Utility Models in Danish Law

In Denmark, a specific Act for the protection of utility models was introduced in 1992. The regulation of utility models in Danish law has been elaborated in close connection with the Danish patent law. Even though the rules are enacted separately, the wording of the Patent Act and the Utility Model Acts is similar. The interaction between the two systems is built into the design of the Acts. For example, branching-off from a patent application or patent under opposition to a utility model application is permitted. The core area for utility models is the protection via registration of “minor inventions”. These differ from “real patents” mainly by having a lower threshold for “inventive step”. Whereas an “invention” to be patentable must differ “essentially”, a “creation” should only differ “distinctly” from the state of the art. Moreover, utility model protection can be obtained without substantive examination whereas patent protection always requires a full evaluation both of the formal and substantive requirements. The term of protection for utility models is less than that of a patent. Since 1998, there has been a decline in the demand for utility model protection in Denmark.