho­
rity, the application shall be written in Danish 
or English. If the European Patent Office is 
elected, the application shall be written in En­
glish, French or German. 
(2) International applications filed with the 
Patent Office shall be filed in a single copy. 
They shall be written in a language accepted by 
the International Searching Authority, cf. sub­
section 1 hereof. A request form in English may 
be used even if the other documents of the ap­
plication are written in Danish . 
102. A separate record shall be kept of intern a­
tional patent applications filed with the Patent 
Office. The record shall not be open to the pub­
lic. 
103. Provided that the international applica­
tion is not comprised by the Danish Secret Pa­
tents Act, the Patent Office shall, in accordance 
with the Patent Cooperation Treaty and its Re­
gulations, transmit the application to the Inter­
national Bureau referred to in section 10 of this 
Order. 
Part 19 
Proceeding with international applications 
104.-(1) The provisions of section 8 (2) of this 
Order shall apply mutatis mutandis in respect 
of the filing of a translation when proceeding 
with an international application under section 
31 of the Patents Act, and when the review re-IPINIlIDNKJP/4 
Page 24 
ferred to in section 38 (1) of the Patents Aet is 
requested. 
(2) The Patent Office may reduce the obliga­
tion to file a translation in cases where only 
part of an international application is proce­
eded with in this country. If translation of only 
part of an international application is filed, the 
applicant shall make a declaration from which 
it appears which parts of the international ap­
plication are not included in the translation. 
The declaration shall also state the reason for 
leaving out the parts concerned. 
105.-(1) The time limit referred to in section 34 
of the Patents Act shall expire 4 months after 
the expiry of the time limit prescribed in sec­
tion 31 (1) of the said Act. 
(2) If, however, the applicant within 19 
months from the international date offiling or, 
ifpriority is claimed, from the priority date, has 
filed a declaration as referred to in section 31 
(2) of the said Act, the time limit referred to in 
section 34 of the Patents Act shall, however, ex­
pire at the same time as the time limit for proce­
eding with the application laid down in the said 
subsection. 
106. If, with respect to an international applica­
tion, the applicant has complied with the provi­
sions of section 31 of the Patents Act, but the 
Patent Office has not yet received notification 
from the International Bureau referred to in 
section 10 ofthis Order to the effect that the Bu­
reau has received the application, the Patent 
Office shall notify the Bureau thereof. 
107.-(1) The time limit for presenting a request 
for a review under section 38 (2) of the Patents 
Act shall expire 2 months after the date on 
which the receiving Office or the International 
Bureau referred to in section 10 of this Order 
has notified the applicant of such decision as 
referred to in section. 38 (1) of the Patents Act. 
(2) If the applicant proves that he has recei­
ved the notification referred to in subsection 1 
hereof later than 7 days after the date of the no­
tification, the time limit shall be extended by as 
many days in excess of 7 as have passed from 
the date of the notification until the date on 
which the applicant received the notification. Part 20 
European patent applications and patents, etc. 
108.-(1) If a European patent application is fi­
led with the Patent Office, the Patent Office 
shall indicate the date of filing on the docu­
ments of the application, issue a receipt for the 
documents and notify the European Patent Of­
fice thereof, ef. Rule 24 (2) and (3) of the Regu­
lations under the European Patent Convention. 
(2) Provided that the European application is 
not comprised by the Danish Secret Patents 
Act, the Patent Office shall, in accordance with 
Article 77 of the European Patent Convention 
and its Regulations, transmit the application to 
the European Patent Office. 
109. If the Patent Office, under Article 136 (2) 
of the European Patent Convention, receives a 
request for conversion from the applicant, the 
Patent Office shall immediately transmit the re­
quest together with a copy of the application to 
the Patent Authorities of the countries specifi­
ed in the request. 
110.-(1) If a European patent application is 
transmitted to the Patent Office under Article 
136 of the European Patent Convention, the 
Patent Office shall inform the applicant thereof 
without delay. 
(2) The application fee and the translation or, 
if the European application is written in Da­
nish, a copy of the application as required un­
der section 88 (1) (iii) of the Patents Act, shall 
be received by the Patent Office within 3 
months from the date on which the Patent Offi­
ce sent the notification referred to in subsection 
1 hereof to the applicant. 
(3) If the applicant has filed a request for se­
arch and examination of the patentability of an 
application based on documents in English, cf. 
section 8 (3) of this Order, the translation refer­
red to in subsection 2 hereof shall be filed wit­
hin 3 months from the date on which the Patent 
Office notified the applicant of the result of the 
examination. 
111.-(1) The Patent Office shall keep a separate 
record of European patent applications for 
which translations have been filed pursuant to 
sections 83 and 95 of the Patents Act. The re­
cord shall be open to the public. 
(2) In the record shall be entered the applica­
tion's number with the European Patent Office, the applicant's name or firm name and mailing 
address and the date on which the translation 
or a corrected translation was received by the 
Patent Office as well as the date on which the 
filing of the translation or a corrected transla­
tion was advertised. Finally, the date which has 
been accorded as the filing date of the applica­
tion, the information referred to in section 6 (2), 
(iv) to (vi), (xi) and (xiv) to (xv) and, if the appli­
cation is a European divisional application, the 
date of filing of the divisional application shall 
be recorded. 
(3) If a translation is filed and the fee is paid 
under section 77 of the Patents Act, a note to 
that effect as well as the date of the advertise­
ment thereof under section 112 of this Order 
shall be entered in the record. The same shall 
apply to any correction of such a translation re­
ceived before the patent is entered in the Regi­
ster under section 50 of this Order. 
112.-(1) Within 3 months from the date on 
which the European Patent Office has publis­
hed its decision to let the patent application 
proceed to grant or to maintain the patent in an 
amended form, the filing of the translation and 
the payment of the fee under section 77 of the 
Patents Act shall take place. 
(2) The translation under subsection 1 hereof 
shall cEmlprise the title of the invention, the 
description, including any drawings and pho­
tos and sequence list necessary for the under­
standing of the invention, and the patent 
claims. 
