Utility Models

– Consolidated Utility Model Act of January 29, 2019.
– Act on Unitary Patent Court of June 2, 2014 (not yet in force).


Applicant: the inventor or the legal successor (individual, firm, company, etc.).

Applicants not living in the country: may appoint a representative domiciled in the European Economic Area.

Protection of foreigners: foreigners enjoy the same rights as Danish citizens.

Naming of inventor(s): inventor’s name is published.

Novelty: as for “patents“.

Exceptions to protection: as for “patents“.

Priority: Convention priority of inventor’s certificate, patent or utility model applications can be claimed within twelve months from the filing date of the first application.

Territory covered: Denmark.

Filing requirements for an application (to be sent to resident agent):
1. Specification and drawings;
2. Power of attorney and copy of priority application on request only (the priority must be claimed on filing).

PCT applications: when designating Denmark in a PCT application, the applicant can apply for the grant of a patent and/or a utility model. Both the Chapter I time limit and the Chapter II time limit is 33 months (31 months for patents). In all cases, the translation can be submitted two months later against payment of a surcharge. This two-month difference between patent and utility model is interesting in the case of the 31-month time limit for patents being missed. The PCT application can then be used as basis for a Danish utility model application.


There is only a formal examination. Examination as to novelty and clear distinction on request. May be filed by applicant at any time or by third party upon registration.


Beginning of protection: filing date.

Publication and registration: registration will be published with an abstract in the Utility Model Gazette (Brugsmodeltidende). The filed documents are, at the same time, laid open to public inspection at the Patent Office. No printed publication is issued apart from the abstract mentioned above, but photocopies can be ordered from the Patent Office.

Secrecy on request: until fifteen months have lapsed from the first filing date (priority date). If withdrawn or rejected within fifteen months the application is not made publicly accessible. The fifteen-month period may be shortened on request.

Opposition: not provided for.

Duration: ten years.

Annuities – latest term for payment – extension: renewal fees fall due before expiry of three years and six years from the filing date. The renewal fee can be paid, with a fine, within six months of the expiry. Payment in advance: maximum three months.

Marking of protected goods: not compulsory but usual. If marking is used, the owner is obliged to communicate the number of the utility model under the same regulations as for patents.

Text of marking: “Dansk brugsmodel reg. nr. …”.

Working – compulsory licenses: working is not compulsory; compulsory licenses under special circumstances.

Assignment: may be registered.

License: as for “patents“.

Administrative reexamination of a granted utility model is possible. It may be applied for by any party in the whole lifetime of the utility model as well as after expiry.

Infringement: according to patent regulations (see “II. Patents, Section 6” above.

Utility model derived from a patent: if the applicant has already applied for a Danish patent for the same invention at an earlier date, he may branch off a utility model application claiming the application date and the priority right of the patent application for the utility model application. This right can be exercised at any time. If the patent application has been rejected or finally shelved, the utility model application must be filed within two months after the date on which the patent application was concluded. In all cases the utility model application must, however, be filed within ten years after the application date of the patent.

Enhanced penalty in the case of abusive steps in relation to the granted right.