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Chapter X The Patent Office as receiving Office for international applications 35. (1) The Patent Office is the receiving Office for international applications from applicants who are Danish nationals and applicants who are residents of Denmark or have a commercial establishment in Denmark or who are legal entities recognized according to Danish law. (2) If an international application is filed by several applicants, and if at least one of the applicants complies with the conditions referred to in subsection 1 hereof, that subsection shall apply with respect to the filing of the application. (3) An applicant who is not a resident of this country shall have an agent residing in this country to represent him before the Patent Office in all matters concerning the application. 36. (1) In its capacity as receiving Office, the Patent Office shall receive, check and transmit international applications in accordance with the Patent Cooperation Treaty and its Regulations. (2) The applicant shall pay the prescribed fee for the application to the Patent Office in its capacity as receiving Office. The fee consists of: (i) the basic fee referred to in Rule 15(1) of the Regulations under the Patent Cooperation Treaty, (ii) the designation fee referred to in Rule 15(1) of the said Regulations, (iii) the confirmation fee referred to in Rule 15(5) of the said Regulations, (iv) the search fee referred to in Rule 16(1) of the said Regulations, and (v) the fee for the Patent Office's handling of the application as receiving Office (the transmittal fee) referred to in Rule 14 of the said Regulations. (3) As far as the fees referred to in subsection 2(i), (iv) and (v) hereof are concerned, the application fee shall be paid within 1 month from the receipt of the application. The fee referred to in subsection 2(ii) hereof shall be paid within 1 year from the international date of filing of the application or, if priority is claimed, from the priority date, provided always that in the latter case the fee may be paid within 1 month from the receipt of the application. The fee referred to in subsection 2(iii) hereof shall be paid within 15 months from the international date of filing of the application or, if priority is claimed, from the priority date. (4) If the application fee has not been paid in due time, or has been paid in an insufficient amount at the expiry of the time limit, Rule 16bis of the said Regulations shall apply. 37. (1) The International Searching Authority performing the international search of the applications referred to in section 35(1) shall, at the applicant's discretion, be the Swedish Patent Authority or the European Patent Authority. The application shall be filed in a single copy in Danish, Swedish, Norwegian, English, German or French. The Swedish Patent Authority accepts applications in Danish, Swedish, Norwegian or English. The European Patent Authority accepts applications in English, German or French. The request form, however shall be in the language in which the application will be published later. (2) If the application is not in a language accepted by the chosen International Searching Authority, cf. subsection 1, a translation into such a language shall be filed with the Patent Office within a month from the date of receipt in accordance with rule 12.3 of the Regulations under the Patent Cooperation Treaty. 38. A separate record shall be kept of international patent applications filed with the Patent Office. The record shall not be open to the public. 39. Provided that the international application is not comprised by the Danish Secret Patents Act, the Patent Office shall, in accordance with the Patent Cooperation Treaty and its Regulations, transmit the application to the International Bureau referred to in section 9 of this Order.

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