(3) The translation under section 77 (1), 1 st 
clause, ofthe Patents Act shall be accompanied 
by a separate letter stating the number of the 
patent application and the applicant's name or 
firm name and mailing address. The translation 
under section 77 (1), 2nd clause, of the Act shall 
be accompanied by a separate letter stating the 
number of the patent and the mime or firm na­
me and mailing address of the proprietor of the 
patent. 
(4) If the requirements of subsections 2 and 3 
hereof are not complied with, the translation 
shall be deemed not to have been filed. 
113. The translation under sections 83 and 95 of 
the Patents Act shall be accompanied by a se­
parate letter stating the number of the applica­
tion and the applicant's name or finn name and 
mailing address. I fthat requirement is not co m-IP/N/] /DNKlP/4 
Page 25 
plied with, the translation shall be deemed not 
to have been filed. 
114.-(1) Advertisements concerning transla­
tions under section 77 of the Patents Act shall 
contain the information referred to in section 
112 (3) of this Order, the classes of the patent 
application or the patent, the title of the inven­
tion, the date accorded as the filing date of the 
application, and the date on which the Europe­
an Patent Office has published its decision to 
let the patent application proceed to grant or to 
maintain the patent in an amended form and, if 
priority is claimed, where the previous applica­
tion whose priority is claimed was filed and the 
date of filing and number of that application. 
(2) Advertisements concerning translations 
under sections 83 and 95 of the Patents Act 
shall contain the information referred to in sec­
tion 113 of this Order, as well as information on 
the classes of the application, the title of the in­
vention, the date accorded as the filing date of 
the application and, if priority is claimed, whe­
re the previous application whose priority is 
claimed was filed and the date of filing and 
number of that application. 
115.-(1) Correction of the translation under sec­
tion 86 of the Patents Act shall be made by fi­
ling a new copy of the document clearly indica­
ting the correction accompanied by a separate 
letter stating the number ofthe patent or the pa­
tent application and the name and address of 
the proprietor of the patent or the applicant, 
respectively. 
(2) If the requirements in subsection 1 hereof 
are not complied with, the corrected transla­
tion shall be deemed not to have been filed. 
(3) Advertisements under section 86 (1) of the 
Patents Act shall contain the information refer­
red to in section 112 (3) of this Order, the clas­
ses of the patent application or the patent, the 
title of the invention, and the date on which the 
Patent Office received the corrected translation 
and the prescribed fee. 
(4) Advertisements under section 86 (2) of the 
Patents Act shall contain the information refer­
red to in section 113 ofthis Order, the classes of 
the application, the title of the invention, and 
the date on which the Patent Office received the 
corrected translation. 
116. In the examination and other processing 
oftranslations of European patent applications IP/N/1/DNK/P/4 
Page 26 
pursuant to sections 83 and 95 of the Patents 
Act, the Patent Office may grant exemption 
from the obligation to have an agent of section 
12 of the Patents Act. 
Chapter VII 
Miscellaneous provisions 
Part 21 
11'7. Notwithstanding a granted patent, spare 
parts and accessories for aircraft may be impor­
ted into and used in this country for the repair 
of aircraft belonging to another State being a 
party to the Convention of7 December 1944 on 
International Civil Aviation and either being a 
party to the Paris Convention for the Protection 
of Industrial property of 20 March 1883 or ha­
ving a patent legislation which recognises in­
ventions made by nationals of another State 
which is a party to the first-mentioned Conven­
tion and protects such inventions by a legisla­
tion which is in principle in conformity with the 
Paris Convention. 
118. Advertisements shall be inserted in 
»Dansk Patenttidende« (the Danish Patent 
Gazette) issued by the Patent Office. 
119.-(1) If the parties to an opposition, a re­
quest for administrative re-examination or a re­
quest for termination are represented by an 
agent, power of attorney shall be filed. Howe­
ver, the Patent Authority may grant exemption 
from the requirement concerning a written po­
wer of attorney. 
(2) The documents for the examination ofthe 
cases referred to in subsection 1 hereof shall be 
in Danish, Norwegian or Swedish. If the docu­
ments are drawn up in any other language, sec­
tion 8 (2) of this Order shall apply mutatis mu­
tandis. 
120.-(1) In the evaluation of the possibility of 
obtaining a compulsory licence under section 
45 (l) of the Patents' Act, working within the 
European Communities or working in a state 
which has ratified or has acceded to the Agre­
ement on the European Economic Area (EEA) 
or the Agreement on the Establishment of the 
World Trade Organisation (WTO) shall be 
equivalent to working in this country. 
(2) In the evaluation of the possibility of ob­
taining a compulsory licence under section 48 of the Patents Act, exploitation within the Eu­
ropean Communities or exploitation in a state 
which has ratified or has acceded to the Agre­
ement on the European Economic Area (EEA) 
or the Agreement on the Establishment of the 
World Trade Organisation (WTO) shall be 
equivalent to exploitation in this country. 
Chapter VIII 
Entry into force, transitional provisions 
Part 22 
Entry into force 
121.-(1) This Order shall enter into force on 8 
February 1997. 
(2) The provisions in sections 72 to 98 and 
sections 108 to 116 of this Order shall not apply 
to the Faroe Islands and Greenland. 
(3) At the same time Order No. 1193 of 23 
December 1992 shall be repealed. 
(4) The provisions of this Order relating to in­
ternational preliminary examination under the 
Patent Cooperation Treaty have been put into 
force by Order No. 602 of26 August 1988. 
Transitional provisions 
122. This Order shall also apply to patent appli­
cations which on its entry into force are pen­
ding before the Patent Authority with the follo­
wing exceptions: 
(i) Section 10 a shall apply to applications 
filed after 31 December 1995. 
(ii) Section 12 (3) of Order No. 1193 of 23 
December 1992 shall apply to applica­
tions filed prior to 1. January 1996. 
(iii) The provision of section 18 shall apply to 
applications filed after 31 December 
1992. 
(iv) If the applicant has been informed prior 
to 1 J an uary 1993 that the application has 
been accepted for laying open to public 
inspection, the examination of the appli­
cation shall be finished under the existing 
rules. 
(v) If the applicant has been informed prior 
to 1 December 1978 that the application 
has been accepted for laying open to pu b­
lie inspection, the provisions of Order 
No. 481 of20 December 1967 shall apply. 
