Patent International

Table of Contents

PATENTS ACT

PART XII

PROVISIONS REGARDING INTERNATIONAL CONVENTIONS

Effect of European patent.

119. —(1) Subject to the provisions of this Act, a European patent designating the State shall, as from the publication of the mention of its grant in the European Patent Bulletin, be treated for the purposes of this Act as if it were a patent under this Act granted in pursuance of an application made under Part II and as if notice of the grant of the patent had, on the date of the publication, been published under section 34 in the Journal, and in addition to the foregoing the following shall apply:

( a ) the proprietor of a European patent designating the State shall, accordingly, as respects the State have the same rights and remedies and be subject to the same conditions, as the proprietor of a patent granted under this Act;
( b ) references in this Act to a patent shall be construed accordingly; and

( c ) any statement made and any certificate filed for the purposes of the provision of the European Patent Convention corresponding to section 12 (1) (b) shall be treated respectively as a statement made and certificate filed for the purposes of section 12 (1) (b).

(2) Subsection (1) shall not affect the operation in relation to a European patent designating the State of any provisions of the European Patent Convention relating to the amendment, limitation or revocation of such a patent in proceedings before the European Patent Office.
(3) Where, after proceedings for the infringement of a European patent designating the State have been commenced before the Court appropriate court but have not been finally disposed of, it is established in proceedings before the European Patent Office that the patent is only valid in part, section 50 shall, without prejudice to the jurisdiction of the Court appropriate court concerning the validity of the European patent insofar as it designates the State, apply in relation to such patent in the same manner as it applies to proceedings in which the validity of a patent granted under this Act is put in issue and in which it is found that the patent so granted is only valid in part.

 Patents Amendment Act 2006 [31/2006]

(4) Where a European patent designating the State is amended, limited or revoked in accordance with the European Patent Convention, the amendment shall be treated for the purposes of this Act as if it had been made, or where appropriate, the patent shall be treated for those purposes as having been revoked, under this Act.*

(5) Where—

( a ) under the European Patent Convention a European patent designating the State is revoked for failure to observe a time limit and is subsequently restored; and

(a) under the European Patent Convention a European patent designating the State—

(i) is revoked for failure to observe a time limit and is subsequently restored, or

(ii) is revoked by the Board of Appeal and is subsequently restored by the Enlarged Board of Appeal,

and

( b ) between the revocation and publication of the fact that it has been restored a person begins in good faith to do an act which would, apart from section 77, constitute an infringement of the patent or makes in good faith effective and serious preparations to do such an act;

he shall have the same protection as if an order had been made under section 37 (7). the person shall have the rights conferred by subsections (8)(c) and (10) of section 37 and subsections (9) and (11) of that section shall apply accordingly.
( 6 ) ( a ) Subsection (1) shall not apply to a European patent designating the State and whose specification was published in French or German, unless a translation in English of the specification is filed at the Office and the prescribed fee is paid before the end of the prescribed period.

( b ) Subsection (4) shall not apply to an amendment or a limitation made in French or German unless a translation in English of the specification as amended or limited is filed at the Office and the prescribed fee is paid before the end of the prescribed period.

(7) Where such a translation is not filed in accordance with subsection (6), the patent shall be treated as always having been void.

(8) The Controller shall publish any translation filed at the Office under subsection (6).

 Patents Amendment Act 2006 [31/2006]
*Patent Amendment Act 2012 [1/2012]
Copyright and Other Intellectual Property Law Provisions Act 2019

Restoration where translation not filed under section 119(6)

119A.—(1) Where a translation of the specification concerned is not filed within the period prescribed under section 119(6), an application may be made to the Controller to restore the effect of section 119(1).

(2) An application under this section shall contain a statement (to be verified in the manner that may be prescribed) setting out the circumstances which led to the failure to file the translation referred to in subsection (1), and the Controller may require from the applicant any further evidence that he considers necessary.

(3) An application under this section shall be accompanied by the translation together with the prescribed fee.

(4) An application under this section shall be made within the prescribed period and shall be accompanied by the prescribed application fee.

