{"id":13178,"date":"2022-08-20T16:29:56","date_gmt":"2022-08-20T16:29:56","guid":{"rendered":"http:\/\/legalblog.ie\/?p=13178"},"modified":"2024-04-22T21:58:57","modified_gmt":"2024-04-22T21:58:57","slug":"patent-overview-ii","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/patent-overview-ii\/","title":{"rendered":"Patent Rights"},"content":{"rendered":"<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_63 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title \" >Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><ul class='ez-toc-list-level-3' ><li class='ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/patent-overview-ii\/#Rights_Conferred\" title=\"Rights Conferred\">Rights Conferred<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/legalblog.ie\/patent-overview-ii\/#Scope_of_Patent\" title=\"Scope of Patent\">Scope of Patent<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/legalblog.ie\/patent-overview-ii\/#Indirect_Infringement\" title=\"Indirect Infringement\">Indirect Infringement<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/legalblog.ie\/patent-overview-ii\/#Remedies\" title=\"Remedies\">Remedies<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/legalblog.ie\/patent-overview-ii\/#Liability_Orders\" title=\"Liability &amp; Orders\">Liability &amp; Orders<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/legalblog.ie\/patent-overview-ii\/#Defences\" title=\"Defences\">Defences<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-7\" href=\"https:\/\/legalblog.ie\/patent-overview-ii\/#EU_Defences\" title=\"EU Defences\">EU Defences<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-8\" href=\"https:\/\/legalblog.ie\/patent-overview-ii\/#Medicinal_Veterinary\" title=\"Medicinal &amp; Veterinary\">Medicinal &amp; Veterinary<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-9\" href=\"https:\/\/legalblog.ie\/patent-overview-ii\/#Unwarranted_Threats\" title=\"Unwarranted Threats\">Unwarranted Threats<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-10\" href=\"https:\/\/legalblog.ie\/patent-overview-ii\/#Various_Remedies\" title=\"Various Remedies\">Various Remedies<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-11\" href=\"https:\/\/legalblog.ie\/patent-overview-ii\/#Revocation_of_Patent\" title=\"Revocation of Patent\">Revocation of Patent<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-12\" href=\"https:\/\/legalblog.ie\/patent-overview-ii\/#Revocation_Procedure\" title=\"Revocation Procedure\">Revocation Procedure<\/a><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-13\" href=\"https:\/\/legalblog.ie\/patent-overview-ii\/2\/#PATENTS_ACT_1992\" title=\"PATENTS ACT, 1992\">PATENTS ACT, 1992<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-14\" href=\"https:\/\/legalblog.ie\/patent-overview-ii\/2\/#Interpretation\" title=\"Interpretation.\">Interpretation.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-15\" href=\"https:\/\/legalblog.ie\/patent-overview-ii\/2\/#PROVISIONS_AS_TO_PATENTS_AFTER_GRANT\" title=\"PROVISIONS AS TO PATENTS AFTER GRANT\">PROVISIONS AS TO PATENTS AFTER GRANT<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-16\" href=\"https:\/\/legalblog.ie\/patent-overview-ii\/2\/#Term_of_patent\" title=\"Term of patent.\">Term of patent.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-17\" href=\"https:\/\/legalblog.ie\/patent-overview-ii\/2\/#Restoration_of_lapsed_patents\" title=\"Restoration of lapsed patents.\">Restoration of lapsed patents.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-18\" href=\"https:\/\/legalblog.ie\/patent-overview-ii\/2\/#Amendment_after_grant\" title=\"Amendment after grant.\">Amendment after grant.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-19\" href=\"https:\/\/legalblog.ie\/patent-overview-ii\/2\/#Surrender_of_patent\" title=\"Surrender of patent.\">Surrender of patent.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-20\" href=\"https:\/\/legalblog.ie\/patent-overview-ii\/2\/#THE_EFFECTS_OF_A_PATENT_AND_A_PATENT_APPLICATION\" title=\"THE EFFECTS OF A PATENT AND A PATENT APPLICATION\">THE EFFECTS OF A PATENT AND A PATENT APPLICATION<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-21\" href=\"https:\/\/legalblog.ie\/patent-overview-ii\/2\/#Prevention_of_direct_use_of_invention\" title=\"Prevention of direct use of invention.\">Prevention of direct use of invention.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-22\" href=\"https:\/\/legalblog.ie\/patent-overview-ii\/2\/#Prevention_of_indirect_use_of_invention\" title=\"Prevention of indirect use of invention.\">Prevention of indirect use of invention.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-23\" href=\"https:\/\/legalblog.ie\/patent-overview-ii\/2\/#Limitation_of_effect_of_patent\" title=\"Limitation of effect of patent.\">Limitation of effect of patent.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-24\" href=\"https:\/\/legalblog.ie\/patent-overview-ii\/2\/#Limitation_of_rights\" title=\"Limitation of rights.\">Limitation of rights.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-25\" href=\"https:\/\/legalblog.ie\/patent-overview-ii\/2\/#Rights_conferred_by_patent_application_after_publication\" title=\"Rights conferred by patent application after publication.\">Rights conferred by patent application after publication.