The Mi nistryfor Business and Industry Consolidate A CT Nu. 781 of 30 August 2001

The Consolidate Patents Act

Publication of th e Patents Ac t, cf. Co nso lida ted Ac t No . 926 of 22 September 20(JO, inc lud ing th e

ame ndme nts wh ich foll ow from Sec tion I in Ac t No . 125R 01'20 December 2000 "

Part I

General provisions

Section I

(1) Any per son wh o has made an inventionwhich is susceptible of industri al app lication, orhis successor in title, shall, in accordance withthis Act, hav e the right on app lication to begranted a patent for the invention and therebyobtain an exclusive right to exploit the inventi oncommerciall y. Inventions may be patented with­in all areas of technology.

(2) Th e following subject-matter or activi tiesin particular shall as such not be regarded as in­ventions :(i) discover ies, scientific theories and mathe­

matical meth ods,(ii) art istic creations,(iii) plans, rule s or methods for intellectual activ­

ity, for games or for busine ss activity orcomputer programs,

(iv) presentation of information.(3) Methods for surg ical or therapeuti c treat­

ment or for diagnosis, practi sed on human beingsor animals, sha ll not be regarded as inve ntions,either. Th is pro vision sha ll not prevent the grantof patents for products, including substances andcompounds, for use in any of such method s.

(4) Patent s shall not be granted in respect ofplant and anim al varieties . Patents may, howev­er, be granted for inventi ons, the subject matterof which is plant s or anima ls if the techni cal fea-

The Ministr y of Trade and Industry.Dan ish Patent and Trademark Of1ice . j .No , 199R 002 35

s.ibility of the in v~nti on is not co nfined to a pa r­ticul ar plant or an imal variety. In th is act , a plantvariety means a plant variety as defin ed in Arti­c le 5 of Co uncil Regul ation (EC) No. 2 100/94 onCo mmunity plant variety rights.

(5) Patents sha ll not be gra nted in res pect ofessentially biological processes for the produ c­ti?n of plan ts or animals. In thi s Act. essentia llybiolog ical processes mean processes, wh ich con­sist entire ly of natural phenom ena such as cross­ing or se lection. Patent s may, how ever , be gra nt­ed lor microb iological processes or other techn i­ca l processes or a product produced by means ofsuch processes. In thi s Act. a microbiologica lpro cess means any process, which exploits amicrobi ological materia l. is perform ed on amicrobi ological mater ial or results in a micro­biologica l material.

(6) Inventi ons may be paten tab le, eve n if theyco nce rn a produ ct consisting of or containing bi­o log ica l rnaterial or a process by means of whichbiological mat erial is produced, processed orused . Biolog ical mat erial , which is isolated fromits natu ral env ironment or produ ced by means ofa techni cal process may be the subject of an in­vention eve n if it previously occ urred in nature .In thi s Ac t, biolo gical material means materialconta ining genetic info rma tion and capable ofrepro duc ing itse lf or being reproduced in a bio­logical system.

Sec tion la

(I) The human body, at the various stages or

Schult l G,ar"k

its forma tion and development, and the simplediscovery of one of its elements, including a se­quence or part ial sequence of a gene, cannot con-stitute patentab le inventions. .

(2) No twithstanding subsect ion I hereof, anelement isolated from the human body or other­wise produ ced by means of a techn ical process,including a sequence or partial sequence of agene, may consti tute a patentable invention,even if the struc ture of that element is identicalto that of a natural element.

Section Ib

(I) Patents shall not be granted in respect of in­ventions the commercia l exploitation of whichwould be contrary to ordre publ ic or morality.

(2) An exploitation shall not be deemed to becontrary to ordre publ ic or morality merely be­cause the exploitation is prohibited by law or ad­ministrat ive regulation.

(3) Pursuant to (I) patents may, however, notbe granted for, among other things(i) processes for cloning human beings,(i i) processes for modi fying the germ line genet­

ic identity of human beings,(iii) uses of human embryos for industrial or

commerc ial purposes, and(iv) processes for modi fying the genetic identit yofanima ls which are likely to cause them suffer­ing witho ut any substantial medical benefit toman or animal, and also animals resulting fromsuch processes.

Sec tion 2

(I) Patents sha ll be gran ted only for inven­tions, which are new in relat ion to the state of theart prior to the date of filing of the patent appli­cation and which, moreover, differ essentiallytherefrom.

(2) The state of the art shall be held to com­prise everything made avai lable to the pub lic bymeans of a written desc ription, lecture, exploita­tion or in any other way. The contents of patentapplications filed in this country before the saiddate of filing shall also be regarded as comprisedin the state of the art, if such app licatio ns aremade avai lable to the public in acco rdance withthe rules in sectio n 22 of this Act. The same shallapply to the contents of applications for registra­tion of utility models filed in this country beforethe said date of filing, if such applicatio ns are

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made available to the publ ic in accordance withthe rules relating to utili ty models. The require­ments in subsect ion I hereof to the effec t that theinvention sha ll differ essentially from the state ofthe art shall, however, not apply in relation to thecontents of such appli cations.

(3) Provisions to the effec t that for the purpos­es of subsection 2 hereof applica tions providedfor in Part 3 of this Act shall in certain cases havethe same effec t as patent applicat ions filed in thiscountry are laid down in sectio ns 29 and 38 ofthi s Act.

(4) The requirement under subsection 2 hereofthat inventions be new shall not prevent the grantof patents for known substances or compoundsfor use in the meth ods referred to in section 2 (3)of this Act, provided that the use of such sub­stance or compound is not known for any ofthose methods.

(5) Patents may, however, be gra nted for in­ventions irres pective of the fact that they havebeen made avai lable to the publi c with the last 6months prior to the filing of the application, ifthis is a conseq uence of(i) evident abuse in relation to the applicant or

his legal predecessor, or(ii) the fact that the applicant or his legal prede­

cessor has displayed the invent ion at an offi­cia l, or officially recognized, internation alexhibition falling within the terms of theConvention on International Exhibitions,signed at Par is on 22 November 1928.

Section 3

(I) The excl usive right conferred by a patentsha ll imp ly that no one, except the proprieto r ofthe patent, may without permission exp loit theinventi on(i) by making, offe ring, putting on the market

or using a produ ct which is the subject-mat­ter of the patent , or by importi ng or possess­ing the product for these purposes, or

(ii) by using a process which is the subject-mat­ter of the patent or by offering the processfor use in this country, if the person offeringthe process knows, or it is obvious in the cir­cumstances that the use of the process is pro­hibited without the consent of the proprietorof the patent , or

(iii) by offe ring, puttin g on the market or using aproduct obtai ned by a process which is the

subject-matter of the patent or by importingor possessing the product for these purpo ses.

(2) The exclusive right shall imply that no one,except the proprietor of the patent , may withoutpermission exploit the invention by supplying oroffering to supply any person who is not entitledto exploit the invention with means for workingit in this country, if these means relate to an es­sential element of the invention and the personsupplying or offering to supply the meansknows, or it is obvious in the circumstances, thatthese means are suitable and intended for suchuse. This provi sion shall not apply when themeans are staple commodities, except when theperson supplying or offering to supply the meansinduces the person supplied to commit acts as re­ferred to in subsection I hereof. For the purposeof the Ist and 2nd clause hereof, persons perform­ing acts as referred to in subsection I hereof. Forthe purposes of the Ist and 2nd clause hereof, per­sons performing acts as referred to in subsection3 (i), (iii) or (iv) hereof shall not be consideredentitled to exploit the invent ion.

(3) The exclusive right shall not extend to:(i) acts done for non-commercial purpo ses,(ii) acts concerning products put on the market

in this country or in another country withinthe European Economic Area (EEA) by theproprietor of the patent or with his con sent ,

(iii) acts done for experimental purposes relatingto the subject-matter of the patented inven­tion, or

(iv) preparation in a pharmacy of a medicinalproduct accord ing to a prescription in indi­vidual cases or acts concerning the medici­nal product so prepared.

Section 3a

(I) The protection conferred by a patent on abiological material possessing specific chara c­teristics as a result of the invention shall extendto any biological material derived from that bio­logical material through propagation or multipli­cation in an identical or divergent form and pos­sess ing those same characteristics.

(2) The protection conferred by a patent on aprocess that enables a biological material to beproduced possessing specific chara cteristics as aresult of the invention shall extend to biologicalmaterial directly obtained through that proces sand to any biological material through propaga-

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tion or multiplication in an identical or divergentform and possessing those same characteristics.

(3) The protection conferred by a patent on aproduct containing or consisting of genetic in­formation shall extend to all material in whichthe product is incorporated and in which the ge­netic information is contained and performs itsfunction , cf., however, Section Ia.

(4) The protection reffered to in (I), (2) and (3)shall not extend to biological material obtainedfrom the propagation or multiplication ofbiolog­ical material placed on the market in the territoryof a Member State by the propri etor of the patentor with his consent, where the multiplication orpropagation necessarily result s from the applica­tion for which the biological material was mar­keted, provided that the material obtained is notsubsequently used for other multiplication orpropagation.

Section 3b

(1) Notwithstanding the provisions in Section3a, / 1-3), the sale or other form of commerciali­sation of plant propagating material to a farmerby the proprietor ofthe patent or with his consentfor agricultural use implies authorisation for thefarmer to use the product of his harvest for prop­agation or multiplication by him on his ownfarm, the extent and conditions ofthis derogationcorresponding to those under Article 14 of Reg­ulation (EC) No. 2100/94 on Community plantvariety rights.