(5) Where the Controller is satisfied that reasonable care was taken to ensure that the translation was filed within the period prescribed under section 119(6), the Controller shall advertise the application in the Journal, and within the prescribed period any person may give notice to the Controller of opposition thereto.

(6) Where notice of opposition is duly given under this section, the Controller shall notify the applicant and determine the issue.

(7) Where the Controller decides to allow an application under this section, he shall make a restoration order and publish notice of the restoration in the Journal.

(8) Where, in the period between the expiration of the prescribed period under section 119(6) for filing a translation and the date on which the application under this section was published in the Journal, a person—
(a) began in good faith to do an act which would have constituted an infringement of the rights conferred by the patent had it been in force, or

(b) made, in good faith, effective and serious preparations to do such an act,
subsections (8A) to (8D) shall apply.

( 8A) The person referred to in subsection (8) shall have the right to continue to do the act concerned or, as the case may be, to do that act, notwithstanding the restoration of the effect of section 119(1).

(8B) Subsection (8A) does not extend to granting a licence to any person to do an act referred to in subsection (8).

(8C) If the act referred to in subsection (8) was done, or the preparations were made to do it, in the course of a business, the person entitled to the right conferred by subsection (8A) may—

(a) authorise that act to be done by any partner of that person for the time being in that business, and

(b) assign the right, or transmit that right on death (or in the case of a body corporate on its dissolution), to any person who acquires that part of the business in the course of which the act was done or preparations had been made to do it.

(8D) Where a product is disposed of by any person to another person in exercise of a right conferred by subsection (8A) or (8C) that other person and any person claiming through that other person shall be entitled to deal with the product in the same way as if it had been disposed of by the registered proprietor of the patent.

(9) Where the Controller refuses an application under this section, the patent shall be treated as always having been void.

(10) Where a restoration order is made by the Controller, a translation filed under subsection (3) shall be published.

Effect of filing application for European patent.

120. — (1) ( a ) An application for a European patent designating the State and having a date of filing under the European Patent Convention shall be treated for the purposes of the provisions of this Act specified in subsection (2) as an application for a patent under this Act having the said date as its date of filing under this Act.

( b ) This Act shall apply to an application described in paragraph (a) of this subsection subject to the modifications specified in subsection (3).

(2) The provisions of this Act referred to in subsection (1) are sections 11 (3), 25, 26,
27, 44, 45, 46, 55, 56, 62, 76, 77, 78, 79, 80, 83, 84 and 85 together with section 17 (3) in so far, and only in so far, as it provides for the making of a request to and a finding by the Controller and section 22 in so far as it restricts the application of section 11 (3).

(3) The modifications referred to in subsection (1) are the following:

( a ) any declaration of priority made in connection with the application under the European Patent Convention shall be treated for the purposes of this Act as a declaration of priority under section 26 (1);

( b ) where a period of time relevant to priority is extended under the said convention, the reference in section 25 (1) shall in relation to the application be regarded as being a reference to a period equal to the period as so extended;

( c ) where the date of filing an application is re-dated under that convention to a later date, that date shall be so treated as the date of filing the application;

( d ) the application, if published in accordance with the said convention, shall, subject to subsection (6), be treated as having been so published under section 28;

 Patents Amendment Act 2006 [31/2006] *Patent Amendment Act 2012 [1/2012]

( e ) any designation of the inventor under the said convention or any statement under it indicating the origin of the right to a European patent shall be treated for the purposes of section 17 (3) as a statement filed under section 17 (2);

( f ) registration of the application in the Register of European Patents shall be treated as registration in the register;

( g ) the provisions of section 35 shall not apply to such an application.

(4) Subsections (1), (2) and (3) shall cease to apply to an application for a European patent designating the State when the application is refused or withdrawn or deemed to be withdrawn, or the designation of the State in the application is withdrawn or deemed to be withdrawn, but if the rights of the applicant are re-established under the European Patent Convention, subsections (1), (2) and (3) shall, as from the re-establishment of those rights, again apply to the application; provided, however, that the occurrence of an event of withdrawal or refusal referred to shall not affect the continued operation of section 11 (3) in relation to matter contained in an application for a European patent designating the State which by virtue of that provision has become part of the state of the art as regards other inventions.