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-26\" href=\"https:\/\/legalblog.ie\/patent-overview-ii\/2\/#Extent_of_protection\" title=\"Extent of protection.\">Extent of protection.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-27\" href=\"https:\/\/legalblog.ie\/patent-overview-ii\/2\/#Burden_of_proof\" title=\"Burden of proof.\">Burden of proof.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-28\" href=\"https:\/\/legalblog.ie\/patent-overview-ii\/2\/#INFRINGEMENT\" title=\"INFRINGEMENT\">INFRINGEMENT<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-29\" href=\"https:\/\/legalblog.ie\/patent-overview-ii\/2\/#Action_for_infringement_of_patent\" title=\"Action for infringement of patent.\">Action for infringement of patent.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-30\" href=\"https:\/\/legalblog.ie\/patent-overview-ii\/2\/#Proceedings_for_infringement_by_co-owner\" title=\"Proceedings for infringement by co-owner.\">Proceedings for infringement by co-owner.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-31\" href=\"https:\/\/legalblog.ie\/patent-overview-ii\/2\/#Restrictions_on_recovery_of_damages_for_infringement\" title=\"Restrictions on recovery of damages for infringement.\">Restrictions on recovery of damages for infringement.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-32\" href=\"https:\/\/legalblog.ie\/patent-overview-ii\/2\/#Relief_for_infringement_of_partially_valid_patent\" title=\"Relief for infringement of partially valid patent.\">Relief for infringement of partially valid patent.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-33\" href=\"https:\/\/legalblog.ie\/patent-overview-ii\/2\/#Proceedings_for_infringement_by_exclusive_licensee\" title=\"Proceedings for infringement by exclusive licensee.\">Proceedings for infringement by exclusive licensee.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-34\" href=\"https:\/\/legalblog.ie\/patent-overview-ii\/2\/#Certificate_of_contested_validity_of_patent\" title=\"Certificate of contested validity of patent.\">Certificate of contested validity of patent.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-35\" href=\"https:\/\/legalblog.ie\/patent-overview-ii\/2\/#Remedy_for_groundless_threats_of_infringement_proceedings\" title=\"Remedy for groundless threats of infringement proceedings.\">Remedy for groundless threats of infringement proceedings.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-36\" href=\"https:\/\/legalblog.ie\/patent-overview-ii\/2\/#Power_of_Court_to_make_declaration_as_to_non-infringement\" title=\"Power of Court to make declaration as to non-infringement.\">Power of Court to make declaration as to non-infringement.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-37\" href=\"https:\/\/legalblog.ie\/patent-overview-ii\/2\/#Right_to_continue_use_begun_before_date_of_filing_or_priority\" title=\"Right to continue use begun before date of filing or priority.\">Right to continue use begun before date of filing or priority.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-38\" href=\"https:\/\/legalblog.ie\/patent-overview-ii\/2\/#Action_for_infringement_of_published_application\" title=\"Action for infringement of published application.\">Action for infringement of published application.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-39\" href=\"https:\/\/legalblog.ie\/patent-overview-ii\/2\/#REVOCATION\" title=\"REVOCATION\">REVOCATION<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-40\" href=\"https:\/\/legalblog.ie\/patent-overview-ii\/2\/#Application_for_revocation_of_patent\" title=\"Application for revocation of patent.\">Application for revocation of patent.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-41\" href=\"https:\/\/legalblog.ie\/patent-overview-ii\/2\/#Grounds_for_revocation\" title=\"Grounds for revocation.\">Grounds for revocation.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-42\" href=\"https:\/\/legalblog.ie\/patent-overview-ii\/2\/#Examination_of_application_for_revocation\" title=\"Examination of application for revocation.\">Examination of application for revocation.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-43\" href=\"https:\/\/legalblog.ie\/patent-overview-ii\/2\/#Controllers_power_to_revoke_patents_on_his_own_initiative\" title=\"Controller&#8217;s power to revoke patents on his own initiative\">Controller&#8217;s power to revoke patents on his own initiative<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-44\" href=\"https:\/\/legalblog.ie\/patent-overview-ii\/2\/#Circumstances_in_which_validity_of_patent_may_be_put_in_issue\" title=\"Circumstances in which validity of patent may be put in issue.\">Circumstances in which validity of patent may be put in issue.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-45\" href=\"https:\/\/legalblog.ie\/patent-overview-ii\/2\/#Controller_to_be_given_notice_of_Court_proceedings\" title=\"Controller to be given notice of Court proceedings.\">Controller to be given notice of Court proceedings.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-46\" href=\"https:\/\/legalblog.ie\/patent-overview-ii\/2\/#PROPERTY_IN_PATENT_APPLICATIONS_AND_PATENTS_CONTRACT_CONDITIONS\" title=\"PROPERTY IN PATENT APPLICATIONS AND PATENTS CONTRACT CONDITIONS\">PROPERTY IN PATENT APPLICATIONS AND PATENTS CONTRACT CONDITIONS<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-47\" href=\"https:\/\/legalblog.ie\/patent-overview-ii\/2\/#Nature_of_patent_applications_and_patents\" title=\"Nature of patent applications and patents.