Renew a Danish patent validated through the European Patent Office (EPO):
If your patent is a European patent that was granted by the European Patent Office and then validated in Denmark, you can maintain the patent by paying an annual maintenance fee to the EPO. The first renewal fee of a patent application is due on the second anniversary of the patent's filing date and thereafter, renewal fees are due on an annual basis. Once a patent is granted by the EPO and validated in Denmark, the renewal fee is paid to the Danish Patent and Trademark Office (DKPTO). The rules that apply to a national Danish patent also apply to an EP patent in Denmark. For more information on renewal fees related to the EPO, please visit another one of our articles at this link, here.
For example, if the filing date of a patent is 2017-06-15, and the grant date is 2023-04-25, you will have to settle the renewal fee with the EPO starting from 2019-06-30 onwards until 2022-06-30. From 2023 onwards, you will have to settle the renewal fee with the Danish Patent and Trademark Office.
Renew a national patent with the Danish Patent Office:
In order to maintain a patent application in Denmark, a renewal fee must be paid to the Danish Patent and Trademark Office (DKPTO) on an annual basis. The first renewal fee of a patent application is due at the beginning of the patent's third filing date anniversary. The renewal fees in Denmark are always due on the last day of the month, in which the original filing date of the application falls.
For example, if the filing date of a patent is 2017-06-15, you will only have to settle the renewal fee on the last day of June starting from 2019-06-30 onwards.
In Denmark, there are other types of intellectual property. At PatentRenewal.com, we have all the necessary tools and procedures to ensure that both types can be renewed through us.
Intellectual Property Type #1 - Utility Models
A Danish utility model is valid for 10 years from the filing date of the application and is in force for three years from the filing date of the application. You can renew the utility registration twice: first, for three years and then for another four years. The renewal fees are due on the last day of the month, which is when the term of protection ends. If the renewal fee is not paid by the due date, the utility model will enter a grace period of 6 months. This gives you the time to still renew the utility model, however, the fee is higher.
Intellectual Property Type #2 - Designs
A Danish design is valid for 25 years from its filing date. Initially, a Danish design is protected for 5 years after which, it can be renewed every five years thereafter - up to a maximum of four renewals. In order to maintain the protection beyond the initial 5-year period, one will have to pay renewal fees three months prior to the end of the 5th year. Renewal fees are required with each registered design, even if these are designs of multiple applications. The renewal fees in Denmark will always fall on the last day of the month, and in this case, is when the term of protection ends. If the renewal fee is not paid by the due date, the design will enter a grace period of 6 months. This gives you the time to still renew the design, however, the fee is higher.
The patent renewal fees of a patent application are due at the beginning of the third anniversary from the filing date. For further clarification, please refer to the breakdown below.
National patent: The first renewal fee of a patent application is due at the beginning of the third anniversary year from the filing date.
For example, if the filing date of a patent is 2017-06-15, you will only have to settle the renewal fee on the last day of June starting from 2019-06-30 onwards.
Danish patent validated through the European Patent Office (EPO): The first renewal fee of a patent application is due on the second anniversary of the patent's filing date and thereafter, renewal fees are due on an annual basis. Once a patent is granted by the EPO and validated in Denmark, the renewal fee is paid to the Danish Patent and Trademark Office (DKPTO).
For example, if the filing date of a patent is 2017-06-15, and the grant date is 2023-04-25, you will have to settle the renewal fee with the EPO starting from 2019-06-30 onwards until 2022-06-30. From 2023 onwards, you will have to settle the renewal fee with the Danish Patent Office.
National patent: Prior to the grant, the Danish patent application is in it’s filing stage. You will have to pay the renewal fee to the Danish patent office irrespective of whether the patent has been granted or not. The first renewal fee of a patent application is due on the third anniversary of the filing date.
Danish patent validated through the European Patent Office (EPO): Prior to the grant, the patent application is in its filing stage with the EPO. You can only begin paying the renewal fees to the EPO from the second anniversary of the patent's filing date and thereafter, renewal fees are due on an annual basis. However, once the patent has been granted and validated in Denmark, the renewal fee is thereafter paid to the Danish Trademark and Patent Office (DKPTO).
National patent: The payment window in Denmark opens three months before the renewal fees are due. It is important to note that the renewal fees cannot be settled prior to this window opening. This rule is applicable to both national patents as well as to an EP patent in Denmark.
For example, if the renewal due date of a patent is 2017-06-30, you will only have to settle the renewal fee starting from 2019-04-30 onwards.
National patent: Yes, it is possible to renew a Danish patent after its deadline. If you fail to pay the renewal fee in due time, the patent will move into a 6-month grace period whereby, the renewal fees can still be settled. However, when entering a grace period, you will incur an increase of 20% to that of the original renewal fees. If you wish to maintain the patent, the (new) total renewal fee will have to be settled within the given 6-month timeframe.
It is not mandatory to make use of a local agent or representative when renewing a patent in Denmark. If you choose not to, you can pay for the renewal by proceeding with a bank or online transfer to the Danish Patent and Trademark Office’s (DKPTO) account. The payments must indicate the patent application number.
In order to maintain a Danish patent, renewal fees need to be settled annually with the DKPTO. By settling the renewal fees, the patent is guaranteed to last for a maximum of 20 years from the filing date. This rule is applicable to both national patents as well as to an EP patent in Denmark.