(2) Notwithstanding the provision s in Section3a, /1-3), the sale or any other form of commer­cialisation of breeding stock or other animal re­productive material to a farmer by the proprietorof the patent or with his consent implies author­isation for the farmer to use the animal or otheranimal reproductive material for the purpo se ofpursuing his agricultural activity but not to sell itwithin the framework or for the purpo se of acommercial reproduction activity. The Ministerfor Business and Industry shall lay down provi­sions concerning the extent and conditions of thefarmer's exploitation of such patents for the pur­poses of pursuing his agricultural acti vity.

Section 4

(1) Any person who, at the time when the pat­ent application was filed, was exploiting the in­vention commercially in this country may, not-

withstanding the grant of a patent , continue suchexploita tion retain ing its general charac ter, pro­vided that the exploitation did not constitute anevident abuse in relati on to the applicant or hislegal predecessor. Such a right of ex ploitationshall also, under similar conditions, be enjoyedby any person who had made substantial prepa­rations for commercia l exploitation of the inven­tion in this country.

(2) Th e right provided for in subsec tion I here­of shall only be transferred to others togetherwith the business in which it has arisen or inwhich the exploitation was intended .

Sec tion 5

(I) Not withstanding a patent having beengranted for an invention, persons other than thepropri etor of the patent may exploit the inven­tion by the use of a foreig n vehicle, vessel or air­craft when it temp oraril y or acc identally entersthis co untry.

(2) The Minister for Business and Industrymay direct that, notwithstanding the gra nt of apatent , spare parts and accessories for aircraftmay be imported into and used in this country forthe rep air of aircraft belon ging to a foreign statewhich grants similar right s in respect of Danishaircraft.

Sec tion 6

(1) Application for a patent of an inventionwhic h no earlier than 12 month s prior to the dateof application has been stated in an applicationrelating to patent or utilit y model registration inthis co untry or patent , inventor's certificate orutility model protection in another countrywhich has joined the Paris Convention of 20th

March 1883 co ncerning the protection of indus­trial own ership shall in relation to sec tions 2( I) ,2(2) and 2(4) together with sec tion 4 of this Or­der on request be seen as being filed at the sametime as the earlier application. The same right ofprior ity shall apply eve n if the appli cation forprotect ion does not orig inate from a countrywhich has joined the convention when an ident i­ca l priority from a Danish patent application orutil ity model application pursuant to bilateral ormultilateral agree ment is allowe d in the countryin which the earlier application was filed and thisis on conditions and with effects which substan­tially co mply with the convention.

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(2) The Minister for Business and industryshall lay down the particulars of the right toclaim such priority.

Part 2

Patent applications and examination and otherprocessing thereofetc,

Section 7

(1) The Patent Authority of this country shallbe the Patent and Trade Mark Office, headed bya Director General , and the Patent Board of Ap­peal (Board of Appeal for Industrial Property).For the purposes of this Act , the "Patent Author­ity" mean s the Patent Authority of this country,unless otherwise stated.

(2) The Patent Board of Appeal shall be estab­lished by the Minister for Business and Industryfor the examination of appeals from decision ofthe Patent and Trade Mark Office, cf. sections 25and 67 of this Act , and appeals from decisionspursuant to the Danish Designs Act, the Dani shTrade Marks Act , etc. The Patent Board of Ap­peal shall consist of not more than 18 memberswho shall be appointed for a term of5 years. 2 ofthe memb ers, one of whom shall be the chair­man , shall possess the general qualifications forappointment to the office of High Court judgewhereas the other members together shall pos­sess the best possible expert knowledge of pat­ents, designs, trade marks and matters placed un­der the authority of the Patent Board of Appealby other legislation. They shall be graduatesfrom the Technical University of Denmark(Danmarks Tekniske Hejskole), another institu­tion of higher education or have acquired thenecessary expert knowledge in another way .

(3) Havin g regard to the circumstances of eachparticular case, the chairman shall decide whichand how many of the members of the Board ar toparti cipate in the examination of the case.

(4) The Mini ster for Busine ss and Industryshall lay down further rules for the activities ofthe Patent Board of Appeal including rules relat­ing to proceedings and rules to the effect that theappellant shall pay a fee for the examination ofan appeal.

Section 8

(I) An appli cation for a patent shall be filed

with the Patent Authority or, in the case s referredto in Part 3 of this Act, with the patent authorityof a foreign state or with an international organ­isation.

(2) The application sha ll contain a descriptionof the invention, including drawin gs where nec­essary, and a precise statement of the matter forwhich protection by the patent is sought (one ormore claims). The fact that the invention relat esto a chemical compound shall not imply that spe­cific use must be indicated in the claim. The de­scription shall be sufficiently clear to enable aperson skilled in the art to carry out the inven ­tion . An invention which relates to or involvesthe use of biological material sha ll, in the casesspecified in section 8 a of this Act, only be re­garded as disclosed in a sufficient clear manner,if also the requirements of section 8 a are ful­filled.

(3) The application sha ll also contain an ab­stract of the descript ion and claims. The abstrac tshall merely serve for use as techni cal informa­tion and may not be taken into acco unt for anyother purp ose.

(4) The name of the inventor shall be indicatedin the application . If the applicant is not the in­ventor, he shall prove his right to the invention.

(5) The applicant shall pay the prescr ibed ap­plication fee. For the patent application the pre­scribed renewal fee in respect of each fee yearbeginning before the application is finally decid­ed upon shall also be paid. The fee year shallcomprise I year and shall the first time be reck­oned from the date of filing of the appli cationand there after from the co rresponding day of thecalendar year.

Sec tion 8 a

(1) If, in order to carry out the inventi on , thisinvolves the use of biological material whi ch isneither available to the publ ic nor describable inthe documents of the applica tion so as to enablea person skilled in the art to carry out the inven­tion, a sample of the biolo gical mater ial shall bedeposited not later than on the date of filing ofthe application. The sample shall thereafter al­ways be deposited in such manner that any per­son entitled under this Act to a sample of the bi­ological material may have the sample furni shedin Denm ark . The Minister for Business and In­dustry shall lay down rule s as to where depositsmay be made.

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(2) If a deposited sample ceases to be viab le, orif for any other reason a sample canno t be fur­nished, the sample may be replaced by a newsample of the biological mater ial within the pre­scribed period and otherw ise in accordance withrules laid down by the Min ister for Busine ss andIndu stry. If so, the new deposit shall be deemedto have been made already on the date of the pre­vious deposit.

Sec tion 9

If the applicant so requests and pays the pre­scr ibed fee , the Patent Authority shall, in accord­ance with rules laid down by the Minister forBusiness and Industry, cause the app lication tobe sea rched by an International Searching Au­thority under the provision s o f Article 15 (5) ofthe Patent Co-o peration Treaty, done at Was h­ington on 19 June 1970.

Sec tion 10

In the same applica tion a patent may not be ap­plied for in respect of two or more mutu ally in­depend ent inventions.

Sec tion 11

If a patent is applied for in respect of an inven­tion which is disclosed by the applicant in an ear­lier patent application in which no final decisionhas been given, the later application shall, at therequest of the applica nt and on the condition slaid down by the Mini ster of Business and Indus­try, be deemed to have been filed at the timewhen the docum ent s disclosing the inventi onwere received by the Patent Authorit y.

Sec tion 122)

The Patent and Trade Mark O ffice may invitethe applicant to appoi nt an agen t residing in TheEuropean Economic Area (EEA) to represe nthim in all matters re lating to the application. Thename and address of the age nt sha ll be entered inthe Register of Patent s.

Sec tion 13

An application for a patent may no t be amend­ed in such a way that protection is cla imed forsubjec t-matter whic h was not disclosed in theapplicat ion at the time when it was filed .

Section 14

(Repealed)

Section 15

(1) If the applicant has not complied with therequirements of the application, or if the PatentAuthority has other objections to the acceptanceof the application, the applicant shall be notifiedaccordingly and be invited to file his observa­tions or to correct the application within a timelimit to be specified. The Patent Authority may,however, make such amendments in the abstractas it finds necessary without consulting the ap­plicant.

(2) If the applicant fails to file the required ob­servations or to take steps to correct the applica­tion within expiry of the time limit, the applica­tion shall be shelved. The notification referred toin subsection I hereof shall contain informationto that effect.

(3) The examination of the application shall,however, be resumed if the applicant submits hisobservations or takes steps to correct the applica­tion within 4 months after expiry of the specifiedtime limit and pays the prescribed resumptionfee.

(4) Ifany renewal fee is not paid according tosections 8, 41 and 42 of this Act, the applicationshall be shelved without previous notification. Inthe case of an application shelved for that reasonthe proceedings for grant may not be resumed.

Section 16

If, after having received the applicant's reply ,the Patent Authority still has objections to the ac­ceptance of the application, and the applicant hashad an opportunity to comment on the objec­tions, the application shall be refused, unless thePatent Authority considers it necessary oncemore to invite the applicant under section 15 (1)of this Act.

Section 17

(1) Ifany person claims before the Patent Au­thority that he, and not the applicant, is entitledto the invention, the Patent Authority may, if itfinds the question doubtful, invite him to bring itbefore the courts within a time limit to be speci­fied. If the invitation is not complied with, thePatent Authority may disregard the claim when

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deciding on the patent application. Informationto that effect shall be given in the invitation.

(2) If legal proceedings have been institutedconcerning the right to an invention for which apatent has been applied for, the proceedings forgrant may be suspended, until a final decisionhas been given in the legal proceedings.

Section 18

(1) Ifany person proves to the Patent Authori­ty that he, and not the applicant, is entitled to theinvention, the Patent Authority shall transfer theapplication to the said person, if he so requests.The transferee shall pay a new application fee.

(2) If a request has been made for the transferof a patent app lication, the application shall notbe shelved, refused or accepted until a final deci­sion has been made on the request.