(4) Subsections (1), (2) and (3) shall cease to apply to an application for a European patent designating the State, except as provided for in subsection (4A), if—

(a) the application is refused or withdrawn or deemed to be withdrawn, or

(b) the designation of the State in the application is withdrawn or deemed to be withdrawn,

but shall apply again if the rights of the applicant are reestablished under the European Patent Convention, as from the re-establishment of those rights.

(4A) (a) The occurrence of any of the events referred to in subsection (4)(a) or (b) shall not affect the continued operation of section 11(3) in relation to matter contained in an application for a European patent designating the State which by virtue of that provision has become part of the state of the art as regards other inventions.

(b) The occurrence of any of the events mentioned in subsection (4)(b) shall not prevent matter contained in the application for a European patent designating the State becoming part of the state of the art by virtue of section 11(3) as regards other inventions, where the event occurs before the publication of that application.

(c) Paragraph (b) shall apply only to European patents and European patent applications filed after the coming into operation of that paragraph.

(5) Where between the cesser, by virtue of subsection (4), of subsections (1), (2) and
(3) as regards an application for a European patent and the re-establishment of the rights of the applicant, a person begins in good faith to do an act which would, apart from section 77, constitute an infringement of the application if subsections (1), (2) and
(3) then applied, or makes in good faith effective and serious preparations to do such an act, he shall have the same protection as if an order had been made under section 37 (7).

(5) Where between the cesser, by virtue of subsection (4), of subsections (1), (2) and
(3) as regards an application for a European patent and the re-establishment of the rights of the applicant, a person begins in good faith to do an act which would, apart from section 77, constitute an infringement of the rights conferred by publication of the application if subsections (1), (2) and (3) then applied, or makes in good faith effective and serious preparations to do such an act, subsections (5A) to (5D) shall apply.

(5A) The person referred to in subsection (5) shall have the right to continue to do the act concerned or, as the case may be, to do that act, notwithstanding subsections (1) to
(3) applying again and notwithstanding the grant of the patent.

(5B) Subsection (5A) does not extend to granting a licence to any person to do an act referred to in subsection (5).
(5C) If the act referred to in subsection (5) was done, or the preparations were made to do it, in the course of a business, the person entitled to the right conferred by subsection (5A) may—

(a) authorise that act to be done by any partner of that person for the time being in that business,

and

(5D) Where a product is disposed of by any person to another person in exercise of a right conferred by subsection (5A) or (5C) that other person and any person claiming through that other person shall be entitled to deal with the product in the same way as if it had been disposed of by the applicant.
(6) An application for a European patent designating the State published by the European Patent Office under the European Patent Convention in French or German shall be treated for the purposes of section 56 as published under section 28 when a translation in English of the claims of the application has been filed at and published by the Office and the prescribed fee has been paid, but an applicant may bring proceedings by virtue of section 56 in respect of an act mentioned in that section which is done before publication of that translation if, but only if, before the doing of that act he has sent by post or delivered to the person alleged to have done the act, a translation in English of the said claims.

(7) An application for a European patent may be filed at the Office. This provision shall not apply in respect of an application which is a European divisional application under the European Patent Convention.

 Patents Amendment Act 2006 [31/2006] *Patent Amendment Act 2012 [1/2012]

(7) (a) An application for a European patent may be filed at the Office. The Office shall forward an application to the European Patent Office within the time specified in the Implementing Regulations to the European Patent Convention.

(b) This provision shall not apply in respect of an application which is a European divisional application under the European Patent Convention.

Authentic text of European patents and patent applications.

121. —(1) Subject to subsection (2), the text of a European patent or application for such a patent in the language of the proceedings, that is to say the language in which proceedings relating to the patent or the application are to be conducted before the European Patent Office, shall be the authentic text for the purposes of any proceedings under this Act before the Controller or the Court appropriate court.

(2) Where the language of the proceedings referred to in subsection (1) is French or German, a translation in English of the claims of the European patent concerned*, or of the claims of the application under section 120, shall be treated as the authentic text for the purpose of any proceedings under this Act, other than proceedings for the revocation of the patent, if the claims of the patent or application, as translated, confers protection which is narrower than that conferred by them in French or German.