(vi) The provisions of sections 2, 9, 10 and 56 
of Order No. 481 of 20 December 1967 shall apply to applications filed prior to 1 
December 1978. 
(vii) The provisions of Order No. 481 of 20 
December 1967 shall apply to applica­
tions for additional patents. IPIN/l/DNKlPl4 
Page 27 
(viii) The provisions of this Order concerning 
the deposit of cultures of micro-orga­
nisms shall only apply to applications fi­
led after 1 July 1985. 
The Danish Patent Office, 30 January 1997 
MOGENS MING 
/ Pia H. R0nager JP/N/lIDNKlP/4 
Page 28 
Annex 
Council regulation (EEC) no 1768/92 
of 18 June 1992 
concerning the creation of a supplementary protection certificate for medicinal products 
THE COUNCIL OF THE EUROPEAN 
COMMUNITIES, 
Having regard to the Treaty establishing the 
European Economic Community, and in parti­
cular Article I OOa thereof, 
Having regard to the proposal from the 
Commission(1), 
In cooperation with the European Parli­
ament(2), 
Having regard to the opinion of the Econo­
mic and Social Committee(3), 
Whereas pharmaceutical research plays a 
decisive role in the continuing improvement in 
pu blic health; 
Whereas medicinal products, especially tho­
se that are the result oflong, costly research will 
not continue to be developed in the Communi­
ty and in Europe unless they are covered by fa­
vourable rules that provide for sufficient pro­
tection to encourage such research; 
Whereas at the moment the period that elap­
ses between the filing of an application for a pa­
tent for a new medicinal product and authori­
zation to place the medicinal product on the 
market makes the period of effective protection 
under the patent insufficient to cover the in­
vestment put into the research; 
Whereas this situation leads to a lack of pro­
tection which penalizes pharmaceutical rese­
arch; 
Whereas the current situation is creating the 
risk of research centres situated in the Member 
States relocating to countries that already offer 
greater protection; 
Whereas a uniform solution at Community 
level should be provided for, thereby preven­
ting the heterogeneous development of natio­
nal laws leading to further disparities which 
would be likely to create obstacles to the free 
movement of medicinal products within the 
Community and thus directly affect the esta­
blishment and the functioning of the internal 
market; 
Whereas, therefore, the creation of a supple­
mentary protection certificate granted, under the same conditions, by each of the Member 
States at the request of the holder of a national 
or European patent relating to a medicinal pro­
duct for which marketing authorization has be­
en granted is necessary; whereas a Regulation 
is therefore the most appropriate legal instru­
ment; 
Whereas the duration of the protection gran­
ted by the certificate should be such as to provi­
de adequate effective protection; whereas, for 
this purpose, the holder of both a patent and a 
certificate should be able to enjoy an overall 
maximum of fifteen years of exclusively from 
the time the medicinal product in question first 
obtains authorization to be placed on the mar­
ket in the Community; 
Whereas all the interests at stake, including 
those of public health, in a sector as complex 
and sensitive as the pharmaceutical sector must 
nevertheless be taken into account; whereas, 
for this purpose, the certificate cannot be gran­
ted for a period exceeding five years; whereas 
the protection granted should furthermore be 
strictly confined to the product which obtained 
authorization to be placed on the market as a 
medicinal product; 
Whereas a fair balance should also be struck 
with regard to the determination of the transi­
tional arrangements; whereas such arrange­
ments should enable the Community pharma­
ceutical industry to catch up to some extent 
with its main competitors who, for a number of 
years, have been covered by laws guaranteeing 
them more adequate protection, while making 
sure that the arrangements do not compromise 
the achievement of other legitimate objectives 
concerning the health policies pursued both at 
national and Community level; 
Whereas the transitional arrangements ap­
plicable to applications for certificates filed 
and to certificates granted under national legis­
lation prior to the entry into force ofthis Regu­
lation should be defined; 
Whereas special arrangements should be al­
lowed in Member States whose laws introdu-ced the patentability of pharmaceutical pro­
ducts only very recently; 
Whereas provision should be made for ap­
propriate limitation of the duration ofthe certi­
ficate in the special case where a patent term 
has already been extended under a specific na­
tionallaw, 
HAS ADOPTED THIS REGULATION: 
Article 1 
Definitions 
For the purposes ofthis Regulation: 
(a) 'medicinal product' means any substance 
or combination of substances presented for 
treating or preventing disease in human 
beings or animals and any substance or 
combination of substances which may be 
administered to human beings or animals 
with a view to making a medical diagnosis 
or to restoring, correcting or modifying 
physiological functions in humans or in 
animals; 
(b) 'product' means the active ingredient or 
combination of active ingredients of a me­
dicinal product; 
(c) 'basic patent' means a patent which pro­
tects a product as defined in (b) as such, a 
process to obtain a product or an applica­
tion of a product, and which is designated 
by its holder for the purpose of the proce­
d ure for grant of a certificate; 
(d) 'certificate' means the supplementary pro­
tection certificate. 
Article 2 
Scope 
Any product protected by a patent in the ter­
ritory of a Member State and subject, prior to 
being placed on the market as a medicinal pro­
duct, to an administrative authorization proce­
dure as laid down in Council Directive 
65/65/EEC(4) or Directive 8118511EEC(5) 
may, under the terms and conditions provided 
for in this Regulation, be the subject of a certifi­
cate. 
Article 3 
Conditions for obtaining a certificate 
A certificate shall be granted if, in the Mem­
ber State in which the application referred to in IPIN/lIDNK/P/4 
Page 29 
Article 7 is submitted and at the date of that ap­
plication: 
(a) the product is protected by a basic patent in 
force: 
(b) a valid authorization to place the product 
on the market as a medicinal product has 
been granted in accordance with Directive 
65/65/EEC or Directive 81/851/EEC, as 
appropriate; 
(c) the product has not already been the su­
bject of a certificate; 
(d) the authorization referred to in (b) is the 
first authorization to place the product on 
the market as a medicinal product. 
Article 4 
Subject-matter of protection 
Within the limits of the protection conferred 
by the basic patent, the protection conferred by 
a certificate shall extend only to the product co­
vered by the authorization to place the corre­
sponding medicinal product on the market and 
for any use of the product as a medicinal pro­
duct that has been authorized before the expiry 
of the certificate. 