Section 19

(1) If the application complies with the re­quirements, and no objections have been foundto the grant of a patent, and it has been estab­lished that the applicant approves the text on thebasis of which patent may be granted, the PatentAuthority shall notify the app licant to the effectthat patent may be granted against payment ofthe prescribed fee for publication of the patentspecifications.

(2) After the Patent Authority has submittednotification as mentioned in subsection I the pat­ent claim s shall not be amended in such a man­ner that the scope of the patent protection is ex­tended.

(3) The fee for publication of the patent speci­fications shall be paid within 2 months after thePatent Authority has forwarded a notificationunder subsection I hereof. Failure to do so shallcause the application to be shelved. However,proceedings will be resumed, if the applicantpays the patent grant fee and the prescribed re­sumption fee within 4 months after expiry of thetime limit.

Section 20

(1) When the requirements in section 19 of thisAct have been complied with, the Patent Author­ity shall grant the patent and issue letters patent.The grant of patent shall be advertised at thesame time .

(2) Patent specifications including description,

claims and abstract shall be obtainable from thePatent Authority at the same time as the grant ofpatent is advertised. The patent spec i fi cat i~ns

shall state the proprietor of the patent and the In­

ventor.

Section 21

(1) Any person shall be entitled to file an op­position with the patent Authority against ay at­ent, which has been granted. The oppositronshall state the grounds on which the opposition isfiled and shall be submitted to the Patent Author­ity within 9 months from advertisement of thegrant of patent. The opposition shall be accom­panied by the prescribed fee.

(2) An opposition shall only be filed on thegrounds that the patent has been granted irre­spective of the fact that(i) the requirements of Sections I and 2 of this

Act are not complied with,(ii) it relates to an invention which has not been

described in a suffic iently clear manner as toenable a person skilled in the art to carry outthe invention on the basis of the description ,or

(iii) the subject-matter extends beyond the con­tents of the application filed.

(3) The Patent Authority shall advertise the fil­ing of an opposition .

Section 22

(1) As from the date on which patent is grant­ed, the files of the application shall be availableto the public.

(2) When 18 months have elapsed from thedate of filing or, ifpriority has been claimed un­der section 6 of this Act, from the date on whichpriority is claimed , the files shall be available to,the public, even if patent has not been granted. Ita decision has been made to shelve or to refusethe application, the files shall, however, not beavailable unless the applicant requests resump­tion of the proceedings, appeals against the re­fusal or requests re-establishment of rights undersections 72 or 73 of this Act.

(3) At the request of the applicant, the ti lesshall be made available earlier than prescribed insubsections I and 2 hereof.

(4) When the files are made available undersubsection 2 or 3 hereof, a notice to that effectshall be published.

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(5) II' a document contains business secretswhich do not relate to an invent ion for whichpatent is applied or has been granted, the PatentAuthority may, on request, when circumstancesmake it desirable, decide that the document shallnot be available or only available in part. If sucha request has been filed, the docum ent shall notbe made available until a decision has been madeor during the period within which the decisionmay be appealed against. An appeal shall havesuspensive effect.

(6) If a sample of biological material has beendeposited under section 8 a of this Act, any per­son shall have the right to obtain a sample whenthe files become avai lable under subsections I, 2or 3 hereof. After the patent has been granted,and notwithstanding revocation or cancellationof the patent, furnishing may be made to anyonerequesting it. This does not imply, however, thatany sample shall be furnished to any person who,according to the rules laid down in or pursuant tolaw, is not allowed to handle the deposited mate­rial. Nor shall any sample be fum ished to anyperson if, due to the dangerous propertie s of thematerial, his handling of the sample is supposedto involve obvious danger.

(7) Notwithstanding subsection 6 hereof, theapplicant may request that, until a patent hasbeen granted, the furnishing of a sample shallonly be effected to an expert in the art. If an ap­plication is refused, withdrawn or deemed to bewithdrawn, the applicant may request that a sam­ple of the deposited material shall only be fur­nished to an expert in the art for 20 years fromthe date on which the patent application wasfiled. The Minister for Business and Industryshall lay down provisions for the submission ofa request for furnishing, for the time limit forpresenting such requests and prescribing whomay be used as en expert.

(8) The request for the furnishing of the sam­ple shall be filed with the Patent Authority a~d

shall contain a declaration to observe the restric­tions on the use of the sample which appear fromrules laid down by the Minister for Business andIndustry. If the sample is to be furnished to anexpert in the art, the declaration shall instead begiven by the latter.

Section 23

(1) II' an opposition has been tiled , the propri­etor of the patent shall be notified accordingly

and be given an opportunity to file his observa­tions on the oppo sition .

(2) The Patent Authority may examine an op­position eve n though the patent has terminatedor wi ll terminate under sections 51, 54 or 96 ofthis Act, even if the oppos ition is withdraw n, oreven if the opponent dies or loses his capacity toenter into legal transactions.

(3) The Patent Authority may revoke a patentor maintain it unamended or amended. If the Pat­ent Authority finds that the patent may be main ­tained as ame nded, and it has been establishedthat the proprietor of the patent consen ts to this,the patent spec ifications sha ll be ame nded ac­cording ly after the pro prietor of the patent haspaid the prescribed fee for publi cation hereof.Copies of the amended patent spec ifica tionsshall be obtainab le from the Patent Authority.

(4) II' the proprietor of the patent does not ap­prove the main tenance of the patent as ame ndedor does not pay the fee for publ icat ion of newpatent specifications in time, the patent shall berevoked.

(5) The Patent Authority shall adverti se its de­cis ion on the opposition.

Section 24

(1) An appeal from the final decision of thePatent Office concerning a patent applicationmay be tiled by the applicant with the PatentBoard of Appea l. The proprietor of the patentmay file an appea l with the Patent Board of Ap­peal, if a patent has been revoked, or if the PatentOffice finds that the patent may be maintained asamended followi ng an opposi tion. The opponentmay file an appeal with the Patent Board of Ap­pea l, if a patent is maintained unamended , or ifthe Patent Office finds that the patent may bemaintained as amended despite a duly filed op­position. If the opponent withdraws his appea l,such appeal may neve rtheless be examined whencircumstances make it desirable.

(2) Dec isions refusing a request for resump­tion under section 15 (3), or sec tion 19 (3) of thisAct or com plying with a request for transfer un­der sec tion 18 of this Act may be appealedagai nst by the app licant. Decisions rejec ting a re­quest for the transfer of the application may beappea led against by the person making the re­quest.

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(3) Decision s refu sing a request under section22 (5) of this Act may be appealed against by theperson making the request.

Section 25

(1) Appea ls und er section 24 of this Act sha llbe filed with the Patent Board of Appea l not laterthan 2 months after the date on which the partyconcerned was notified of the deci sion by thePatent Office. The prescribed fee shall be paidwithin the same time limit. Failure to do so shallcause the appeal to be refu sed .

(2) The decisions of the Patent Board of Ap­peal may not be brought before any higher ad­mini strative authority.

(3) Proceedings to test deci sion s of the PatentOffice which may be appealed against to the Pat­ent Board of Appeal may not be brought beforethe courts until the deci sion of the Patent Boardof Appeal has been given, cf. however secti on s52 and 53 of this Act. Proceedings to test deci­sions by which the Patent Board ofAppeal refu s­es an appli cation for a patent or revokes a patentshall be brought within 2 months after the dateon which the party concerned wa s notified of thedecision.

(4) The provisions of section 22 (5) of this Actsha ll apply mutatis mutandis with respect to doc­ument s received by the Patent Board of Appeal.

Sec tion 26

If an application which is available to the Pub­lic is finally refused or shelved, notice hereofsha ll be publ ished .

Sec tion 27

Granted patent s shall be entered in a Registerof Patents whi ch shall be kept by the Patent Au­thority.

Part 3

International patent app licat ions

Section 28

(1) An "internation al patent application"means an appli cation under the Patent Coopera­tion Treaty, done at Washington on 19 Jun e1970.

(2) An internat ional patent application shall befiled with a patent authority or an international

Organisation which is competent under the Trea­ty and the Regulations to receive such applica­tion (receiving Office). An international patentapplication may be filed with the Patent Author­ity of this country in accordance with rules laiddown by the Minister of Busines s and Industry .The applicant shall pay the fee prescribed for theapplication to the Patent Authority .

(3) The provisions of sections 29 to 38 of thisAct shall apply to international patent applica­tions designating Denmark.

Section 29

An international patent application which hasbeen accord ed an international filing date by thereceiving Office shall have the same effect as apatent application filed in this country on thatdate. The provision ofsection 2 (2), 2nd clause , ofthis Act shall, however, not apply unless the ap­plication has been proceeded with under section31 of this Act.

Section 30

An international patent application shall beconsidered withdrawn as far as Denmark is con­cerned in the cases referred to in Article 24 ( I) ,(i) and (ii), of the Treaty .

Section 31

(1) If the applicant wishes to proceed with aninternational application with respect to Den­mark, he shall within 20 months from the inter­national date of filing or, if priority is claimed,from the priority date pay the prescribed fee tothe Patent Authority and file a translation intoDanish of the international application to the ex­tent prescribed by the Minister for Business andIndustry or, if the application is written in Dan­ish, a copy of the application.

(2) If a request is made by the applicant to sub­ject an international application to an interna­tional preliminary examination , and if within 19months from the date referred to in subsection 1hereof he declares, in accordance with the Trea­ty, that he intends to use the result s of that exam­ination in Denmark (election of Denmark), heshall compl y with the requirements of subsec­tion I hereof within 30 months from the saiddate.

(3) If the applicant has paid the prescrib ed feewithin the time limits fixed in subsections I and

9

2 hereof, the prescribed translation or copy maybe filed within a further period of 2 months pro­vided that a prescribed additional fee is paid pri­or to expiry of the further period .