\">Nature of patent applications and patents.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-48\" href=\"https:\/\/legalblog.ie\/patent-overview-ii\/2\/#Determination_of_entitlement_to_patents_etc\" title=\"\nDetermination of entitlement to patents, etc.\">\nDetermination of entitlement to patents, etc.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-49\" href=\"https:\/\/legalblog.ie\/patent-overview-ii\/2\/#Effect_of_change_of_proprietorship\" title=\"\nEffect of change of proprietorship.\">\nEffect of change of proprietorship.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-50\" href=\"https:\/\/legalblog.ie\/patent-overview-ii\/2\/#Avoidance_of_certain_conditions_in_contracts\" title=\"\nAvoidance of certain conditions in contracts.\">\nAvoidance of certain conditions in contracts.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-51\" href=\"https:\/\/legalblog.ie\/patent-overview-ii\/2\/#REGISTER_OF_PATENTS_EVIDENCE_OF_REGISTER_DOCUMENTS_ETC\" title=\"REGISTER OF PATENTS; EVIDENCE OF REGISTER, DOCUMENTS, ETC.\">REGISTER OF PATENTS; EVIDENCE OF REGISTER, DOCUMENTS, ETC.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-52\" href=\"https:\/\/legalblog.ie\/patent-overview-ii\/2\/#Register_of_patents\" title=\"Register of patents.\">Register of patents.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-53\" href=\"https:\/\/legalblog.ie\/patent-overview-ii\/2\/#Assignment_etc_of_patent_applications_and_patents\" title=\"\nAssignment, etc. of patent applications and patents.\">\nAssignment, etc. of patent applications and patents.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-54\" href=\"https:\/\/legalblog.ie\/patent-overview-ii\/2\/#Power_of_Court_to_amend_register\" title=\"\nPower of Court to amend register.\">\nPower of Court to amend register.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-55\" href=\"https:\/\/legalblog.ie\/patent-overview-ii\/2\/#Certificate_of_Controller_and_certified_copies_of_documents_to_be_evidence\" title=\"Certificate of Controller and certified copies of documents to be evidence.\">Certificate of Controller and certified copies of documents to be evidence.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-56\" href=\"https:\/\/legalblog.ie\/patent-overview-ii\/2\/#Information_about_and_inspection_of_patent_applications_and_patents\" title=\"Information about and inspection of patent applications and patents.\">Information about and inspection of patent applications and patents.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-57\" href=\"https:\/\/legalblog.ie\/patent-overview-ii\/2\/#Request_for_search\" title=\"\nRequest for search.\">\nRequest for search.<\/a><\/li><\/ul><\/li><\/ul><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Rights_Conferred\"><\/span>Rights Conferred<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>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.<\/p>\n<p>A patent while it is in force shall confer on its proprietor the right to prevent all third parties not having his consent from doing in the State all or any of the things following:<\/p>\n<ul>\n<li>making, offering, putting on the market or using a product which is the subject-matter of the patent, or importing or stocking the product for those purposes;<\/li>\n<li>using a process which is the subject-matter of the patent, or, when the third party knows, or it is obvious to a reasonable person in the circumstances, that the use of the process is prohibited without the consent of the proprietor of the patent, offering the process for use in the State;<\/li>\n<li>offering, putting on the market, using or importing, or stocking for those purposes, products obtained directly by a process which is the subject matter of the patent.<\/li>\n<\/ul>\n<p>As with other intangible property rights, patent rights are protected principally by legal action or the threat of legal action. The patent owner can assert his rights by restraining the infringement of the patent.<\/p>\n<p>Patents legislation prohibits third parties from doing the following acts, in relation to the product, the subject of the patent, without the consent of the patent holder;<\/p>\n<ul>\n<li>making the product<\/li>\n<li>marketing, offering for sale or using the \u00a0product;<\/li>\n<li>importing or stocking the product for the purposes of using it or offering it for sale;<\/li>\n<li>using a process protected by the patent;<\/li>\n<li>offering for sale, marketing, using, importing or stocking a product obtained directly as a result of a patented process.<\/li>\n<\/ul>\n<p>The prohibition is wide and applies to manufacturers, distributors, retailers and users.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Scope_of_Patent\"><\/span>Scope of Patent<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The scope and extent of the patent and the rights which it thereby confers depend on the underlying patent claim. The interpretation of the patent is a matter for the courts. The description and drawings are used to interpret the claims. The courts interpret the patent claim as an objective document rather than by reference to what the parties who prepared and registered it might have intended.