(3) If any such translation referred to in subsection (2) results in a European patent or application conferring a narrower protection than that conferred by the language of the proceedings referred to in subsection (1), the proprietor of or applicant for the patent may file a corrected translation with the Office and, if he pays the prescribed fee within the prescribed period, the Office shall publish it; provided that the proprietor of the patent or the applicant shall not be entitled to bring proceedings in respect of an act which infringed the patent or application as correctly translated, but not as originally translated, unless before the doing of the act the corrected translation has been published by the Office or the proprietor or applicant has sent the corrected translation by post or delivered it to the person alleged to have done that act.

(4) Where a correction of a translation is published under subsection (3) and before it is so published a person begins in good faith to do an act which would not constitute an infringement of the patent or application, as originally translated, but would (apart from section 77) constitute an infringement of it under the amended translation, or makes in good faith effective and serious preparations to do such an act he shall have the same protection as if an order had been made under Section 37(7) subsections (5) to (8) shall apply.

(5) The person referred to in subsection (4) shall have the right to continue to do the act concerned or, as the case may be, to do that act, notwithstanding the publication of the corrected translation and notwithstanding the grant of the patent.

(6) Subsection (5) does not extend to granting a licence to any person to do an act referred to in subsection (4).

(7) If the act referred to in subsection (4) was done, or the preparations were made to do it, in the course of a business, the person entitled to the right conferred by subsection
(5) may—

(a) authorise that act to be done by any partner of that person for the time being in that business,

and

(8) Where a product is disposed of by any person to another person in exercise of a right conferred by subsection (5) or (7) that other person and any person claiming through that other person shall be entitled to deal with the product in the same way as if it had been disposed of by the registered proprietor of the patent or the applicant, as the case may be.

Conversion of European patent application.

122. —(1) Where under the European Patent Convention an application for a European patent designating the State is deemed to have been withdrawn because it has not, within the period required by the said convention, been received by the European Patent Office Where an application designating the State is deemed withdrawn under the provisions of the European Patent Convention because it has not been forwarded to the European Patent Office in due time, the Controller may direct that, on compliance with the conditions mentioned in subsection (2), the application shall be treated as a patent application under Part II.

(2) The conditions referred to in subsection (1) are that—

( a ) the applicant within the prescribed period shall pay the filing fee, and, if the application is in French or German, file a translation in English of the application and of any amendments previously made in accordance with the European Patent Convention; and

( b ) (i) the applicant shall request the Controller within the prescribed period (where the application was filed with the Office) to give a direction under this section; or

(ii) the central industrial property office of a country which is party to the said convention, other than the State, with which the application was filed shall transmit within the prescribed period a request that the application be converted into an application under Part II, together with a copy of the said application as so filed.

 Patents Amendment Act 2006 [31/2006]

(3) Where an application for a European patent falls to be treated as a patent application (within the meaning of this Act) by virtue of a direction under this section—

( a ) the date which is the date of filing the application under the European Patent Convention shall be treated as its date of filing for the purposes of this Act, but if that date is re-dated under the European Patent Convention to a later date, then that later date shall be treated for those purposes as the date of filing the application;

( b ) if the application satisfies a requirement imposed by virtue of a provision of the said convention it shall be treated as satisfying the requirements for a patent application under this Act;

( c ) any document filed with the European Patent Office under any provision of the European Patent Convention corresponding to any of the following provisions of this Act, that is to say, sections 12 (1) (b), 17 (2), 18 (2) or 26 (1) or any rule made for the purposes of any of those provisions, shall be treated as filed with the Office under that provision or rule.

Determination by Court of questions as to right to European patent. 123.—(1) The Court High Court shall determine a question to which this section applies in accordance with the following provisions of this section.

(2) This section applies to a question arising before the grant of a European patent as to whether or not a person has a right to be granted a European patent, or a share in any such patent, and in this section “employer-employee question” means any such question between an employer and an employee, or either or both of their successors in title, arising out of an application for a European patent for an invention made by the employee.