(4) If the applicant fails to fulfil the requ ire­ment s of this section, the application shall beconsidered withdrawn as far as Denmark is con­cerned .

Section 32

If the applicant withdraws a reque st for an in­ternational preliminary examination or an elec ­tion of Denmark, the international patent appli­cation shall be considered withdrawn as far asDenmark is concerned, unless the withdrawalhas been effected prior to the expiry of the timelimit applicable under section 31 (I) of this Act ,and the applic ant proceeds with the applicationprior to the expiry of the time limits laid down insection 31 (I ), cf. subsec tion 3, of this Act.

Section 33

(1) When an international patent applicationhas been proceeded with under section 31 of thisAct , the provisions of Part 2 of this Act shall ap­ply to the application and the examination andfurther proce ssing thereof with the deviationsprovided for in this section and in sections 34 to37 of this Act. The examination and furtherproce ssing of the application shall only be com­menced prior to the expiry of the time limits ap­plicable under section 31 ( I) or (2) of this Act , ifthe applicant so requests.

(2) The provision of section 12 of this Actshall only be applicable as from the time whenthe Patent Authority may commence the exami­nation and other proce ssing of the application.

(3) The provisions of section 22 (2) and (3) ofthis Act shall apply even before the applicationhas been proceeded with when the applicant hascomplied with his obligation under section 31 ofthis Act to file a translation of the application or,if the application is writt en in Danish, when theapplicant has filed a copy thereof with the PatentAuthority.

(4) For the purpo ses of sections 48,56 and 60of this Act, an internat ional patent applicationshall be deemed to have been made available tothe public when it has been made available undersubsection 3 hereof.

(5) If the application complies with the re-

quirements relatin g to form and contents provid­ed for in the Treaty, it shall be accepted in thatrespect.

Section 34

Patent shall only be granted or refused in re­spect of an international patent application afterexpiry of the time limit laid down by the Minis­ter for Business and Industry, unless the appli­cant has consented to the application being de­cided upon prior thereto .

Secti on 35

Without the consent of the applicant, the Pat­ent Authority shall not grant a patent for an inter­national patent appli cation or publi sh it prior toits publication by the International Bureau of theWorld Intellectual Property Organization(WIPO) or prior to the exp iry of 20 months fromthe international filing date or, if priority isclaimed , from the date of prior ity.

Section 36

(1) Ifany part of an international patent appli­cation has not been the subject of an internation­al sea rch or an international preliminary exami­nation because the application has been deemedto relate to two or more mutuall y independent in­ventions, and the applicant has not paid the addi­tional fee under the Treaty within the prescribedtime limit , the Patent Auth ority shall review thefinding to determin e whether it was j ustified. Ifthis is found to be the case, the said part of theappli cati on shall be considered withdrawn be­fore the Patent Author ity, unless the applicantpays the prescribed fee within 2 month s afte r thedate on which the Patent Authority notifi ed himof the result of the review. If the Patent Authorityconsiders that the findin g was not justified, itshall proceed with the examination and otherprocessing of the application in its entirety.

(2) The applicant may appea l agai nst a deci­sion under subsec tion I hereof by which an ap­plication is found to relate to two or more mutu­ally independent inventi ons. The provisions ofsection 25 ( I) to (3) of this Act shall apply muta­tis mutandis.

(3) If the appeal is dismissed, the time limit forpayment of the fee under subsection 1, 2nd

clause, hereof shall be calculated from the dateon which the final decision is give n.

10

Section 37

If any part of an intern ational application hasnot been the subject of an intern ational prelimi­nary examination because the appl icant has re­stric ted the claims at the demand of the interna­tional Preliminary Examination Authority, thatpart of the application shall be con sidered with­drawn before the Patent Authority , unless the ap­plicant pays the prescribed fee wi thin 2 monthsafter the date on which the Patent Authority in­vited him to pay with reference to the restrictionof the examination carried out.

Section 38

(1) If a receiving Office has refu sed to accordan international filing date to an internationalpatent application, or ifit has decided that the ap­plication or the designation of Denmark shall beconsidered withdrawn, the Patent Authorityshall, at the request of the applicant, review thedeci sion to determine whether it was ju stified.The same shall appl y to any deci sion from theInternational Bureau according to which an ap­plicat ion shall be considered withdrawn.

(2) A request for a review under subsec tion Ihereof shall be presented to the International Bu­reau prior to the expiry of a time limit laid downby the Minister for Business and Industry. Theapplicant shall, prior to the expiry of the sametime limit and to the extent prescribed by theMinister for Business and Industry, file a trans­lat ion of the application with the Patent Author­ity and pay the prescribed appl ication fee.

(3) If the Patent Authori ty finds that the deci­sion of the rece iving Office or the Internat ionalBureau was not justifi ed, the Patent Authorityshall examine and process the application underPart 2 of this Ac t. If no international fi ling datehas been acco rded by the receiving Offi ce, theap plication shall be deemed to have been filed onthe date which in the opinion of the Patent Au­thority should have been accorded as the intern a­tional filing date. If the appli cation complieswith the requirements relating to form and con­tent s provided for in the Treaty, it shall be ac­ce pted in that respect.

(4) The provision of section 2 (2), 2nd clause,of this Act shall apply to applications to be ex­amined and processed pursuant to subsection 3hereof, prov ided that the application is made

avai lable to the publ ic under section 22 of thisAct.

Part 4

Extent ofthe protection and term ofthe patent

Sectio n 39

The extent of the prot ection confe rred by apatent shall be determined by the claim s. for theinterpretation of the claims the descr ipt ion mayserve as a guide .

Section 40

A granted patent may be maintained until 20yea rs have elapsed from the date of filing of thepatent application. A renewal fee sha ll be paidfor the patent in respect of eac h fee yea r begi n­ning after the grant of the patent.

Part 5

Payment ofrenewal f ee

Section 41

(1) The renewal fee sha ll fall due on the lastday of the month in which the fee year beg ins.The renewal fee in respect of the first two feeyears sha ll, however, only fall due at the sametime as the fee in respect of the third fee year.Renewal fees may not be paid earlier than 3months before the due date.

(2) For a later application as provided for insection II of this Act, the renewal fee in respectof fee years having begun befo re the date of fil­ing of the later applicat ion or beginn ing within 2months afte r that date sha ll in no case fall due be­fore 2 month s have elapsed afte r the sa id date.For an international patent application, renewalfee, in respect of fee yea rs having begun beforethe date on which the applicat ion was proceededwith under section 3 1 of this Act or taken up forexa mination and other processing under sec tion38 of this Act or beginning within 2 months afterthat date shall in no case fall due before 2 monthshave elapsed after the dat e on which the applica­tion was proceeded with or taken up for exa mi­nation and other processing.

(3) Any renewal fee may, together with theprescribed , additio nal fee, be paid within 6months afte r its due date.

(4) The Danish Patent and Trademark Office

11

sha ll collect renewal fees from the applicant orthe prop rietor of the patent or an appointedage nt, if any, but the Danish Patent and Trade­mark office shall not be held responsible for lossof rights as a consequence of failure to collec t.

Section 42

(1) If the invent or is the applicant or the pro­prietor of the patent , and if it is deemed to in­vo lve great difficulti es for ham to the renewalfees, the Patent Authority may grant him a res­pite for the payment thereof, provided that a re­quest to that effect is submitted not later than onthe date on which the renewal fees fall due forthe first time. Respites may be granted for up to3 yea rs at a time, but no longer than until 3 yearshave elapsed from the grant of the patent. Anyreq uest for a prolongation of a respit e shall besubmitted not later than on the date on which thegranted respite ex pires.

(2) If a request for a respit e or a prolongat ionof a respite is refused, payment within 2 month sthereaft er shall be regarded as payment in duetime.

(3) Any renewal fee for the payment of whicha res pite has been granted according to subsec­tion I hereof may, togeth er with the same addi­tional fee as refe rred to in sect ion 41 (3) of thisAct, be paid within 6 months after the date untilwhic h the respite has been granted.

Part 6

Licensing, transfer, etc.

Section 43

If the propri etor of the patent has granted an­other person a right to exploit the inventi on com­mercially (l icense), the licensee may not transferthat right to others in the absence of an agree­ment to the con trary .

Section 44

(I) The transfer of a patent, the gra nt of a li­cense, pledging or exec ution proceedin gs leviedon the patent or the commenceme nt of insolven­cy proceedings agai nst the proprietor shall, onrequest, be record ed in the Register of Patents.

(2) If it is proved that a regis tered license hasterminated, the license sha ll be deleted from theRegister.

(3) The provisions of subsections I and 2 here­of shall also apply to compulsory licenses andrights under section 53 (2) of this Act.

(4) Legal proceedings in respect of a patentmay always be brought against the person who isentered in the Register as proprietor of the pat­ent, and any notification from the Patent Author­ity may be sent to him.

Section 45

(1) If a patent invention is not worked to a rea­sonable extent in this country when 3 years haveelapsed from the grant of the patent and 4 yearshave elapsed from the filing of the patent appli­cation, any person wishing to work the inventionin this country may obtain a compulsory licenseto do so, unless there are legitimate reasons forfailure to work the invention.

(2) The Minister for Business and Industrymay direct that for the purposes of subsection Ihereof working of the invention in another coun­try shall be equivalent to working in this country.Such a provision may be made subject to reci­procity.

Section 46

(1) The proprietor of a patent for an invention,the use of which is dependent on a patent or aregistered utility model which belongs to anoth­er person may obtain compulsory license for useof the protected invention of the latter patent orthe protected model on utility model registrationif the former invention makes up an essentialtechnical progress of substantial economic im­portance.