Article 5 
Effects of the certificate 
Subject to the provisions of Article 4, the cer­
tificate shall confer the same rights as conferred 
by the basic patent and shall be subject to the 
same limitations and the same obligations. 
Article 6 
Entitlement to the certificate 
The certificate shall be granted to the holder 
of the basic patent or his successor in title. 
Article 7 
Application for a certificate 
1. The application for a certificate shall be 
lodged within six months of the date on which 
the authorization referred to in Article 3 (b) to 
place the product on the market as a medicinal 
product was granted. 
2. Notwithstanding paragraph 1, where the 
authorization to place the product on the mar­
ket is granted before the basic patent is granted, 
the application for a certificate shall be lodged IP/N/lIDNKlP/4 
Page 30 
within six months of the date on which the pa­
tent is granted. 
Article 8 
Content of the application for a certificate 
1. The application for a certificate shall con­
tain: 
(a) a request for the grant of a certificate, sta­
-ting in particular: 
(i) the name and address of the applicant; 
(ii) if he has appointed a representative, 
the name and address of the represen­
tative; 
(iii) the number ofthe basic patent and the 
title ofthe invention; 
(iv) the number and date of the first autho­
rization to place the product on the 
market, as referred to in Article 3 (b) 
and, if this authorization is not the first 
authorization for placing the product 
on the market in the Community, the 
number and date of that authoriza­
tion; 
(b) a copy of the authorization to place the pro­
duct on the market, as referred to in Article 
3 (b), in which the product is identified, 
containing in particular the number and 
date of the authorization and the summary 
of the product characteristics listed in Ar­
ticle 4a of Directive 65/65/EEC or Article 
5a of Directive 81/851 IEEC; 
(c) if the authorization referred to in (b) is not 
the first authorization for placing the pro­
duct on the market as a medicinal product 
in the Community, information regarding 
the identity of the product thus authorized 
and the legal provision under which the 
authorization procedure took place, toget­
her with a copy of the notice publishing the 
authorization in the appropriate official 
publication. 
2. Member States may provide that a fee is to 
be payable upon application for a certificate. 
Article 9 
Lodging of an application for a certificate 
1. The application for a certificate shall be 
lodged with the competent industrial property 
office of the Member State which granted the 
basic patent or on whose behalf it was granted 
and in which the authorization referred to in 
Article 3 (b) to place the product on the market was obtained, unless the Member State desig­
nates another authority for the purpose. 
2. Notification of the application for a certifi­
cate shall be published by the authority refer­
red to in paragraph 1. The notification shall 
contain at least the following information: 
(a) the name and address of the applicant; 
(b) the number of the basic patent; 
(c) the title of the invention; 
(d) the number and date ofthe authorization to 
place the product on the market, referred to 
in Article 3 (b), and the product identified 
in that authorization; 
(e) where relevant, the number and date of the 
first authorization to place the product on 
the market in the Community. 
Article 10 
Grant of the certificate or rejection of the 
application 
1. Where the application for a certificate and 
the product to which it relates meet the condi­
tions laid down in this Regulation, the authori­
ty referred to in Article 9 (1) shall grant the cer­
tificate. 
2. The authority referred to in Article 9 (1) 
shall, subject to paragraph 3, reject the applica­
tion for a certificate if the application or the 
product to which it relates does not meet the 
conditions laid down in this Regulation. 
3. Where the application for a certificate do­
es not meet the conditions laid down in Article 
8, the authority referred to in Article 9 (1) shall 
ask the applicant to rectify the irregularity, or 
to settle the fee, within a stated time. 
4. If the irregularity is not rectified or the fee 
is not settled under paragraph 3 within the sta­
ted time, the authority shall reject the applica­
tion. 
5. Member states may provide that the aut­
hority referred to in Article 9 (1) is to grant cer­
tificates without verifying that the conditions 
laid down in Article 3 (c) and (d) are met. 
Article 11 
Publication 
1. Notification of the fact that a certificate 
has been granted shall be published by the aut­
hority referred to in Article 9 (1). The notifica­
tion shall contain at least the following infor­
mation: (a) the name and address of the holder of the 
certi ficate; 
(b) the number ofthe basic patent; 
(c) the title of the invention; 
(d) the number and date of the authorization to 
place the product on the market referred to 
in Article 3 (b) and the product identified in 
that authorization; 
(e) where relevant, the number and date of the 
first authorization to place the product on 
the market in the Community; 
(t) the duration of the certificate. 
2. Notification ofthe fact that the application 
for a certificate has been rejected shall be pub­
lished by the authority referred to in Article 9 
(1). The notification shall contain at least the 
information listed in Article 9 (2). 
Article 12 
Annual fees 
Member States may require that the certifica­
te be subject to the payment of annual fees. 
Article 13 
Duration of the certificate 
1. The certificate shall take effect at the end 
of the lawful term of the basic patent for a pe­
riod equal to the period which elapsed between 
the data"on which the application for a basic 
. patent was lodged and the date of the first aut­
horization to place the product on the market 
in the Community reduced by a period of five 
years. 
2. Notwithstanding paragraph 1, the dura­
tion of the certificate may not exceed five years 
from the date on which it takes effect. 
Article 14 
Expiry of the certificate 
The certificate shall lapse : 
(a) at the end of the period provided for in Ar­
ticle 13; 
(b) if the certificate-holder surrenders it; 
(c) if the annual fee laid down in accordance 
with Article 12 is not paid in time; 
(d) ifand as long as the product covered by the 
certificate may no longer be placed on the 
market following the withdrawal of the ap­
propriate authorization or authorizations 
to place on the market in accordance with 
Directive 65/65/EEC or Directive IP/N/IIDNKlP/4 
Page 31 
811851/EEC. The authority referred to in 
Article 9 (1) may decide on the lapse of the 
certificate either of its own motion or at the 
request ofa third party. 
Article 15 
Invalidity of the certificate 
1. The certificate shall be invalid if: 
(a) it was granted contrary to the provisions of 
Article 3; 
(b) the basic patent has lapsed before its lawful 
term expires; 
(c) the basic patent is revoked or limited to the 
extent that the product for which the certifi­
cate was granted would no longer be pro­
tected by the claims of the basic patent or, 
after the basic patent has expired, grounds 
for revocation exist which would have ju­
stified such revocation or limitation. 