(3) Subject to subsection (5), the Court the High Court shall consider and determine a question to which this section applies, other than an employer-employee question, if, and only if, the following conditions are satisfied:

( a ) there is neither an agreement in writing whereby, nor other written evidence establishing that, the parties have agreed to submit to the jurisdiction of a court or other competent authority which under the law of a relevant contracting state other than the State has jurisdiction to decide the question, and

( b ) (i) the applicant ordinarily resides in or has his principal place of business in the State, or

(ii) the other party claims that the patent should be granted to him and he ordinarily resides in or has his principal place of business in the State, and the applicant does not have his residence or principal place of business in any of the relevant contracting states.

(4) Subject to subsection (5), the Court the High Court shall consider and determine an employer-employee question if, and only if, the following conditions are satisfied:

( a ) (i) the employee is wholly or mainly employed in the State, or

(ii) the employee is neither wholly nor mainly employed in a particular state or territory, or

(iii) the place at which the employee is mainly employed cannot be determined but the employer has in the State a place of business to which the employee is attached (whether or not he is also attached elsewhere);

and

( b ) there is not written evidence that the parties have agreed to submit to the jurisdiction of a court or other competent authority which under the law of a relevant contracting state other than the State has jurisdiction to decide the question, or, where there is such evidence of such an agreement, the proper law of the contract of employment does not recognise the validity of the agreement.

(5) The Court High Court may consider and determine any question to which this section applies if there is written evidence that the parties have agreed to submit to the jurisdiction of the Court High Court and, in the case of an employer-employee question, the proper law of the contract of employment recognises the validity of the agreement.

(6) If, after proceedings to determine a question to which this section applies have been brought before a court or other competent authority which under the law of a relevant contracting state other than the State has jurisdiction to decide the question, proceedings are begun before the Court the High Court, the Court the High Court shall stay the proceedings before it until the following conditions are satisfied:

( a ) such authority either—

(i) declines jurisdiction, or

(ii) makes a determination which the Court the High Court refuses to recognise under section 124, and
( b ) where an appeal lies from the decision of such authority, either an appeal has been taken and has been determined or withdrawn or, in case such an appeal is not taken, the time for appealing has expired.

(7) References in this section to the determination of a question include references to—

( a ) the making of a declaration with respect to the question; and

( b ) the making of such order as the Court High Court deems appropriate in relation to the question.

(8) In this section and section 124 “relevant contracting state” means a state which is a party to the European Patent Convention and has not exercised its right under the said convention to exclude the application of the protocol to the said convention therein referred to and known as the Protocol on Recognition.

(9) This section and section 124 apply to a question arising before the grant of a European patent whether the relevant European patent application designates the State or not.

Effect of patent decisions of competent authorities of other states.

124. —(1) Subject to subsection (2), a determination of a question to which section 123 applies by a court or other competent authority which under the law of a relevant contracting state other than the State has jurisdiction to decide the question shall, if no appeal lies from the determination or if the time for appealing has expired without an appeal having been taken, be recognised in the State as if it had been made by the the Court the High Court.

(2) The Court The High Court may refuse to recognise any determination referred to in subsection (1) that the applicant for a European patent had no right to be granted the patent, or any share of it, if either—

( a ) the applicant did not contest the proceedings to which the determination relates because he was not notified of them either at all or in the proper manner or was not notified of them in time for him to contest such proceedings; or

( b ) the determination conflicts with the determination of a court or other competent authority which under the law of any other relevant contracting state has jurisdiction to decide the question in proceedings instituted earlier between the same parties as those to the proceedings under this Act and relating to the same question.

Patent agents and other representatives.

125. —(1) A person acting for gain shall not, either alone or in partnership with any other person, practise, describe himself or hold himself out as being, or as carrying on the business of agent or other representative of other persons for the purpose of applying for or obtaining European patents or for the purpose of conducting proceedings in connection with such patents before the European Patent Office, unless he satisfies the condition that his name and that of each of his partners appears on the European list.

(2) Subsection (1) shall not be construed as prohibiting a barrister or solicitor from appearing or taking part in proceedings before the European Patent Office which correspond to proceedings in which by virtue of section 93 or 106 he is entitled to appear or take part.

(3) A company acting for gain shall not practise, describe itself or hold itself out or permit itself to be described or held out as agent or other representative of other persons for any purpose mentioned in subsection (1) unless permitted to do so under the European Patent Convention.