(2) The proprietor of the patent of the inven­tion or of the registered utility model for whichuse compulsory license has been granted pursu­ant to the provision in (I) shall on reasonableterms be able to obtain compulsory license foruse of the other invention.

Section 46 a

(1) An owner ofa variety who cannot obtain orexploit a plant variety right without infringing aprior patent may apply for a compulsory licensefor use of the invention, where the compulsorylicense for the exploitation of the plant variety tobe protected, against payment of an appropriateroyalty. Compulsory license will only be grantedprovided that the owner of the variety proves that

12

the variety constitutes essential technicalprogress of substantial economic importance inrelation to the invention.

(2) Where , under the Danish Plant VarietyProtection Act, a proprietor of a patent has ob­tained a compulsory license to exploit a protect­ed plant variety, the owner of the plant varietyhas the right , on reasonable terms, to obtaincross-license for use of the invention.

Section 47

When required by important public interests,any person who wishes to exploit an inventioncommercially for which another person holds apatent may obtain a compulsory license to do so .

Section 48

(1) Any person who, in this country, at thetime when a patent application was made availa­ble to the public, was commercially exploitingthe invention for which a patent is applied for,may, if the application results in a patent, obtaina compulsory license to exploit the invention, ifvery special circumstances make it desirable,and he had no knowledge and could not reason­ably have obtained any knowledge of the appli­cation. Such a right shall also, under similar con­ditions, be enjoyed by any person who had madesubstantial preparations for commercial exploi­tation of the invention in this country.

(2) Such a compulsory license may include thetime preceding the grant of the patent.

(3) The Minister for Business and Industrymay direct that for the purposes of subsection Iherof exploitation of the invention in anothercountry shall be equivalent to exploitation in thiscountry. Such a provision may be made subjectto reciprocity.

Section 49

(1) Compulsory license shall only be grantedto persons who by agreement have neot beenable to obtain license on reasonable terms andwho may be regarded as being able to make useof the invention in a reasonable and proper man­ner and in compliance with the license.

(2) A compulsory license shall not prevent theproprietor of the patent from exploiting the in­vention himself or from granting licenses to oth­ers .

(3) Compulsory license can only be trans-

ferred to others together with the establishmentin which it is used or in which the utilisation wasintended. For compulsory license filed in ac­cordance with Section 46( I) it shall moreover beapplicable that transfer of compulsory licenseshall take place together with the patent the useof which is dependent on a patent or a registeredutility model which belongs to another person.

(4) Compulsory license concerning semicon­ductor technology can only be filed for public ,non-commercial use or for terminating an anti­competitive practice, which has been establishedby decree or administrative decision .

Section 50

(I) The Copenhagen Maritime and Commer­cial Court shall decide as the court of first in­stance whether a compulsory license shall begranted and shall also determine the extent towhich the invention may be exploited, fix thecompensation and lay down the other term s ofthe compulsory license. If circumstances shouldchange considerably, the Court may , at the re­quest of either party, cancel the licen se or laydown new terms of the license.

Part 7

Termination ofpatent, administrative re­examination, etc.

Section 51

If any renewal fee is not paid in accordancewith the rules laid down in sections 40 , 41 and 42of this Act , the patent shall lapse as from the be­ginning of the fee year in respect of whi ch the feehas not been paid.

Section 52

(I) A patent may be revoked by a court deci­sion if:(i) it has been granted notwith standing that the

requirements under Sections I and 2 of thisAct are not complied with

(ii) it relates to an invention which is not dis­closed in a manner sufficiently clear to ena­ble a person skilled in the art to carry out theinvention,

(iii) its subject-matter extends beyond the con­tents of the application as filed, or

(iv) the protection conferred by the patent has

13

been extended after the Patent Authority hasnotified the applicant that patent will begranted.

(2) A patent may, however, not be revoked inits entirety on the gro und that the proprietor ofthe patent was only partially entitled to the pat­ent.

(3) With the exceptions provided for in sub­section 4 hereof proceedin gs may be institutedby any person.

(4) Proceedin gs on the ground that the patenthas been grant ed to another person than the oneentitled thereof under section I of this Act, mayonly be instituted by the person claiming to beentitled to the patent. Such proceedin gs shall bebrou ght within I year after the entitled personobt ained knowledge of the grant of the patentand of the other circumstances on which the pro­ceedings are based . I fthe proprietor of the patentwas in goo d faith when the patent was granted orwhen he acquired the patent , the proceedingsmay not be brought later than 3 yea rs after thegra nt of the patent.

Sec tion 53

(1) If a patent has been granted to another per­son than the one entitl ed thereto under sec tion Iof this Act, the court shall tran sfer the patent tothe entitled person, if he so claim s. The provi­sions of sec tion 52 (4) of this Act conce rning thetime for institution of the proceedin gs shall ap­ply mutatis mutandis,

(2) The person who is depri ved of the patentsha ll, if he in good faith is exploiting the inven­tion commercially in this country or has madesubstantial preparations for such exploitation, beentitled, for a reasonable compensation and onrea sonable conditions in other respects, to con­tinue the exploitation alread y commenced or toimpl ement the planned exploitation retainin g itsgenera l character. Such a right sha ll also, underthe same conditions, be enjoyed by holders ofregistered licenses.

(3) Rights under subsec tion 2 hereof may onlybe transferred to others together with the busi­ness in which they are exploited or in which theexploitation was intended .

Sec tion 53 a"

Proce edin gs instituted as to revo cation whil ean oppos ition pursuant to Section 2 1 remains to

be conclusively considered by the Patent Au­thority may be suspended by the court until a fi­nal decision has been made by the Patent Au­thority.«

Section 53 b4)

(1) Any person may file a request with the Pat­ent Authority to the effect that a patent grantedby the Patent Authority or granted with effect forDenmark pursuant to Section 75 be re-examined.

(2) A request pursuant to subsection I may notbe filed during the period allowed for opposition,or as long as an opposition remains to be finallydecided upon. Where proceedings before thecourt as to a patent remain to be finally decidedupon, a request pursuant to subsection I may notbe filed as to the patent in question.

(3) Where proceedings as to a patent arebrought before the court prior to a fina l decisionon a request pursuant to subsection I relating tothe same patent, the Patent Authority shall tem­porarily shelve the consideration of the requestpending the conclusive sett lement of the pro­ceedings, unless the request has been filed by thepatent holder.

(4) Where a request for re-examination hasbeen filed, the patent holder shall be notifiedthereof and be invited to file his observations.The Patent Authority shall advertise the filing ofa request for re-examination.

(5) The Patent Authority may consider a re­quest for re-examination, even where the patenthas terminated or will terminate pursuant to Sec­tions 51, 54, or 96. The Patent Authority mayalso consider the request, even where the requestis withdrawn, or the person having requested there-examination dies or loses his capacity to enterinto legal transactions.

(6) The request as to administrative re-exami­nation shall pursuant to subsection I be accom­panied by the prescribed fee.«

Section 53 c

(1) A request for re-examination by personsother than the proprietor of the patent shall onlybe filed on the grounds for revocation referred toin section 52 (I) of this Act.

(2) The Patent Authority may revoke the pat­ent or maintain the patent, amended or unamend­ed. The Patent Authority shall examine whetherthe request can be met, and, if so, whether the

14

grou nds referred to in section 52 (I) of this Actwill prevent the patent from being maintained asamended.

Section 53 d

(1) If a request from persons other than theproprietor of the patent cannot be met, the re­quest shall be refused, and the patent shall bemaintained unamended.

(2) If the request is met, but the patent cannotbe maintained as amended, the Patent Authorityshall revoke the patent. If the patent may bemaintained as amended, the patent shall beamended accordingly, if the proprietor of thepatent approves the amended wording of the Pat­ent Authority. If the proprietor of the patent doesnot approve the amended wording, the patentsha ll be revoked.

(3) When a final decision has been made tomaintain a patent as amended, the proprietor ofthe patent shall pay the prescribed fee for publi­cation of new patent specifications within theprescribed time limit. Failure to pay the fee intime shall cause the patent to be revoked .

(4) The Patent Authority shall advertise its de­cision on an adm inistrative re-examination.

Section 53 e"

(1) The patent holder himself may request thathis patent be restricted by amending the descrip­tion, claims, or drawings on the conditions re­ferred to in Section 53 b (2) and (6) .

(2) The Patent Authority shall then examinewhether the grounds referred to in section 52 (I)of this Act will prevent the patent from beingmaintained in the amended form desired by theproprietor of the patent. If the desired restrictioncan then be approved, the patent shall be amend­ed accordingly, and section 53 d (3) and (4) ofthis Act shall apply mutatis mutandis, however,the patent shall be declared to have ceased tohave effect, if the fee for publication of new pat­ent specifications is not paid in time.

(3) If, on the other hand, the patent cannot bemaintained in the desired restricted form, suchrequest for restriction shall be refused.

Section 53 f

If a patent is amended under sections 53 d or53 e of this Act, copies of the new patent speci­fications sith the amended description, drawings

15

and claims shall be available from the Patent Au­thority as from the date when this is advertisedunder section 53 d (4) of this Act.

Section 54

(1) If the proprietor of a patent surrenders thepatent to the Patent Authority the Patent Author­ity shall declare the patent to have ceased to haveeffect.

(2) If proceedings have been instituted for thetransfer ofpatent, the patent shall not be declaredto have ceased to have effect, until a final deci­sion has been given in the proceedings.

Section 55

When a patent has lapsed or has been declaredto have ceased to have effect or has been revokedor transferred to another person by a final courtdecision, the Patent Authority shall publish a no­tice to that effect.

