Rights Conferred Patents confer a number of legal rights on their owner. The rights confer and protect the economic benefits of ownership. In broad terms, the patent holder has the exclusive right to exploit and use the patent and license others to do so. A patent while it is in force shall confer on its proprietor the right to prevent all third parties not having […]
Patent Law Patent law rewards the inventor of a novel product or process. It is designed to encourage research and development. The patent gives a monopoly on the exploitation of the invention for 20 years. Each state has its own patent law. There are European Union and Worldwide patent Conventions and Treaties. They are designed to facilitate registration of patents in the European Union and […]
Identifying the Applicant The right to apply for a patent belongs to the inventor or his successor. In common with other property, patents may be co-owned. If the applicant is not the inventor, it must identify the inventor. The inventor must be identified within 16 months of the priority date. Several inventors may be specified. There are procedures for amendments and substitutions of the persons […]
Criteria Short-term patents are more easily and economically obtained. A short-term patent lasts for ten years. The criteria are less onerous than for a full patent. An invention shall be patentable if it is new and susceptible to industrial application, provided it is not clearly lacking an inventive step. The same degree of inventiveness is not required. The application is not examined relative to the […]
Person Entitled An application may be made to the court for the resolution of any question relating to the ownership of a patent. The court may make a declaration. Where the court decides that a patent was granted to a person who is not entitled to it, it may make an order for the conditional or unconditional revocation of the patent. They make an order […]
Novelty An invention is not new if it forms part of the state-of-the-art. It must not have been made available to the public, anywhere in the world, prior to filing. There are limited categories of prior non-prejudicial disclosure. The requirement for novelty follows the principle that what is available by way of knowledge to humankind and what follows in an obvious way from it, should not […]
Amendment An application can be made to amend an existing patent specification. In light of the information at hand, it might be necessary to amend the scope of the patent in the event of revocation or threatened revocation. The amendment may not increase the scope of the subject matter disclosed for the protection conferred by the patent. The amendment is presumed to be retrospective to […]
Biological Exclusions Patents are not allowed in respect of plant or animal varieties or essentially biological processes for the production of plants and animals other than microbiological processes. More generally, an invention whose commercial exploitation would be contrary to public order or morality is prohibited. This latter prohibition is narrower than that which is prohibited by law. Methods of medical treatment of humans and animals […]
Period A patent may continue for twenty years, provided the renewal date fees are paid. Under the older legislation, the period of protection was 16 years. It runs from the date the complete specification is filed. This accords with the international period of protection of a patent. There are various bases on which it may lapse or be revoked within this period. Renewal Fees Renewal […]
Contractual & Other Licences The owner of a patent may grant a licence permitting the patent to be used by third parties on the conditions specified. The terms and conditions of the licence will specify what the licensor may or may not do. The licence or should be patent holder is entitled to grant the rights. The right should be amongst those held by the […]
Compulsory Licenses A licence may be sought once three years have passed since the first publication of the patent. The application may be for a licence under the patent or for an entry on the register to the effect that licenses are to be available as of right. Until 2006 the grounds on which a compulsory licence may be granted were broader. A compulsory license may […]
Infringement The Irish courts have jurisdiction to hear actions relating to patent infringements occurring in Ireland. Proceedings may be served on persons outside Ireland if they are infringing a patent within Ireland. A direct infringement involves making, offering, importing, stocking, marketing or using a product that is the subject of a patent. An indirect infringement occurs if a person supplies or offers to supply, the […]
European Patent Convention European Patent Convention 1973 has been ratified by almost 40 states. This includes members of the European Union and some other European countries. The European Patent Convention provides for a single patent application granting patent rights across states that are party to the Convention. There is a European Patent Office. Single filing in the office may lead to a European Patent. Technically […]
Paris Convention Conventions on the protection of patents have existed between states since the late 19th century. The United Kingdom, including Ireland, joined the Paris Convention signed in 1883 the following year. The Paris Convention has been revised on a number of occasions since then. The Paris Convention guarantees that states will not discriminate against nonnationals in the enjoyment of industrial property rights. No requirement […]
EU Legislation The European Union has been active in harmonizing intellectual property rights. It has provided for a Community Trademark and European Patent in tandem with national intellectual property rules. It has also provided for minimum protections in respect of certain aspects of intellectual property. It has also been at the forefront of extending intellectual property protection into information technology and biotechnological areas. The European […]