How can you obtain a patent?

A patent can be obtained in several ways. Which way to use depends on the actual circumstances, including the inventor's wishes and the nature of the invention. It is possible to file a national, a European and an international patent application.

Patents with validity in Denmark can be obtained either by filing a written application to the Danish Patent & Trademark Office or through the European patent authority EPO. According to Danish law the time of protection is the time of application. The terms of validity are the same for both patent authorities. First of all the name of the inventor has to be stated, and the application shall contain a patent description so clear, plain and efficient that people in the trade can carry out the invention once the patent is no longer valid. Furthermore, the inventor has to put forward one or more patent claims which is very important since the scope of the patent protection and thus also the object for which you apply exclusive right is defined. Finally, a summary needs to be made which provides the authorities with an overview of the content of the patent. If the patent authority accepts the patent after the procedural and substantive examination a patent letter is issued and the patent is published. The publication principle implies that the patent application is published 18 months after the filing of the application so that everybody with an interest can obtain knowledge of the invention. This is of crucial importance to the novelty issue and thus the patent protection. Competitors and other parties have the possibility of filing an opposition within 9 months from the publication of the patent. With regard to an appeal cases can be brought before the Appeal Board for Patents and Trademarks and the high courts.

The European application - EPK application - is filed with the Patent and Trademark Office or EPO. An actual EU patent is not obtainable and the application therefore has to be filed in Denmark and one or more European countries.

An international patent application also has to be filed with the Patent and Trademark Office. In order to file this kind of patent application you need a patent in Denmark or in one or several countries outside Europe.

In case two applications regarding the same invention is filed on the same day it have the result that joint patent right is obtained. Should there be more inventors to an invention all inventors have to have made an independent effort in order to be considered an inventor. The inventors also have to agree on all essential dispositions unless otherwise agreed.

If an application for patent is filed in several countries it might cause difficulties with regard to the novelty issue, as the first application might be novelty-defeating for the latter. In this case a 12 month deadline applies under which other applications are considered to be filed at the same time as the first application.