Section 55 a

If a patent is revoked wholly or partially, thepatent shall, to the extent that it has been re­voked, be considered not to have had the effectsreferred to in section 3 of this Act already fromthe date of filing of the patent application. If apatent is restricted at the request ofthe proprietorof the patent, the amendment shall only take ef­fect from the date when a notice to that effect isadvertised.

Part 8

Obligation to give information about patents

Section 56

(1) An application for a patent who invokes hispatent application against another person, beforethe files of the application have become availa­ble to the public, shall be under an obligation onrequest to consent to the said person getting ac­cess to inspect the files of the application. If theapplication comprises a deposited sample of bi­ological material as referred to in section 8 a ofthis Act, the said person shall also have a right toobtain a sample. The provisions of section 22(6), 2nd and 3 ' d clause, (7) and (8) of this Act shallapply in those cases.

(2) Any person who, by direct communicationto another person or in advertisements or by in-

scription on goods or their packaging or in anyother way, indicates that a patent has been ap­plied for or granted, without indicating at thesame time the number of the application or thepatent, shall be under an obligation to give suchinformation to any person requesting it withoutundue delay. If it is not explicitly indicated thata patent has been applied for or granted, but cir­cumstances are such as to create that impression,information as to whether a patent has been ap­plied for or granted shall be given on requestwithout undue delay.

Part 9

Liability to punishment. liability for damages.etc.

Section 576)

(1) Any person who intentionally infringes theexclusive right conferred by a patent (patent in­fringement) shall be liable to a fine. Under ag­gravating circumstances, including in particularif the purpose of the infringement is a significantand obviously unlawful profit, the penalty mayincrease to imprisonment of not more than oneyear.«

(2) Companies etc . (legal entities) may be heldcriminally liable according to Part V of the Dan­ish Penal Code.

(3) Proceedings shall be brought by the injuredparty in case of infringement. Proceedings shall,however, be brought at the request of the injuredparty in case of infringements under subsectionI, 2nd clause, hereof by the public authorities.

Section 58

(1) Any person who intentionally or negligent­ly commits patent infringement shall be liable topay a reasonable compensation for the exp loita­tion of the invention as well as damages for thefurther injury, which the infringement may havecaused.

(2) Ifany person commits patent infringementwhich is not intentional or due to negligence, heshall be liable to pay compensation and damagesunder the provisions of subsection I hereof, ifand to the extent this is found reasonable.

Section 59

(1) In the case of patent infringement the courtmay, to the extent this is found reasonable and

when so claimed, make decisions to prevent theabuse of products man ufactured in acco rdancewith the paten ted invention or of any apparatus­es, tools or other articles the use of which wouldinvolve patent infringe ment. It may thus be de­cided that the article shall be altered in a speci­tied manner or destroyed or, in the case of a pat­ented art icle, that it sha ll be surrendered to theinj ured party against compensation. this, howev­er, shall not apply to any person who in goodfaith has acquired the said article or has acquiredrights in respect of the article, and who has nothimself comm itted patent infringement.

(2) Under very special circumstances, thecourt may, notwithstand ing the provisions insubsection I hereof and when so clai med, grantpermission to dispose free ly of the produ cts, ap­paratuses, tools and other articles referred to insubsection I hereof dur ing the term of the patentor part of that term aga inst a reasonable compen­satio n and on reasonable conditions in other re­spects.

Section 60

(I) If any person exploits an inve ntion com­mercia lly without permission afte r the files ofthe applicatio n have been made available to thepublic, and the application result s in a patent, theprovisions concerning patent infringement, withthe exce ption of section 57 of this Act, shall ap­ply mutatis mutandis. The protection conferredprior to grant of patent shall, however, only ex­tend to subjec t-matter disclosed both in theclaims as worded at the time when the applic a­tion was made available to the publ ic and in thepatent as granted or maintained in amended formunder sec tion 23 (3) of this Act.

(2) The person concerned shall only be liableto the extend referred to in section 58 (2) of thisAct to pay damages for injury caused by in­fringement committed prior to the advertisementof the gran t of a patent under section 20 of thisAct.

(3) Claims for damages under subsectionhereof shall not be statute-barred earlier thanyear after the grant of the patent.

Sec tion 6 1

In proceedings for patent infringement the in­validity of the patent may only be put in issue ifa claim for revocation is set up aga inst the pro-

16

prietor of the patent, possibly after the latter hasbeen summoned under the rules laid down insection 63 (4) of this Act. If the patent is re­voked, the provisions of sections 57 to 60 of thisAc t shall not apply.

Section 62

(I) Any person who, in the cases referred to insec tion 56 of this Act, fails to comply with hisobligations or give s false information shall bepunished by a fine , provided that a severer pun­ishment is not provided for by other legislation,and shall be liable to compensate the injuryca used thereby to the extent this is found reason­able.

(2) The provi sions of section 57 (2) and (3) ofthis Act shall apply mutatis mutandis.

Section 63

(I) Any person who institutes proceedings forthe revocation of a patent, for the transfer of apatent or for the grant of a compulsory licenceshall at the same time notify the Patent Authorityaccordingly and by registered mail notify any li­censee who is entered in the Regi ster of Patentsand whose address is recorded in that Register ofthe proceedings. Any person reque sting admin­istrative re-examination of a patent shall at thesame time notify the said licensees to that effect.any licensee who wishe s to institute proceedingsfor patent infringement shall in a similar way no­tify the proprietor of the patent of the proceed­ings , provided that the latter's address is record­ed in the Register.

(2) If the plaintiff, or the per son who has re­quested an administrative re-examination, doesnot prove on the day on which the case come s upfor trial or when a request for re-examination isfiled that notification under subsection I hereofhas been effected, the court or, in case of a re­quest for re-examination, the Patent Authoritymay fix a time limit for compliance with the re­quirements of subsection I hereof. If the saidtime limit is not observed, the case shaH be dis­missed.

(3) In proceedings for patent infringementbrought by the propri etor of the patent the de­fend ant shall notify the Patent Authority and reg­istered licensees in accordance with the ruleslaid down in subsection I hereof, ifhe intends toclaim revocation of the patent. The provisions in

subsection 2 hereof shall apply, mutatismutandis so that the claim for revocation shall bedismissed, if the time limit which has been fixedis not observed.

(4) In proceedings for patent infringementbrought by a licensee, the defendant may sum­mon the proprietor ofthe patent to attend withoutregard to his venue in order to claims against himthat the patent be revoked. The provisions of Part34 of the Administration of Justice Act shall ap­ply mutatis mutandis.

Section 64

(1) The legal proceedings listed below shall bebrought in the High Court as the court of first in­stance :

(i) proceedings concerning the right to an in­vention which is the subject-matter of an ap­plication for a patent,

(ii) proceedings concerning the grant of a pat­ent, cf. section 25 (3) of this Act.

(iii) proceedings for the revocation ofa patent orfor the transfer of a patent, cf. sections 52and 53 of this Act, and proceedings concern­ing rights under section 53 (2) of this Act,

(iv) proceedings concerning rights under sec­tions 4 and 74 (2) of this Act,

(v) proceedings concerning patent infringe­ment, and

(vi) proceedings for the assignment of a patentand proceedings concerning voluntary li­cences.

(2) Applicants and proprietors of patents whoare not residents of this country shall , in the pro­ceedings brought under this Act, be deemed tohave their venue in Copenhagen.

Section 64 a

(I) If the subject-matter ofa patent is a proces sfor the manufacture of a new product , the sameproduct shall , when manufactured by any otherperson than the proprietor of the patent, bedeemed to be manufactured on the basis of thepatented process , unless evidence to the contraryis submitted.

(2) In connection with the submission of evi­dence to the contrary, the defendant's justifiedinterest in protecting his manufacturing andbusiness secrets shall be considered.

17

Section 65

Office copie s of court decisions in the casesreferred to in sections 50 and 64 (1) of this Actshall be communicated to the Patent Authorityon the initiative of the court.

Part 10

Miscellaneous provisions

Section 667)

The Patent and Trademark Office may invitethe patent holder to appoint an agent residing inthe European Economic Area (EEA) to receiveservices and other notifications as to the patenton his behalf. The name and address of the agentshall be entered in the Register of Patents.

Section 67

(I) Appeal s from the decisions of the PatentOffice under sections 44, 53 d, 53 e, 72 (1) and(2) , 73 and 96 of this Act may be filed by the ap­plicant, the proprietor of the patent or the personwho has requested an administrative re-exami­nation or the termination of the patent with thepatent Board of appeal not later than 2 monthsafter the date on which he was notified of the de­cision. Other parties interested in the said deci­sion may file a similar appeal not later than 2months after the advertisement of the decision.

(2) The fee prescribed for the appeal shall bepaid within the time limit referred to in subsec­tion 1 hereof. Failure to do so shall cause the ap­peal to be dismissed.

(3) The provisions in section 25 (2) to (4) shallapply mutatis mutandis.

Section 68

(I) The Minister for Business and Industryshall fix the amounts, etc . of the fees providedfor in this Act and of handling fees, etc.

(2) As far as renewal fees are concerned, theMinister for Business and Industry may directthat one or more of the first fee years shall be ex­empt from fees.

Section 69

(I) The Minister for Business and Industryshall lay down further provisions concerningpatent applications and their examination, con-

cerning the examination of oppositions, admin­istrative re-examination , reestablishm ent, waiv­er of patents, concerning the arrangement andkeeping of the Register of Patents, con cernin gthe publication and contents of the Danish PatentGazette, concerning exchange of electronic datawith the Patent Authority and concerning theprocedures of the Patent Office. It may thus beprescribed that the records of the Patent Author­ity relating to applications filed shall be ava ila­ble to the publ ic. The Minister for Business andIndustry may lay down specific rules concerningthe days on which the Patent Office shall beclosed.

