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Chapter III Patent applications used as a basis for utility model applications 13. (1) A patent application for Denmark may be used in whole or in part as a basis for a utility model application relating to the same creation in up to 10 years with effect from the date of filing of the patent application, or with effect from the date which is deemed to be the date of filing. A patent application for Denmark shall mean: (i) a Danish patent application, (ii) an international application proceeded with respect to Denmark under section 31 of the Patents Act, or taken up for examination and processing under section 38(3) of the Patents Act, (iii) a European patent application in respect of which the European Patent Authority has fixed a filing date under the European Patent Convention, and in which Denmark has been designated, or (iv) a European patent application which has been converted into a Danish patent application under section 88 of the Patents Act. (2) If a patent application under subsection 1 hereof is used as a basis for a utility model application, the utility model application shall be accorded the same date of filing as the one applying to the patent application. A request for priority for the patent application shall also apply to the utility model application without a separate request having to be made. (3) If an applicant wishes to use a patent application as a basis for a utility model application, the applicant shall, not later than 2 months after the patent application has been shelved without a possibility of being resumed or has been finally refused by the Patent Authority, file a utility model application with a request to that effect. Such request shall be made at the same time as the filing of the utility model application. (4) A request under subsection 3 hereof shall state the nature of the patent application to form the basis for a utility model application, cf. subsection 1(i) to (iv) hereof, as well as the date of filling of the patent application or the date deemed as the filing date, and the number of the application. (5) Failure to make a request under subsection 3 hereof in time shall cause the right to use the patent application as a basis for the utility model application filed to lapse. 14. (1) If an application has been claimed as referred to in section 13(1)(iii) of this Order, the basis for the request shall be documented by filing a certificate from the European Patent Authority stating the date of filing of the application, the applicant's name or firm name and whether the application designates Denmark. Moreover, a copy of the application certified by the authority mentioned shall be filed. (2) Where the claimed patent application is in a foreign language other than those stipulated in section 6(1), section 6(2) and (3) of this Order shall similarly be applicable, unless the utility model application by this time represents the translation of the foreign patent application. (3) Failure by the applicant to file the documentation referred to in subsection 1 hereof or a translation under subsection 2 hereof shall cause the right to use the patent application as a basis for the utility model application filed to lapse.

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