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INFORMATION FROM THE CONTRACTING / EXTENSION STATES

DK Denmark

Utility Models Act

1. The Utility Models Act 1992 entered into force on 1 July 1992. The Act contains "derivation" provisions similar to those contained in the German Utility Model Law (Gebrauchsmustergesetz)1 whereby a utility model application may be derived from a Danish patent application or from a European or international application designating Denmark, provided that both applications relate to the same subject-matter. A priority right claimed for the patent application applies equally to the utility model application derived from it, however a utility model application cannot be derived from a patent application filed prior to the date on which the Utility Models Act came into force (1 July 1992).

2. All subject-matter which is patentable under the Patents Act2 may be protected by a utility model except plants and animals, war material or processes. The Act provides for initial protection of three years from the filing date, extendable to a maximum of ten years. There is an absolute novelty requirement, however the requirement for inventive step is that the invention "differ clearly" from the prior art, as opposed to the requirement that the invention "differ significantly" from the prior art for patent applications. Applications are not subject to substantive examination unless this is requested by the applicant, however after registration of the utility model any person may file a request for examination or re-examination; the utility model may then be maintained unamended or revoked entirely or partially. A decision of the Danish Patent Office may be appealed to the Appeal Board and from there to the courts. If requested, the files of a utility model application will not be made available to the public until fifteen months after the filing or the priority date.