(3) The Minister for Business and Industrymay furthermore direct that, at the request of thePatent Authority and within a time limit fixed bythat Authority, any applicant who in any count ryhas filed a corresponding application for a patentshall furnish information about the result of theexamination as to the patentabilit y of the inven­tion which has been communicated to him by thepatent auth ority of that country and transm it acopy of the correspondence with the said author­ity. However, no obligation to furnish inform a­tion may be prescribed in respect of any applica­tion referred to in Part 3 of this Act which hasbeen the subject of an internati onal preliminaryexamination on which a report has been filedwith the Patent Authority.

Section 70

For inve ntions relating to war material or proc­esses for the manu facture of war materi el, secretpatents may be granted in acco rdance with thespecial provisions laid down to that effect.

Section 71

(1) The Patent Office may on requ est under­take the perform ance of special tasks in the na­ture of technological service.

(2) The Minister for Business and Industryshall lay down rules governing that service andthe payment therefor.

(3) Excep t for Section 4 (2) the Act on PublicAccess to Documents in Admini strative Filesshall not apply to the tasks mentioned in ( I) .

Sec tion 72

(I) If, apart from the cases referred to in sub­section 2 hereof, the non-observance of a time

18

limi t vis-a-vis the Patent Authority prescribed byor provided for in this Act causes a loss of right sto an applicant who has taken all due care rea­so nably required , the Patent Authority shall onrequ est re-establi sh his rights. Th e request shallbe filed with the Patent Authority within 2months from the remov al of the obstacle causingnon-observance of the time limit though not laterthan I year after the expiry of the time limit. theomitted act shall be completed and the fee pre­scribed for the re-establishment of rights shall bepaid within the same time limit s.

(2) The provisions of subsection I hereof shallapply mutatis mutandis, if an applicant or a pro­prietor of a patent has not paid a renewal feewith in the time limit prescribed in section 41 (3)or section 42 (3) of this Act provided that the re­que st for re-establi shment of rights is filed andthe renewal fee is paid not later than 6 months af­ter the expiry of the time limit.

(3) The provision s of subsection I hereof shallnot apply to the time limit referr ed to in section6 ( I) of this Act.

Section 73

(1) If, in the cases referred to in sec tion 31 ofthis Act, the applicant has availed himself ofmail ing, and the mail is not received in due time ,but the act is completed within 2 months after thedate on which the applicant noti ced or shouldhave noticed that the time limit was exceededand not later than I year after expiry of the timelimit, the Patent Authority shall re-establi sh therights, provided that(i) within 10 days preceding the expiry of the

time limit the postal serv ice was interruptedon acco unt of war, revolution, civil disorder,strike, natural calamity or other like reasonin the locality where the sender is stay ing orhas his place of business, and the mailin g tothe Patent Authority is effe cted within 5days after the resumption of the postal serv ­ice, or

(ii) the mail ing was effected by registered mailto the Patent Authority not later than 5 daysprior to the expiry of the time limit thoughonly if the mailing was effected by airmail,where possible, or if the sender had eve ryreason to believe that surface mail would notarrive later than 2 days after the date of mail­ing.

(2) If the applicant wishes to have his rights re-

establ ished under subsec tion I hereof, he shallfile a requ est to that effect wi th the Patent Au­thor ity before expiry of the time limit referred to.

Sec tion 74

(1) Wh en a requ est under sections 72 or 73 ofthis Act has been accepted and, in consequence ,a patent appli cation wh ich has been shelved orrefused after having been made ava ilable to thepubl ic shall be furt her processed, or a lapsed pat­ent shall be rega rded as maintained, a notice tothat effect shall be publ ished.

(2) Any person who, afte r expiry o f the timelimit laid down for the resumption of proceed­ings in respect of a shelve d applicat ion or afterrefusal of the application or after adve rtisementof the lapse of the patent , but prior to the publi ­cation of the notice under subsec tion I hereof, ingoo d faith has co mmence d a commercia l exploi­tation of the inventi on in this country or madesubstantia l preparations for such ex ploitation,may con tinue the exploitation reta ining its ge n­eral character.

(3) Th e right provided for in subsec tion 2 here­of shall only be transferred to others togetherwith the business in which it has arisen or inwhich the exploitation was intend ed.

Sec tion 74 a

If the Mini ster for Business and Indust ry trans­fers his authority under this Act to the Patent Of­fice, the Min ister may lay down rules co ncern ingthe right of appea l inc luding rules to the effectthat appea ls may not be brought before any high­er administrative autho rity.

Part 10 A

Europea n patents

Section 75

(1) A "E uropea n patent" is a pate nt that hasbeen granted by the European Paten t Office pur­suant to the European Patent Conve ntio n done atMunich on 5 October 1973. A Europea n patentapplication is an applica tion filed in accordancewith that Co nvention.

(2) European patent s may be granted for Den­mark .

(3) An application for a European patent shall

19

be filed with the Europea n Patent Office, cf.However, the pro visions laid down in sec tion 70o f this Act for sec ret patent s. An applica tion fora European patent may also be filed with the Pat­ent Authority of thi s country which shall forwardthe application to the European Patent Office.Th e appli cations referr ed to in Article 76 of theCo nve ntion sha ll onl y be filed with the Europea nPatent Office .

(4) The Provision s of sec tions 76 to 90 of th isAc t shall apply to Europea n paten ts for Denm arkand to Euro pean patent app lica tions designatin gDenm ark.

Sec tion 76

A Europea n patent sha ll be conside red grantedwhen the European Patent Offi ce has publi shedits decision to that effect. A European patentsha ll have the same effect as a patent gra nted bythe Patent Authority o f this country and shall besubject to the same provisions as such a patentun less otherwise prov ided for in sec tions 77 to90 of this Act.

Sec tion 77

(1) A Europea n patent sha ll only have effec t inthi s co untry provided that the applicant withinthe prescribed tim e limit files with the PatentAuthority of this country a Dan ish translation ofthe tex t in which the patent , according to thecomm unicat ion by the European Patent office tothe applicant, is intended to be gra nted, and theapplicant within the same time limi t pays theprescribed publicat ion fee. If the Europea n Pat­ent Office decides to maint ain a Europea n patentin amended form , this shall also apply to theamended form .

(2) Th e trans lation shall be ava ilable to thepubli c. The translat ion shall, however, not beavai lable to the public, until the Europea n patentapplication has been published by the EuropeanPatent office,

(3) Whe n the trans lat ion has been filed and thefee paid , and the Euro pea n Patent Office haspublished its dec ision to let the patent applica­tion proceed to grant or to main tain the Europea npatent as amended, the Patent Authority of th isco untry sha ll publish a notice to that effec t. Co p­ies of the translat ion shall be obtainable from thePatent Authority without delay.

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Section 78

(1) The provisions of section 72 (I) of this Actshall also apply to the filing of the translationand payment of the fee pursuant to section (I) ofthis Act.

(2) Ifit is decided pursuant to section 72 of thisAct that the tiling of the translation and paymentof the fee in compliance with section 77 (I) ofthis Act are to be considered duly made, the Pat­ent Authority of this country shall publish a no­tice to that effect.

(3) Any person who, after expiry of the timelimit laid down in section 77 (I) of this Act, butprior to the publication of the notice prescribedin subsection 2 hereof, in good faith has com­menced a commercial exploitation of the inven­tion in this country or made substantial prepara­tions for such exploitation shall have the rightsprovided for in section 74 (2) and (3) of this Act.

Section 79

The provision of section 52 (I) (iv) of this Actshall apply to European patents provided that ex­tension has taken place after the patent has beengranted.

Section 80

If the European Patent Office revokes a Euro­pean patent wholly or partially, it shall have theeffect as had the patent been revoked to the sameextent in this country. The Patent Authority ofthis country shall publish a notice to that effect.

Section 81

(1) For a European patent a renewal fee shallbe paid to the Patent Authority of this country foreach fee year following the year in which the Eu­ropean Patent Office has published its decisionto let the patent application proceed to grant.

(2) If the renewal fee for the European patentis not paid pursuant to subsection I hereof, cf.Section 41 of this Act, section 51 of this Actshall apply mutatis mutandis. With regard to thefirst renewal fee, it shall not fall due until 3months after the date on which the patent isgranted.

Section 82

(1) A European patent application for whichthe European Patent Office has fixed a filing date

shall from that date have the same effect in thiscountry as an application filed in this country. Ifthe application claims priority pursuant to theEuropean Patent Convention from an earlier datethan the filing date, such priority shall also applyin this country.

(2) A European patent application shall bedeemed to have been covered by Section 2 (2),second clause when the designation fee for Den­mark has been paid under Article 79 (2) of theEuropean Patent Convention. The same shall ap­ply to publication under Article 158 (I) of theConvention provided that such publication bythe European Patent Office is considered equiv­alent to publication under Article 93 .

Section 83

(1) When a European patent application hasbeen published in accordance with the EuropeanPatent Convention and the applicant has filed atranslation ofclaims of the published applicationin Danish with the Patent Authority of this coun­try, the Patent Authority of this country shallmake the translation available to the public andpublish a notice to that effect.

(2) Ifany person without permission commer­cially exploits an invention which is the subject­matter of a European patent application after thepublication of a notice pursuant to subsection Ihereof and the application results in a patent forDenmark, the provisions concerning patent in­fringement shall apply. In such cases the patentprotection shall, however, not apply and like­wise the person concerned shall only be liablefor damages to the extent referred to in section58 (2) of this Act.

(3) Claims for damages under subsection 2hereof shall not be statue-baffed earlier than Iyear after the time limit for oppositions againstthe European patent has expired or after the Eu­ropean Patent Office has decided to maintain thepatent.

