II. Safety net

Yes

Denmark intends to introduce a safety net provision in its national legislation (the Consolidate Patent Act). The chosen option and further details are still under consideration.

A Safety-net mechanism has been introduced in the Danish Patents Act section 77(6) as of 1^st June 2023.  

The safety net mechanism in Denmark is applicable if the patent holder’s request for unitary effect of a European patent is refused by the EPO, after the deadline for validation of a European patent in Denmark has expired. It is a condition, that the request for unitary effect was submitted in due time to the EPO.

If the validation deadline in Denmark, cf. the Danish Patents Act section 77, has expired before the refusal of the request for unitary effect of a European patent by the EPO, the Danish safety net provision provides the applicant with the opportunity to extend the deadline for validation in Denmark and for paying the first annual fee. In the abovementioned situation, the deadline for validation and paying the first annual fee to the Danish Patent and Trademark Office will then be calculated from the day on which the decision on refusal from the EPO is final.