National measures relating to the Unitary Patent, III. Simultaneous Protection, Denmark
III. Simultaneous Protection
| Participating Member State | Denmark |
|---|---|
1Simultaneous protection possible between a Unitary Patent and a national patent |
Yes |
2Simultaneous protection possible between a classic European patent and a national Patent |
Yes |
3Description |
Denmark does not have any provisions in its national legislation prohibiting simultaneous protection by a national patent and a classical European patent/Unitary patent. Consequently, simultaneous protection for an invention covered by a European patent with unitary effect and a national patent will be allowed in Denmark in accordance with Article 139(3) EPC. This is in order to provide a possibility to obtain patent protection on the Faroe Islands and in Greenland (which is a part of the Kingdom of Denmark) which is only possible through a national patent. A national Danish patent can co-exist with a Unitary patent. Any litigation regarding a national Danish patent is dealt with by the Danish courts; also after the entry into force of the UPCA. |