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Chapter I Filing and recording of utility model applications 1. (1) Danish utility model applications shall be filed with the Patent Office. Application forms shall be provided free of charge. (2) International applications designating Denmark shall be filed with an authority or an international organization being the prescribed receiving Office under the Patent Cooperation Treaty. Provisions relating to the Patent Office as receiving Office are found in sections 35 to 39 of this Order. (3) Unless otherwise provided, the provisions of this Order shall only apply to: (i) Danish utility model applications, (ii) international applications proceeded with under section 20 of the Utility Models Act or taken up for examination and other processing under section 25 of the Utility Models Act, and (iii) European patent applications converted into Danish patent applications under section 26 of the Utility Models Act. 2. (1) A Danish utility model application shall indicate: (i) the applicant's name or firm name, mailing address and, if the applicant is not represented by an agent, telephone and fax number, if any, and, if the applicant is represented by an agent, the latter's name or firm name, mailing address and telephone and fax number, if any, (ii) the creator's name and mailing address, (iii) a brief and factual title of the claimed creation, (iv) if utility model registration is applied for by several applicants jointly, whether one of the applicants shall be authorized to receive communications from the Patent Authority on behalf of all the applicants, (v) if priority is claimed under section 5 of the Utility Models Act, the information laid down in section 9 of this Order, (vi) if a patent application is used as a basis for a utility model application, cf. section 6 of the Utility Models Act, the information laid down in section 13(4) of this Order, (vii) whether the applicant requests postponement of registration under section 16(1) of the Utility Models Act, (viii) if the application comprises the deposit of a sample of biological material, cf. section 8 of the Utility Models Act, the information laid down in section 21, and (ix) the documents accompanying the application. (2) The documents accompanying the application shall include: (i) a description of the creation, including drawings or photos required for the understanding of the creation, utility model claims and an abstract, and (ii) if the applicant is represented by an agent, a power of attorney for the agent unless a power of attorney is given in the application. (3) The Patent Office may grant exemption from the requirement to provide a power of attorney. (4) The prescribed fee shall accompany the application. 3. (1) A Danish utility model application shall be accorded a filing date when the documents filed by the applicant include: (i) an indication that utility model registration is applied for, (ii) information concerning the applicant's name or firm name and mailing address, and (iii) a description, drawings or photos if referred to by the description, and one or several utility model claims. (2) If the application fee does not accompany the application, such fee shall be paid before expiry of a time limit laid down by the Patent Office. If the fee is not paid before expiry of the time limit, the application shall be regarded as not having been filed, and the filing date shall no longer apply. 4. A request for postponement of registration, cf. section 16(1) of the Utility Models Act, shall be made in the application. If the request is not made in the application, the applicant's right to postponement shall lapse. 5. (1) The applicant may ask the Patent Office to ensure that the application meets the requirements laid down in section 3 of the Utility Models Act. Such request shall be accompanied by the prescribed fee. (2) A request according to subsection 1 may be put forward in the application or in a later separate letter. (3) Where a request according to subsection 1 is not accompanied by the prescribed fee it shall be refused. 6. (1) The application, description, utility model claims and abstract shall be in the Danish language. Other documents may be in Danish, Norwegian or Swedish. (2) If a document is drawn up in any other language than those prescribed in subsection 1 hereof, a translation shall be filed. For documents other than the description, utility model claims and abstract, the Patent Office may abstain from requiring a translation. The Patent Office may also abstain from requiring a translation of such parts of the description or utility model claims as are not included in the basic documents as defined in section 25 of this Order. The Patent Office may accept a translation into a language other than those referred to in subsection 1 hereof. The Patent Office may require that the translation be certified by a translator or in another specified approved manner. (3) The examination of whether the application complies with the conditions laid down in section 3 of the Utility Models Act may be made on the basis of a description, utility model claims and an abstract in Norwegian or Swedish language. In particular cases such an examination may be made on the basis of a description, utility model claims and an abstract in English language, if the applicant submits a request to that effect and pays the prescribed fee. In both cases the Danish Patent Office shall not require the translation referred to in subsection 2 of this Order until the applicant has been notified of the result of the examination. 7. (1) The description, utility model claims, abstract, drawings and photos shall be presented in a form suitable for reproduction. (2) These documents and their amendments shall be filed in the form prescribed by the Patent Office. 8. (1) The Patent Office shall keep a record of utility model applications filed. (2) In the record, the following data shall be entered for each application: (i) the number of the application, (ii) the classes of the application according to the international patent classification system, (iii) the applicant's name or firm name and mailing address, (iv) if the applicant is represented by an agent, the name or firm name and mailing address of the agent, (v) the creator's name and mailing address, (vi) the title of the creation, (vii)a) if the application is a Danish utility model application, the date of filing of the application and the effective date of the application if different from the date of filing, b) if the application is an international application, the international date of filing and the date on which the application was proceeded with under section 20 of the Utility Models Act or is deemed to have been filed under section 25(2) of the Utility Models Act, and the number of the international application, or c) if the application is a converted European patent application, the number of the European patent application, its date of filing under the European Patent Convention and the date on which the European patent application was converted into a Danish utility model application, (viii)a) if the application is made on the basis of a Danish patent application under section 6 of the Utility Models Act, the date of filing and number of the patent application, b) if the application is made on the basis of an international application under section 6 of the Utility Models Act, the number of the international application, the international date of filing and the date on which the application was proceeded with under section 31 of the Patents Act or is deemed to be filed under section 38 of the Patents Act, and the number of the Danish patent application, c) if the application is made on the basis of a European patent application under section 6 of the Utility Models Act, the date of filing of the European patent application under the European Patent Convention and its number, or d) if the application is made on the basis of a converted European patent application under section 6 of the Utility Models Act, cf. section 88 of the Patents Act, the number of the European patent application, its date of filing under the European Patent Convention, and the date on which the European patent application was converted into a Danish patent application, and the number of the Danish patent application, (ix) if priority is claimed under section 5 of the Utility Models Act where the application serving as a basis for claiming a right of priority has been filed and the date of filing and number of such application, (x) if the application is made on the basis of division or excision, the number of the parent application, (xi) if the application comprises the deposit of a sample of biological material, information concerning the institution at which the sample has been deposited and the number which the deposited sample has been accorded by the institution, (xii) whether the applicant has requested an examination, cf. section 12(2) of the Utility Models Act, (xiii) where new applications result from diversion of or excision from the application, information to that effect and indication of the numbers of those applications, (xiv) whether the applicant has requested postponement of registration under section 16(1) of the Utility Models Act, (xv) if the application has been made available to the public under section 16(3) of the Utility Models Act, the date thereof, (xvi) communications received and fees paid in respect of the application, and (xvii) notifications and communications sent in respect of the application. (3) The information referred to in subsection 2 hereof shall be available to the public when the application has been made available to the public under sections 16 and 22(3) of the Utility Models Act.

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