2. Any person may submit an application or 
bring an action for a declaration of invalidity of 
the certificate before the body responsible un­
der national law for the renovation of the corre­
sponding basic patent. 
Article 16 
Notification of lapse or invalidity 
If the certificate lapses in accordance with 
Article 14 (b), (c) or (d) or is invalid in accor­
dance with Article 15, notification thereof shall 
be published by the authority referred to in Ar­
ticle 9 (1). 
Article 17 
Appeals 
The decisions of the authority referred to in 
Article 9 (1) or ofthe body referred to in Article 
15 (2) taken under this Regulation shall be 
open to the same appeals as those provided for 
in national law against similar decisions taken 
in respect of national patents. 
Article 18 
Procedure 
1. In the absence of procedural provisions in 
this Regulation, the procedural provisions ap­
plicable under national law to the correspon­
ding basic patent shall apply to the certificate, 
unless that law lays down special procedural 
provisions for certificates. IP/N/l/DNKfP/4 
Page 32 
2. Notwithstanding paragraph 1, the proce­
dure for opposition to the granting of a certifi­
cate shall be excluded. 
Article 19 
Transitional provisions 
1. Any product which, on the date on which 
this Regulation enters into force, is protected 
by· a valid basis patent and for which the first 
authorization to place it on the market as a me­
dicinal product in the Community was obtai­
ned after 1 January 1985 may be granted a certi­
ficate. 
In the case of certificates to be granted in 
Denmark and in Germany, the date of 1 Janu­
ary 1985 shall be replaced by that of 1 January 
1988. 
In the case of certificates to be granted in 
Belgium and in Italy, the date of 1 January 1985 
shall be replaced by that of 1 January 1982. 
2. An application for a certificate as referred 
to in paragraph 1 shall be submitted within six 
months of the date on which this Regulation 
enters into force. 
Article 20 
This Regulation shall not apply to certifica­
tes granted in accordance with the national le­
gislation of a Member State before the date on 
which this Regulation enters into force or to ap­
plications for a certificate filed in accordance 
with that legislation before the date of publica­
tion of this Regulation in the Official Journal of 
the European Communities. 
1) OJNoC 114,8.5.1990,p.lO. Article 21 
In those Member States whose national law 
did not on 1 January 1990 provide for the pa­
tentability of pharmaceutical products, this Re­
gulation shall apply five years after the entry in­
to force of this Regulation. 
Article 19 shall not apply in those Member 
States. 
Article 22 
Where a certificate is granted for a product 
protected by a patent which, before the date on 
which this Regulation enters into force, has had 
its term extended or for which such extension 
was applied for, under national patent law, the 
term ofprotection to be afforded under this cer­
tificate shall be reduced by the number of years 
by which the term of the patent exceeds 20 ye­
ars. 
FINAL PROVISION 
Article 23 
Entry into force 
This Regulation shall enter into force six 
months after its publication in the Official Jour­
nal of the European Communities. 
This Regulation is binding in its entirety and 
directly applicable in all Member States. 
Done at Luxembourg, 18 June 1992. 
For the Council 
The President 
Vitor MARTINS 
2) OJNoC 19,28.1.1991,p.94,andOJNoC 150,15.6.1992. 
3) OJNoC69, 18.3.1991,p.22. 
4) OJ No L22, 9.12.1965, p. 369. Last amended by Directive 89/341/EEC (OJ No L 142,25.5.1989, p. 1). 
5) OJ No L317, 6.11.1981, p. 1. Amended by Directive 90/676/EEC (OJ No L373, 31.12.1990, p. 15). IPINIl IDNK/P/4 
Page 33 
REGULATION (EC) No 1610/96 OF THE EUROPEAN PARLIAMENT AND OF 
THE COUNCIL 
of 23 July 1996 
concerning the creation of a supplementary protection certificate for plant 
protection products 
THE EUROPEAN PARl.lAMENT AND THE COUNCIL OF 
THE EUROPEAN UNION. 
Having regard to the Treaty establishing the European 
Community, and in particular Article 100a thereof, 
Having regard to the proposal from the Commission (I), 
Having regard to the opinion of the Economic and Social 
Committee (Z), 
Acting in :1CCOrd2nce with the procedure referred to in 
Article 189b of the Treaty ('), 
(1) Whereas research into plant protection products 
contributes to the continuing improvement in the 
production and procurement of plentiful food of 
good quality at affordable prices; 
(1) Whereas plant protection research contributes to the 
continuing improvement in crop production; 
(3) Whereas plant protection products, especially those 
that arc the n::sult of long, costly research, will 
continJ'~ to be developed in the Community and in 
Europe if they are covered by favourable rules that 
provide for sufficient protection to encourage such 
research; 
(4) Whereas the competitiveness of the plant protection 
sector, by the very nature of the industry, requires a 
level of protection for innovation which is equivalent 
to [hat granted to medicinal products by Council 
Regulation (EEC) No 1768/92 of 18 June 1992 
concerning the creation of 3 supplementary protec­
tion certificate for medicinal products «); 
(5) Whereas, at the moment, the peri.od that elnpses 
between the filing of ~n application for a patent for a 
new plant protection product and authorization [0 
(I) 0) C 390, 31. 12. 1994. p. 2; and OJ C 335. D. 12. 1995, p. 
15. 
(') OJ No C 155, 21. 6. 1995. p. 14. 
(I) Opinion of the EuropeAn Parliament of 15 Junt' 1995 (OJ C 
166,3.7.1995, p. 89), common position of the Council of 27 
Novcmlxr 1995 (0) C 353, 30. 12. 1995, p. 36) and decision 
of the European Parliament of l2 March 1996 (OJ C 96.1. -4. 
1996, p. 30). 