(4) Any person who contravenes subsection (1) or (3) shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £500 class D fine in the case of a first offence, and in the case of a second or subsequent offence, £1,000 a class C fine.

(5) A person who does any act mentioned in subsection (1) but satisfies the condition mentioned in that subsection shall not be treated as contravening section 106 so long as he does not without qualification describe himself as a patent agent and does not hold himself out, or permit himself to be held out, as carrying on any business other than the one mentioned in that subsection.

(6) The Controller may refuse to recognise as agent or other representative for the purposes of applying for European patents any person who does not satisfy the conditions mentioned in subsection (1) and does not fall within the exception in subsection (2).

European patent attorneys.

126. —(1) For the avoidance of doubt, it is hereby declared that any person whose name appears on the European list shall not be guilty of an offence under section 56 of the Solicitors Act, 1954 , by reason only of his describing himself as a European patent attorney.

(2) A person whose name appears on the European list shall not be guilty of an offence under the Solicitors Acts, 1954 to 1960, by reason only of the preparation by him of any document (other than a deed) for use in proceedings before the Controller under this Act in relation to a European patent or an application for such a patent.

International applications for patents.

127. —(1) An international application for a patent designating the State shall be deemed to be an application for a European patent designating the State and shall, subject to section 127A, also be capable of being treated as an application for a patent under Part II.

(2) The Office may, without prejudice to Article 151 of the European Patent Convention, act as a receiving office within the meaning of Article 2 (xv) of the Treaty for persons making international applications, provided such applications are in English.

(3) Applications filed at the Office, as receiving office, shall be accompanied by the prescribed transmittal fee.

(4) The Minister may by rules make provisions with respect to international applications consequent upon the Office acting as a receiving office for applicants making such applications.

(5) Any application referred to in subsection (1) which designates the European Patent Office and is published under the Treaty shall be treated for the purposes of section 11
(3) as published when, and only when, a copy of the application has been supplied to the European Patent Office in English, French or German and the relevant fee has been paid under the European Patent Convention.

(6) Any application referred to in subsection (1) which designates the European Patent Office and is published under the Treaty in a language other than English, French or German shall be treated for the purposes of section 56 as published when, and only

when, it is re-published in English, French or German by the European Patent Office under the European Patent Convention.

Circumstances in which international application for patent designating State shall be treated as application for patent under Part II

127A. (1) If an international application for a patent which designates the State is refused a filing date under the Treaty and following a request made in the prescribed manner and within the prescribed period, the Controller determines that the refusal was caused by an error or omission in an institution having functions under the Treaty, he may direct that the application shall be treated as an application under Part II, having such date of filing as he may direct.
(2) Subject to compliance with the prescribed conditions, an international application for a patent which designates the State shall be treated as an application under Part II if—
(a) the applicant withdraws the international application at any time prior to the expiration of 31 months from the filing date or the priority date of the application, whichever is the earlier, and the international processing procedures in the international phase are discontinued,
(b) the International Bureau determines, for any reason, that the international application or the designation of the State in it, is withdrawn or considered withdrawn,
(c) the international application is considered to be withdrawn on the ground that it has not, within the period prescribed by Article 20 (as that Article is construed in accordance with Rule 47 of the Treaty Regulations), 22(1) or 39(1) of the Treaty, been received by the European Patent Office, or
(d) the applicant decides, at any time prior to the expiration of 31 months from the filing date or the priority date of the international application designating the State, whichever is the earlier, to request the Controller to treat the international application as a patent application under Part II.
(3) Subject to compliance with the prescribed conditions, an international application for a patent designating the State which has, under subsection (1) or (2), ceased to be deemed to be an application for a European patent designating the State shall, upon that cesser taking effect, be treated as an application under Part II.
(4) Subsection (5) applies to an international application for a patent designating the State which is treated as an application for a patent under Part II.
(5) An application for an international patent designating the State which has been published by the International Bureau in accordance with the Treaty in a language other than Irish or English shall be treated, for the purposes of sections 56 and 66(3), as published under section 28 when a translation into Irish or English of the claims of the application have been filed and published by the Office.
(6) Article 2 of the Treaty shall apply to the interpretation of this section as that Article applies to the interpretation of the Treaty.

