Comparative Guides
Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.
Our Comparative Guides provide an overview of some of the key points of law and practice and allow you to compare regulatory environments and laws across multiple jurisdictions.
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Results: 4 Answers
Patents
4.
Validity/post-grant review and/or opposition procedures
4.1
Where can the validity of an issued patent be challenged?
 
Denmark
The validity of a granted patent may be challenged in opposition proceedings before the Danish Patent and Trademark Office within nine months of publication of grant of the patent.

The validity of a granted patent may further be challenged before a district court or the Maritime and Commercial High Court in invalidation proceedings or as a counterclaim by the defendant in infringement proceedings.

For more information about this answer please contact: Morten Bruus from Accura Advokatpartnerselskab
4.2
How can the validity of an issued patent be challenged?
 
Denmark
Anyone can file an opposition with the Danish Patent and Trademark Office against a granted patent within nine months of publication of grant of the patent. The opposition must include the grounds for the challenge and the prescribed fee must also be paid.

Invalidity proceedings and declaratory proceedings may further be instigated before a district court or the Maritime and Commercial High Court by any party. A defendant may also claim invalidity of a patent in infringement proceedings.

For more information about this answer please contact: Morten Bruus from Accura Advokatpartnerselskab
4.3
What are the grounds to invalidate an issued patent?
 
Denmark
A granted patent may be invalidated on the following grounds:

  • The patent was granted even though it did not meet the patentability requirements set out in the Danish Patents Act (ie, lack of industrial application, lack of novelty and/or lack of inventive step);
  • The patent relates to an invention which has not been disclosed in a manner sufficiently clear to enable a person skilled in the art to carry out the invention on the basis of the description (ie, insufficient disclosure);
  • The subject matter of the patent extends beyond the contents of the application as filed; or
  • The scope of the protection conferred by the patent has been extended since the Danish Patent and Trademark Office notified the applicant of grant.
For more information about this answer please contact: Morten Bruus from Accura Advokatpartnerselskab
4.4
What is the evidentiary standard to invalidate an issued patent?
 
Denmark
According to the general principles of Danish law, the courts can consider evidence on its merits. There are no formal rules on evidentiary standards and the courts may therefore decide what emphasis to place on evidence produced by the parties.

In invalidity proceedings, the burden of proof rests with the party which is seeking invalidation of the patent. This party must provide conclusive evidence that the patent should be invalidated; a mere probability or presumption of invalidity is usually insufficient to meet the burden of proof.

For more information about this answer please contact: Morten Bruus from Accura Advokatpartnerselskab
4.5
What post-grant review or opposition procedures are available for third parties to challenge the validity of a patent?
 
Denmark
Any party is entitled to file an opposition with the Danish Patent and Trademark Office against a granted patent. Any party is also entitled to request the Danish Patent and Trademark Office to re-examine a patent granted by the Danish Patent and Trademark Office (or granted with effect for Denmark), based on the grounds for revocation.

For more information about this answer please contact: Morten Bruus from Accura Advokatpartnerselskab
4.6
Who can oppose a granted patent?
 
Denmark
Any party is entitled to file an opposition with the Danish Patent and Trademark Office. Court proceedings on the grounds that a patent is invalid may also be brought by any party.

For more information about this answer please contact: Morten Bruus from Accura Advokatpartnerselskab
4.7
What are the timing requirements for filing an opposition or post-grant review petition?
 
Denmark
An opposition must be filed with the Danish Patent and Trademark Office within nine months of publication of grant of the patent.

A request for re-examination may not be filed during the opposition period or while an opposition is pending; or while court proceedings concerning the patent are pending.

For more information about this answer please contact: Morten Bruus from Accura Advokatpartnerselskab
4.8
What are the grounds to file an opposition?
 
Denmark
An opposition may be filed only on the following grounds:

  • The patent was granted even though it did not meet the patentability requirements set out in the Danish Patents Act (ie, lack of industrial application, lack of novelty and/or lack or inventive step);
  • The patent relates to an invention which has not been disclosed in a manner sufficiently clear to enable a person skilled in the art to carry out the invention on the basis of the description (ie, insufficient disclosure); or
  • The subject matter of the patent extends beyond the contents of the application as filed.
For more information about this answer please contact: Morten Bruus from Accura Advokatpartnerselskab
4.9
What are the possible outcomes when an opposition is filed?
 
Denmark
The Danish Patent and Trademark Office may revoke a patent or maintain it unamended or in amended form.

If the Danish Patent and Trademark Office finds that the patent may be maintained in amended form and the patent holder agrees to this, the patent specification will be amended accordingly once the patent holder has paid the prescribed fee for publication thereof.

If the patent holder does not agree to the amended form or does not pay the fee for publication of a new patent specification in due time, the patent will be revoked.

For more information about this answer please contact: Morten Bruus from Accura Advokatpartnerselskab
4.10
What legal standards will the tribunal apply to resolve the opposition or challenge, and which party bears the burden of proof?
 
Denmark
According to the general principles of Danish law, the tribunal can consider evidence on its merits. There no formal rules on evidentiary standards and the tribunal can therefore decide what emphasis to place on evidence produced by the parties.

In opposition proceedings, the burden of proof rests with the party which is seeking invalidation of the patent. This party must provide conclusive evidence that the patent should be invalidated; a mere probability or presumption of invalidity is usually insufficient to meet the burden of proof.

For more information about this answer please contact: Morten Bruus from Accura Advokatpartnerselskab
4.11
Can a post-grant review decision be appealed and what are the grounds to appeal?
 
Denmark
Decisions of the Danish Patent and Trademark Office may be appealed before the Board of Appeal for Patents and Trademarks by the patent holder or a party which has requested administrative re-examination within two months of notification of the decision. Other parties with an interest in the decision may similarly appeal within two months of publication of the decision.

For more information about this answer please contact: Morten Bruus from Accura Advokatpartnerselskab