C) OJ No L 182, 2. 7. 1992, p. 1. place the said plant protection product on the 
market makes the period of effective protection 
under the patent insufficient to cover the investment 
put into the research and to generate the r~ources 
needed to maintain 11 high level of research; 
(6) Whereas this situarion leads to a lack of protection 
which penalizes plant protection research and the 
competitiveness of the sector, 
(7) Whereas one of the main objectives of the supple­
mentary protection certificate is to place European 
industry on the same competitive footing as its 
North American and Japanese counterparts; 
(8) Whereas, in its Resolution of 1 February 1993 n on a 
Community programme of policy and action in rela­
tion to the environment and sustainable develop­
ment, the Council adopted the general approach and 
strategy of the programme presented by the 
Commission, which stressed the interdependence of 
economic growth and environmental quality; 
whereas improving protection of the environment 
means maintaining the economic competitiveness of 
industry; whereas, accordingly, the issue of a supple­
mentary protection certificate can be regarded as a 
positive measure in favour of environmental protec­
tion; 
(9) Whereas a uniform solution at Community level 
should be provided for, thereby preventing the 
heterogeneous development of national laws leading 
to further disparities which would be likely to hinder 
the free movement of plant protection products 
within the Community and thus directly affect the 
functioning of the internal market; whereas this is in 
accordance with the principle of subsidiarity as 
defined by Article 3b of the Treaty; 
(10) Whereas, therefore, there is a need to create a supple­
mentary protection certificate granted, under the 
same conditions, by each of the Member States at the 
request of the holder of a national or European 
patent relating to a plant protection product for 
(') OJ No C 138, 17. 5. 1993, p. I. IP/NIlIDNKlP/4 
Page 34 
which marketing authorization has been granted is 
necessary. whereas a Regulation is therefore the most 
appropriate legal instrument; 
(11) Wherea~ . the duration of the protection granted by 
the c~rtdlcate sh?uld be such as to provide adequate, 
effective protection; whereas, for this purpo~, the 
holder of both a patent and a certificate should be 
ahle to enjoy an overall maximum of fifteen years of 
exclusivity from the time the plant protection 
product in question first obtains authorization to be 
placed on the market in the Community; 
(12) Whereas all the interests at stake in a sector as 
complex and sensitive as plant protection muse 
nevertheless be taken into account; whereas, for this 
purpose, the certificate cannot be granted for a 
period exceeding five years; 
(13) Whereas the certificate confers the same rights as 
those conferred by the basic patent; whereas, conse­
quently, where the basic patent covers an active 
substance and its various derivatives (salts and esters), 
the certificate confers the same protection; 
(14) Whereas the issue of a certificate for a product 
consisting of an active substance dcxs not prejudice 
the issue of other certificates for derivatives (salts and 
esters) of the substance, provided that the derivatives 
are the subject of patents specifically covering them; 
(15) Whereas a fair balance should also be stuck with 
regard to the determination of the transitional arran­
gements; whereas such arrangements should enable 
the Community plant protection industry to catch 
up to some extent with its main competitors,' while 
making sure that the arrangements do not compro­
mise the achievement of other legitimate objectives 
concerning the agricultural policy and environment 
protection policy pursued at both national and 
Community level; 
(16) Whereas only action at Community level will enable 
the objective, which consists in ensuring adequate 
protection for innovation in the field of plant protec­
tion, while guaranteeing the proper functioning of 
the internal market for plant protection products, to 
be attained effectively; 
(17) Whereas the detailed rules in recitals 12, 13 and 1>4-
and in Articles 3 (2), 4, 8 (I} (c) and 17 (2) of this 
Regulation are also valid, mutatis mutandis, for the 
interpretation in particular of recital 9 and Articles 3, 4. 8 (1) (c) and 17 of Council Regulation (EEC) No 
1768/92, 
HAVE ADOPTIiD THIS REGULATION: 
Artic/( 1 
Definitions 
For the purpo~s of this Regulation, the following defini­
tions shall apply: 
1. 'plant protection products': active substances and 
preparations containing one or more active 
substances, put up in the form in which they are 
supplied to the user, intended to: 
(a) protect plants or plant products against all 
harmful organisms or prevent the action of such 
organisms. in so far as such substances or prepara­
tions are not otherwise defined below; 
(b) influence the life processes of plants. other than 
as a nutrient (e.g. plant growth regulators); 
(c) preserve plant products, in so far as such 
substances or products are not subject to special 
Council or Commission provisions on preserva­
tives; 
(d) destroy undesirable plants; or 
(e) destroy parts of plants, check or prevent undesi­
rable growth of plants; 
2. 'substances': chemical elements and their compounds, 
as they occur naturally or by manufacture, including 
any impurity inevitably resulting from the manufac­
turing process; 
3. 'active substances': substances or micro-organisms 
including viruses, having general or specific action: 
(3) against harmful organisms; or 
(b) on plants, pam of plants or plant products; 
4. 'preparations': mixtures or solutions composed of two 
or more substances, of which at least one is an active: 
substance, intended for use as plant protection 
products; 
5. 'plants': live plants and live parts of plants, including 
fresh fruit and seeds; 
6. 'plant products': products in the un processed state or 
having undergone only simple preparation such as 
milling, drying or pressing. derived from plants, but 
excluding plants themselves as defined in point 5; 7. 'harmful organisms': pests of plants or plant products 
bclonginA to the animal or plant kingdom, and also 
viruses, bacteria and mycoplasmas and other patho­
gens; 
11. 'product': the active substance as defined in point 3 or 
combination of active substances of a plant protection 
product; 
9. 'basic patent': a patent which protects a product as 
defined in IXlint R as such, a preparation as defined in 
point 4, a process 10 obtain a product or an applica­
tion of a product, and which is designated by its 
holder for the purpose of the procedure for grant of a 
certificate; 
J O. 'certificate': the supplementary protection certificate. 
Arlidc 2 
Scope 
Any product prott'ued by a paten't in the territory of a 
Member State :md suhject, prior to being placed on the 
market as a plant protection product, to an administrative 
authorization procedure as laid down in Article 4 of 
Direcrive 91/414/EEC (I), or pursuant to an equivalent 
provision of national law if it is a plant protection product 
in respect of which the application for authorization was 
lodged before Directive 91 /414/EEC was im plemented by 
the Member State concerned, may, under the terms and 
conditions orovidrd for in this Regulation, be: the subject 
of a certITJ(.:atc, 
Article J 
Conditions for obtaining a certificate 
I. A c~rtificatc shall be granted if, in the Member State 
in which the application referred to in Article 7 is 
submitted, at the date of that application: 
(3) the product is protected by a basic "patent in force; 
(b) a valid authorization to place the product on the 
markcr as a plant protection product has been granted 
in accordance with Article 4 of Directive 91/414/EEC 
Or an equivalent provision of national law; 
(c) the product has not alr~ady been the subject of a certi­
ficate; 
(I) OJ L 230, 19.8. 1991. p. 1. Directive as last amended by 
Directive 95!36/EC (0) L 171,22. 7. 1995, p. 8~ IP/N/1/DNK/P/4 
Page 35 
(cl) the authorization referred to in (b) is the first authori­
zation to place the product on the market as a plant 
protection product. 