(7) In this section, ‘Treaty Regulations’ means the Regulations under the Treaty as such Regulations are in force from 1 July 2016.

Orders to give effect to international agreements relating to patents.

128. —(1) The Minister may by order make such provision as appears to him to be necessary or expedient to enable effect to be given to, or to any particular provision of, any amendment of the European Patent Convention or the Treaty or to any international treaty, convention or agreement (or protocol thereto) relating to patents to which the State is or proposes to become a party.

(2) The Minister may by order revoke or amend an order under this section.

Evidence of conventions and instruments under conventions.
129. —(1) Judicial notice and notice by the Controller shall be taken of the following, that is to say—

( a ) the European Patent Convention, the Treaty and any other convention or any protocol or other agreement to which an order under section 128 applies,
( b ) any bulletin, journal or gazette published or issued under the European Patent Convention and the Treaty and the register of European patents kept under the European Patent Convention, and

( c ) any decision of, or expression of opinion pursuant to the European Patent Convention by, a competent authority on any question arising under or in connection with that convention.

(2) Any document mentioned in subsection (1) (b) which purports to state the contents or provisions, or part of the contents or provisions, of any instrument made or any act done by any institution of the European Patent Convention or the Treaty shall be admissible under this Act as prima facie evidence of such contents, provisions or part.

(3) Prima facie evidence of any instrument made under the European Patent Convention or the Treaty by any institution referred to in subsection (2), including any judgment or order so made by a competent authority of the European Patent Convention, or of any record or other document in the custody of any such institution, or any part of, entry in or extract from, such a record or other document, may be given in any legal proceedings by the production of a copy certified as a true copy by an officer of that institution; and any document purporting to be such a copy shall be received in evidence without proof of the official position or handwriting of the person signing the certificate or of his authority to do so.

(4) Evidence of any instrument or order referred to in subsection (3) may also be given in any proceedings whether under this Act or otherwise—

( a ) by the production of a copy purporting to be officially printed on behalf of the institution by whom it was issued or made,

( b ) where the instrument is in the custody of a government department, by the production of a copy certified as being a true copy by an officer of the department duly authorized in that behalf,

and any document purporting to be a copy mentioned in paragraph (b) shall be received in evidence without proof of the official position or handwriting of the person signing the certificate, or of his authority to do so, or of the document’s being in the custody of the department.

Obtaining evidence for proceedings under European Patent Convention. 130.—(1) The Foreign Tribunals’ Evidence Act, 1856 (in this section subsequently referred to as “the Act of 1856”), shall apply in relation to any competent authority constituted under the European Patent Convention as it applies in relation to any court or tribunal of competent jurisdiction in a foreign country and accordingly the reference in section 1 of that Act to a court or tribunal of competent jurisdiction in a foreign country shall be construed as including a reference to a competent authority so constituted.

(2) In the application of the Act of 1856, the Court appropriate court may order the examination upon oath of any witness before the Controller.

(3) Any person who, being examined on oath before the Controller pursuant to the Act of 1856, as extended by this section, wilfully gives false evidence shall be liable to the penalties of perjury.

Communication of information to European Patent Office, etc.

131. —No enactment, whether passed before or after the passing of this Act, shall be construed as making it unlawful to communicate the following information in pursuance of the European Patent Convention to the European Patent Office or the authority competent to receive such information in any country which is party to that convention, that is to say—

( a ) information in the files of the Court the appropriate court which, in accordance with rules of court, the Court the appropriate court authorizes to be so communicated,

( b ) information in the files of the Office which, in accordance with rules made under this Act in that behalf, the Controller authorizes to be so communicated.

Financial provisions.

132. —(1) There shall be paid out of moneys provided by the Oireachtas any sums, as may be sanctioned by the Minister for Finance, required to meet any financial obligation of the State under the European Patent Convention or the Patent Co- operation Treaty.

(2) Any sums received in pursuance of the convention or treaty referred to in subsection (1) shall be paid into such fund and accounted for in such manner as shall be determined by the Minister with the consent of the Minister for Finance.