HOME > Reference Room[Other Reference Information] > Information on foreign industrial property systems > Table of Contents >

Chapter XI Translation of international applications, etc. 40. (1) The provisions of section 6(2) and (3) of this Order shall similarly apply with respect to the filing of a translation pursuant to section 20 of the Utility Models Act, and request for re-examination according to section 25(1) of the Utility Models Act. (2) The Patent Office may reduce the obligation to file a translation in cases where only part of an international application is proceeded with in this country. If translation of only part of an international application is filed, the applicant shall make a declaration from which it appears which parts of the international application are not included in the translation. The declaration shall also state the reason for leaving out the parts concerned. 41. (1) The time limit referred to in section 23 of the Utility Models Act shall expire 4 months after the expiry of the time limit prescribed in section 20 of the Utility Models Act. (2) If, however, the applicant within 19 months from the international date of filing or, if priority is claimed, from the priority date pursuant to the Patent Cooperation Treaty, has filed a declaration to the effect that the applicant intends to use the results of an international preliminary examination by applying for utility model protection for Denmark, the time limit referred to in section 23 of the Utility Models Act shall expire at the same time as the time limit of 32 months for proceeding with the application. 42. If, with respect to an international application, the applicant has complied with the provisions of section 20 of the Utility Models Act, but the Patent Office has not yet received notification from the International Bureau referred to in section 9 of this Order to the effect that the Bureau has received the application, the Patent Office shall notify the Bureau thereof. 43. (1) The time limit for presenting a request for a review under section 25(1) of the Utility Models Act shall expire 2 months after the date on which the receiving Office or the International Bureau referred to in section 9 of this Order has notified the applicant of such decision as referred to in section 38(1) of the Patents Act. (2) If the applicant proves that he has received the notification referred to in subsection 1 hereof later than 7 days after the date of the notification, the time limit shall be extended by as many days in excess of 7 as have passed from the date of the notification until the date on which the applicant received the notification. 44. (1) If, in the cases referred to in section 20 of the Utility Models Act, the applicant has availed himself of mailing, and the mail is not received in due time, but the act is completed within 1 month after the date on which the applicant realized or ought to have realized that the time limit was exceeded and not later than 6 months after the expiry of the time limit, the Patent Office shall pursuant to section 48 of the Patent Cooperation Treaty consider the time limit as met provided that: (i) within the 10 days preceding the expiry of the time limit the postal service was interrupted on account of war, revolution, civil disorder, strike, natural calamity or other like reason in the locality where the sender is resident, has his place of business or is staying, and it is proved that the mailing to the Patent Office is effected within 5 days after the resumption of the postal service, or (ii) the mailing was effected by registered mail to the Patent Office not later than 5 days prior to the expiry of the time limit, though only if the mailing was effected by airmail, where possible, or if the sender had every reason to believe that surface mail would not arrive later than 2 days after the date of mailing. (2) If the applicant wishes to invoke the provisions in subsection 1 hereof, he shall file a request to that effect with the Patent Office within the expiry of the said time limit.

[Prev] [Next]

HOME > Reference Room[Other Reference Information] > Information on foreign industrial property systems > Table of Contents >