2. The holder of more than one patent for the same 
product shall not be granted more than onc certificate for 
that product. However, where two or more applications 
concerning the same product and emanating from twO or 
more holders of different patents are pending, one certifi­
cate for this prrxluct may be issued to each of these 
holders. 
Article 4 
Subject-matter of protection 
Within the limits of the protection conferred by the basic 
patent, the protection conferred by a certificate shall 
extend only to the product covered by the authorizations 
to place the corresponding plant protection product on 
the market and for any use of the product as a plant 
protection product that has been authorized before the 
expiry of the certificate. 
Article 5 
Effects of the certificate 
Subject to Article 4, the certificate shaH confer the same 
rights as conferred by the basic patent and shall be 
subject to the same limitations and the same obligations. 
Article 6 
Entitlement to the certificate 
The certificate shall be granted to the holder of the basic 
patent or his successor in title. 
Arfich 7 
Application for a certificate 
1. The application for a certificate shall be lodged 
within six months of the date on which the authorization 
referred to in Article 3 (1) (b) to place the product on the 
market as a plant protection product was granted. 
2. Notwithstanding paragraph I, where the authoriza­
tion to place the product on the market is granted before 
the basic patent is granted, the application for a certificate 
shatl be lodged within six months of the date on which 
the patent is granted. IP/N/1/DNKlPI4 
Page 36 
Article 8 
Content of the application for a certificate 
I. The application for ~ certificate shall contain: 
(1) a request for the grant of a certificate, Slating in 
particular: 
(il the name and address of the applicant; 
(iil the name and address of the representative, if any; 
(iiil the number of the basic patent and the title of 
the invention; 
(iv) the number and date of the first authorization to 
pbce the product on the market, as referred lO in 
Article 3 (1) (b) and, if this authorization is not the 
first authorization to place the product on the 
market in the Community, the number and date 
of that authorization; 
(b) a copy of the authorization to place the product on 
the market, as referred to in Article 3 (I) (b). in which 
the product is identified, containing in particular the 
number and date of the authorization and the 
summary of the product characteristics listed in Part 
A.I (points 1-7) or DJ (points 1-7) of Annex Il to 
Directive 91/414/EEC or in equivalent national laws 
of the Member State in which the application was 
lodged; 
(c) if the authorization referred to in (b) is not the first 
authorization to place the product on the market as a 
plant protection product in the Community, informa­
tion regarding the identity of the product thus autho­
rized nnd the legal provision under which the authori­
zation procedure took place, together with a copy of 
the notice publishing the authorization in the appro­
priate official publication or, failing such a notice, any 
other document proving that the authorization has 
been issued, the date on which it was issued and the 
identity of the product authorized. 
2. Member States may require a fec to be payable upon 
application for a certificate. 
Article 9 
Lodging of an application for a certificate 
1. The application for a certificate shall be lodged with 
the competent industrial property office of (he Member 
State which granted the hasic patent or on whose behalf it 
was granted and in which the authorization referred to in 
Article 3 (1) (b) to place the product on the market was 
obtained, unless the member State designates another 
authority for the purpose. 
2. Notification of the application for a certificate shall 
be published by the authority referred to in pU2graph I. The notification shall contain at least the fOllowing infor­
mation: 
(a) the name and address of the applicant; 
(b) the number of the basic patent; 
(c) the title of the invention; 
(d) the number and date of the authorization to place the 
product on the market, referred to in Article 3 (1) (b). 
and the product identified in that authorization; 
(e) where relevant, the number and date of the first 
authorization to place the product on the market in 
the Community. 
Article ]0 
Grant of the certi ftcate or rejection of the applica­
tion 
I. Where the application for a ~ertificate and the 
product to which it relates meet the conditions laid dO'l'<TI 
in this Regulation, the authority referred to in Article 9 (I) 
shall grant the certificate. 
1. The authority referred to in Article 9 (I) shall, 
subject to paragraph 3, reject the application for a certifi­
cate if the application or the product to which it relates 
does not meet the conditions laid down in this Regula­
tion. 
3. Where the application for a certificate does not meet 
the conditions laid down in Article 8, the authori ry 
referred to in Article 9 (1) shall ask the applicant to rectify 
the irregularity, or to settle the fee, within a stated time. 
4. If the irregularity is not rectified or the fee is not 
settled under paragraph 3 within the stated time, the 
application shall be rejected. 
5. Member Sutcs may provide that the authority 
referred to in Article 9 (J) is to grant certificates without 
verifying that the conditions laid down in Article 3 (1) (c) 
and (d) are met. 
Articl~ 11 
Publication 
1. Notification of the fact that a certificate has been 
granted shall be published by the authority referred to in 
Article 9 (1). The notification shall contain at least the 
following information: 
(a) the name and address of the holder of the certificate; 
(b) the number of the basic patent; (c) the title of the invention; 
(d) the number and date of the authorization to place the 
product on the market referred to in Article 3 (1) (b) 
and the product identified in that authorization; 
(e) where relevant, the number and date of the first autho­
rization to place the product on the market in the 
Community; 
(f) the duration of the certificate. 
2. Notific:ltion of the fact that the application for a 
certificate has been rejected shall be published by the 
authority referred to in Article 9 (1). The notification shall 
contain at least the information listed in Article 9 (2). 
Article 12 
Annual fees 
Member States may require the certificate to be subject to 
the payment of annual fees. 
Article 13 
Duration of the certificate 
J. The certificate shall take effect at the end of the 
lawful term of the basic patent for a period equal to the 
period which elapsed between the dale on which the 
application for a basic patent was lodged and the date of 
the first authorization to place the product on the market 
in the Community, reduced by a period of five years. 