Section 84

(1) If a European patent application or the des­ignation of Denmark is withdrawn or the appli­cation or designation is deemed to be withdrawnin accordance with the European Patent Conven­tion and the processing of the application is notresumed pursuant to Article 121 of the Conven­tion, this shall have the same effect as the with-

drawal of an appli cation before the Patent Au­thority of this country.

(2) If a Europ ean patent application is refused,it shall have the same effect as if the applicationhad been refused by the Patent Authority of thiscountry.

Section 85

(1) If the translations referred to in sec tions 77and 83 of this Act do not comply with the text inthe language of the proceedings before the Euro­pean Patent Offi ce, the patent protection sha llonly extend to subject-matter disclosed in bothtexts.

(2) In revocation proceedings only the text inthe language of the proceedings shall apply.

Section 86

(1) If the applicant or the propri etor of the pat­ent files with the Patent Authority of this countrya correction to the tran slation referred to in sec­tion 77 of this Act , and if he pays the prescrib edpublication fee, the corrected transl ation shall re­place the previous tran slation . The correctiontranslation shall be available to the public pro­vided that the original translation is available tothe public. When such correction has been filed,and the fee has been duly paid , the Patent Au­thority of this country shall publi sh a noti ce con­cerning the corre ction provided that the originaltranslation shall be obtainable from the PatentAuthority of this country without delay.

(2) If the applicant files a correction to thetranslation referred to in section 83 of this Act,the Patent Authority of this country shall publ isha notic e to that effect and shall make the correc t­ed tran slation available to the public . When thenotice has been published, the corrected tran sla­tion shall replace the original tran slation.

(3) Any person who , at the time the correc tedtransl ation took effect, in good faith commer­cially exploited the inve ntion in this country insuch a matt er that acc ording to the previou stranslation it did not infrin ge the right s of the ap­plicant or the proprietor of the patent, or hadmade substantial preparations for such exploita­tion, shall have the right s provided for in sec tion74 (2) and (3) of this Act.

Sec tion 87

(1) If the European Patent Offi ce re-establ ish-

21

es the right s for a patent applicant or a proprietorofa patent who has failed to observe a time limit,such decision shall also apply in this country.

(2) Any person who , after loss of right s has oc­curred, but prior to the re-establi shment of therights and publ icat ion ofa notice to that effect bythe European Patent Offi ce, in good faith com­menced comm ercial exploitation of the inven­tion in this country, or has made substantia lpreparation s for such exploitation, shall have therights provided for in section 74 (2) and (3) ofthis Act.

Section 88

(1) If an application for a European patentfiled with a national patent authority is deemedto be withdrawn due to the fact that the EuropeanPatent Offi ce did not receive the applicationwithin the prescribed time limit, the Patent Au­thority shall at the request of the applicant regardthe application as con verted into an applicationfor a patent in this country, provided that(i) the reque st is filed with the national authori­

ty which received the application within 3months after the applicant has been notifiedthat the application is deemed to be with­drawn ,

(ii) the reque st is filed with the Patent Authorityof this country within 20 months after the fil­ing date of the application or , if priority hasbeen claimed , after the priority date, and

(iii) the applicant within a time limit to be fixedby the Mini ster for Business and Industrypays the prescribed appli cation fee and filesa translation of the applicat ion in Danish.

(2) Provided that the patent applicat ion com­plie s with the requirements of the European Pat­ent Convention with regard to form , the applica­tion shall be accepted in that respect.

Sec tion 89

The provisions of Articles 9, 60, 126 and 13 1of the European Patent Convention and the Pro­tocol on Jurisd ict ion and the Recognition of De­cisions in respect of the Right to the Grant of aEuropean Patent (Protocol on Recognition) an­nexed to the Convention shall apply in this coun­try .

Sec tion 89 a

The provisions of this Act regarding deposit of

22

biological material shall not apply to Europeanpatents.

Section 90

The Minister for Business and Industry shalllay down further rules for the implementat ion ofthe European Patent Convention and the imple­mentation of the provisions of this Part of theAct.

Part 10 B

Supplementary Protection Certificates

Section 9 1

(1) The Minister of Business and Industry maylay out rules which are necessary for the applica­tion in this Country of the European Co mmuni­ty' s regulations concerni ng the implementatio nof supplementary protection certificates.

(2) The Minister for Business and Industryshall fix the amounts, etc., of fees for f ling of anapplication for a cert ifica te, for resumption ofthe examination and further processing ofan ap­plication, for re-establishm ent of rights, for ad­ministrat ive re-examination, for the bringing ofappeals before the Patent Board of Appea l andfor the individual fee years.

(3) Sectio n 57 of this Order concern ing crimi­nall iabili ty for patent vio lation similarly appliesto vio lation of the exc lusive right which is a con­sequence of a protection certificate as dealt within subsection I.

(4) The Minister for Business and Industrymay succeeding negotiations with the Faroe Is­lands and Greenland's home Rule lay down pro­visions on the regulations mentioned in subsec­tion I concerning certificates to be applicab le onthe Faroe Islands and Greenland.

Pa r t 10 c

Community patents, etc.

Section 92

(1) A "Community patent" is a patent that hasbeen granted by the Europea n Patent Office ac­cording to a European patent app lication, cf.Section 75 ( I) of this Act pursuant to the Com­mun ity Patent Convention laid dow n in the

Agreement relating to Community Patent s, doneat Luxembourg on 15 Decemb er 1989.

(2) Community patent s may be granted forDenmark.

Section 93

(1) The provisions in the Agreement relatingto Community Patents shall in this country applyto Community patents and applications for suchpatents.

(2) The Min ister for Business and Industryshall adve rtise the provisions laid down by theindivid ual countries pursuant to Article 83 in theCo mmu nity Patent Convention.

Section 94

Sec tions 75 (3), 80, 82, 84, 87 and 88 of thisAc t shall app ly mutatis mutandis to Communitypatents and to applicatio ns for such patents.

Section 95

Rights under Article 32 ( I) of the CommunityPatent Convention shall on ly be accorded to ap­plicants for Com munity paten ts who have eitherforwa rded a Danish translation of the claimswhich have been adve rtised to the Patent Au­thority, or who have forwarded such translationto the person exploiting the invention in thiscountry.

Section 96

(1) If a patent gra nted by the Patent Authorityconcerns an invention for which a Com munitypatent or a Euro pean patent for Denmark hasbeen issued to the same inventor or to his succes­sor in title, with the same date of application or,if priority has been claimed, with the same dateof priority, the patent granted in this country un­der Article 75 ( I) and (2) of the Community Pat­ent Convention according to the decision of thePatent Authority or by court decision shall beterminated, wholly or part ially, provided that arequest is made or proceed ings are instituted tothat effect.

(2) Any perso n may request a decision by thePatent Authority or institute proceedings for ter­minatio n, wholly or partially, of a patent undersubsec tion I hereof. Sections 53 a to f, 55, 55 a,63, 64 and 65 of this Act shall apply mutatis

mutandis. The request shall be acco mpanied bythe prescr ibed fee.

(3) Proceedings instituted concerning term ina­tion while a request in this respect has not beenfinally exa mined by the Patent Authority, maybe suspended by the court until a fina l decisionhas been made by the Patent Authority.

Section 97

The Mini ster for Business and Industry shalllay down further rules for the implementation ofthe? provisions of this Part of the Act.

Part 11

Provisions as to entry intoforce and transitionalprovision

(1) This Act shall enter into force on I January

23

1968. At the same time, The Patents Act, cf.Conso lidate Act No. 36 1 of 19 December 1958sha ll be repealed. Furthermore, section 4 of theDan ish Employee's Invent ions Act No . 142 of29 April 1955 shall be repealed.

(2) Patents for inventions of food products andmedici nal products and patent s for processes forthe manu facture of food productssupersc ript shall, however, not be granted untilafte r a date to be fixed by the Minister for Busi­ness and Industry .

2. A patent whic h has been granted or will begranted under previous legislation shall only berevoked in acco rdance with the provisions ofsec tion 24 of the previous Patents Act.

The Ministry ofBusiness and ln dustry. I t) August 2001

OLE ST A VAD

/ Moge ns Kring

"

2)

J)

4)

S)

6)

7 )

This Consolida te Patent s Act contains comme nts on entry into force and transitional provi sion s adopt ed durin g the 1999­2000 and 2000 -200 I sittings of the Folketin g. Provisions as to entry into force and transitional pro vision s conce rn ing ear­lier ado pted amendm ent s o f the PatentsAct are to be found i The Conso lidate Patents Act No. 926 of22 September 2000 .The amendments in consequence of act on amendment o f the Patent s Act and the Trade Mark s Act no. 1258 of 20 De­cember 2000 menti oned below do not apply to The Faeroes and Greenland. Th ey ma y, however, come into force by RoyalDecree for these parts of the country with the deviancies dictated by the specific Faeroese and Green land conditi ons.§ 12 in the wording here stated entere d into force on I January 200 I, cf. Act no. 1258 01'20 December 2000.§ 53 a in the wordi ng here stated entered into force on I Janu ary 200 1, cf. Act no. 1258 of20 December 2000 .§ 53 b in the wording here stated entered into force on I January 200 I, cf. Act no. 1258 of 20 December 2000 .Requestsfor re-exam ination o f a patent handed in before 1 Janua ry 200 I will be treated according to the rule s hitherto in force .§ 53 e in the wording here stated entered into force on I Janu ary 2001, cf. Act no. 1258 of20 December 2000 .§ 57 in the wording here stated entered into force on 1 Janu ary 200 1, cf. Act no. 1258 of 20 December 2000.§ 66 in the word ing here stated entered into force on 1 Janu ary 2001 , cf. Act no. 1258 of20 Decemb er 2000.