Ireland brings patenting law into line with Europe

05 Aug 2009 | News
Patent laws in the Republic of Ireland have been amended to streamline the system and bring it into line with the rest of Europe.


Patent laws in the Republic of Ireland have been amended to bring them into line with the rest of Europe and make the patenting system more straightforward. This has involved changes to 34 aspects of the existing set of rules, which mainly date from 1992.

The government said increased levels of research in Ireland over recent years had created a corresponding need to protect the resulting intellectual property. The new patent rules will make it easier for people to use the services of the Patents Office.

Patent applications to the European Patents Office from Irish applicants have increased by 279 per cent since 2002 and grants of European patents to Ireland have also increased by 32 per cent in the same period. As the cycle from patent application to grant takes on average five years, there will be an ongoing marked increase in European patents granted to Ireland in the coming years.

Latest figures for patent filings in 2008 show Ireland currently ranked 14th for European patent applications of the then-34 countries in the European Patent Organisation and 23rd in the wider Patent Cooperation Treaty rankings, which cover most countries in the world.

The changes include removing legal impediments to the online delivery of Patent Office services, via its website. Its services include fortnightly online publication of the Official Journal that can be viewed and searched by users free of charge. It also provides online access to the patents, trademarks and design databases and registers as well as the option of online electronic payment. In total, 80 per cent of all renewal fees are now paid online.

The Patent (Amendment) Rules 2009 will also give people applying for patents more time than to provide necessary documentation while maintaining their filing or priority dates, which are key to patenting worldwide.

They will also put in place a number of mechanisms to avoid any unintentional loss of applicants’ patent rights.


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