2. Notwithstanding paragraph I, the duration of the 
certificate may not exceed five years from the date on 
which it takes effect. 
3. For the purposes of calculating the duration of the 
certificate, account shall be taken of a provisional first 
marketing authorization only if it is directly followed by a 
definitive authorization concerning the same product. 
Article 14 
Expiry of the certificate 
1be certificate shall lapse: 
{a) at the end of the period provided for in Article 13; 
(b) if the certificate-holder surrenders it; 
(c) if the annual fee Jaid down in accordance with Article 
12 is not paid in time; 
(d) if and as long as the product covered by the certificate 
may no longer be placed on the market following the 
withdrawal of the appropriate authorization or authori­
zations to place it on the market in accordance with 
Article 4 of Directive 91/414/EEC or equivalent provi­
sions of national law. The authority referred to in IP/N/IIDNKJP/4 
Page 37 
Article 9 (1) may decide on the lapse of the certificate 
either on its own initiative or at the request of a third 
party. 
Article 1 j 
Invalidity of the certificate 
1. The certificate shall be invalid if: 
(a) it was granted contrary to the provisions of Article 3; 
(b) the basic patent has lapsed before its lawful tenn 
expires; 
(c) the basic patent is revoked or limited to the extent 
that the product for which the certificate was granted 
would nO longer be protected by the claims of the 
basic patent or, after the basic patent has expired, 
grounds for revocation exist which would have justi­
fied such revocation or limitation. 
2. Any person may submit an application or bring an 
action for a declaration of invalidity of the certificate 
before the body responsible under national law for the 
revocation of the corresponding basic patent. 
Article 16 
Notification of lapse or invalidity 
If the certificate lapses in accordance with Article 14 (b), 
(c) or (d) or is invalid in accordance with Article 15, notifi­
cation thereof shall be published by the authority referred 
to in Article 9 (l~ 
Article 17 
Appeals 
1. The decisions of the authority referred to in Article 
9 (1) or of the body referred to in Article 15 (2) taken 
under this Regulation shall be open to the same appeals 
as those provided for in national law against similar deci­
sions taken in respect of national patents. 
2. The decision to grant the certificate shall be open to 
an appeal :Umed at rectifying the duration of the certifi­
cate where the date of the first authorization to place the 
product on the market in the Community, contained in 
the application for a certificate as provided for in Article 
8, is incorrect. 
Article 18 
Procedure 
1. In the absence of procedural provlSlons in this 
Regulation, the procedural provisions applicable under 
national law to the corresponding basic patent and, where 
appropriate, the procedural provisions applicable to the 
certificates referred to in Regulation (EEC) No 1768/92., IP/N/l/DNKlP/4 
Page 38 
shall apply to the certificate. unless national law lays 
down special procedural provisions for certific~tes as 
rderred to in this Regulation. 
2. Notwithstanding paragraph I. the procedure for 
opposition to the granting of a certificate shall be 
excluded. 
TRANSITIONAL PROVISIONS 
Ilrtide 19 
1. Any product which, on the date on which this Regu­
lation enters into force. is protected by a valid basic 
patent and for which the first authorization to place it on 
the market as a plant protection product in the Commu­
nity was obtained after I Janu~ry 1985 under Article 4 of 
Directive 91/414/EEC or an equivalent national provision 
may be granted a certificate. 2. An application made under paragraph 1 for a certifi­
cate shall be submitted within six months of the date On 
which this Regulation enters into force. 
Ar/icie 20 
In those Member States whose national law did not, on 1 
January 1990. provide for the patentability of plant 
protection products. this Regulation shall apply from 2 
January 1998. 
Article 19 shall not apply in those Member States. 
FINAL PROVISION 
Article 21 
Entry into force 
This Regulation shall enter into force six months after its 
publication in the Official Journal of the EUTo~an 
Cornmllnitin 
This Regulation shall be binding in its entirety and directly applicable in all Member 
States. 
Done at Brussels, 23 July 1996. 
For tbe European Parliammt 
The President 
K. HANSCH For the Council 
Tlu PrtSident 
M. LOWRY IPINIlIDNKlP/4 
Page 39 
CONTENTS 
Chapter I -Patent applications 
Part 1 Scope ........................................................... . 
Part 2 Filing and recording of applications ................................. . 
Part 3 Drawing up of applications ......................................... . 
Part 4 Priority ......................................................... . 
Part 5 Patent claims, description and abstract : .............................. . 
Part 6 Deposits ........................................................ . 
Chapter 11 -Examination and other processing of applications 
Part 7 Amendment of patent applications .................................. . 
Part 8 Division and excision ............................................. . 
Part 9 Applications available to the public .................................. . 
Part 10 Examination of patent ability ....................................... . 
Chapter III -Grant of patents, etc. 
Part 11 Grant of patents .................................................. . 
Part 12 The Register of Patents ............................................ . 
Chapter IV -Opposition, administrative re-examination, termination 
Part 13 Examination of oppositions ........................................ . 
Part 14 Administrative re-examination ...................................... . 
Part 15 Request for termination of patents ................................... . Section 
1 
2-7 
8-9 
10-13 
14-20 
21-23 
24-26 
27-30 
31-35 36-42 
43-47 
48-54 
55-62 
63-71 
72-80 
Chapter V -Supplementary protection certificates for medicinal products and plant protection pro­
ducts 
Part 16 Application for a certificate and the Register of Certificates, etc. . ......... . 
Part 17 Administrative re-examination of certificates, etc ....................... . 
Chapter VI -International applications and European applications and patents 
Part 18 Receipt of international applications, etc .............................. . 
Part 19 Proceeding with international applications ............................ . 
Part 20 European patent applications and patents, etc .......................... . 
Chapter VII -Miscellaneous provisions 
Part 21 ................................................................. . 
Chapter VIII -Entry into force, transitional provisions 
Part 22 ................................................................. . 
Annex I -Council Regulation (EEC) No. 1768/92 
Annex 11 -European Parliament and Council Regulation (EC) No. 1610/96 81-91 
92-98 
99-103 
104-107 
108-116 
117-120 
121-122 