<\/p>\n<p>The courts may receive evidence from witnesses who are skilled in the area of interpreting the patent. The scope of the patent must be interpreted from the viewpoint of a skilled in the relevant field or discipline that the patent covers. Ultimately, the court interprets the patent itself, with the assistance of expert evidence where appropriate, \u00a0in much the same way as any contract of other legal documents.<\/p>\n<p>A patent application may be amended. It must not be amended to introduce something exceeding that disclosed in the original specification.\u00a0 Where it is intended to apply for an amendment, this must be advertised. Third parties may oppose the amendment if the extent of the protections impacts them.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Indirect_Infringement\"><\/span>Indirect Infringement<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A patent, while it is in force, confers on its proprietor the right to prevent all third parties not having his consent from supplying or offering to supply in the State a person, other than a party entitled to exploit the patented invention, with means, relating to an essential element of that invention, for putting it into effect therein, when the third party knows, or it is obvious in the circumstances to a reasonable person, that the said means are suitable and intended for putting that invention into effect. This does not apply when the means referred to therein are staple commercial products, except when the third party induces the person supplied to commit acts that the proprietor of a patent is enabled to prevent.<\/p>\n<p>The patent legislation contains certain provisions which assist in proof of infringement. In particular, if a patent covers a process for obtaining a new product, the product shall be presumed to have been obtained as a result of the patented process. In some circumstances where legitimate manufacturing or business secrets are involved, the court can consider evidence in the absence of the other party.<\/p>\n<p>Certain categories of persons who are not involved in direct acts of infringement may be subject to legal action and restraint by the patent owner if they commit so-called \u201csecondary\u201d infringement. This includes knowingly supplying the means of creating an infringing product (e.g. instructions to assemble an infringing product).<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Remedies\"><\/span>Remedies<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Compensatory damages and an account of profits are alternatives and cannot be granted together. An injunction is always discretionary. Under general equitable principles, it is possible to apply to the court for a temporary injunction, before the full hearing of a legal action where it is necessary to protect the critical interests of one party. This may be granted, but the applicant must usually give an undertaking in respect of damages in the event that he is unsuccessful in the ultimate trial of the matter.<\/p>\n<p>An exclusive licence holder has the right to take action for infringement in the same way as the owner. The extent of his loss takes account of the extent of the rights concerned.<\/p>\n<p>Where the patent renewal fees are unpaid, or a decision on the amendment of the specification is pending, the court may refuse an award of compensation unless it is satisfied that the specification as originally published was framed in good faith.<\/p>\n<p>A patent lapses by failure to pay renewal fees. It may be restored, on which outstanding fees must be paid. There are restrictions on infringement proceedings during the period in which the patent has lapsed.<\/p>\n<p>EU legislation provides for information disclosure orders to assist enforcement. These can be made against parties who are suspected of being involved in the infringement.<\/p>\n<p>A final injunction may be granted in a patent case. The injunction is protective of the legal rights as decided in the trial of the matter. See our chapter on the grounds on which injunctions are granted by the courts, both pre-trial and at the conclusion of a full hearing.<\/p>\n<p>An account of profits is effectively a forced payment to the patent owner, of the profits made by the person who has infringed the patent. It may be determined by a royalty rate equivalent to what would otherwise be commercially available had the infringer sought a licence to use the patent. .<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Liability_Orders\"><\/span>Liability &amp; Orders<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Persons who infringe a patent are legally liable to the owner and \/or a licensee or assignee of the owner for the sanctions and remedies provided by law. (see below). The current owner or an exclusive licensee may take legal action. Where an assignment or licensee of the patent has not been registered, there may be delays and practical disadvantages in the context of enforcement action.<\/p>\n<p>The owner (or exclusive licensee) of a patent may apply to the court for orders to assert and protect his rights. The court may<\/p>\n<ul>\n<li>make an order to stop infringement;<\/li>\n<li>require products to be delivered up or destroyed;<\/li>\n<li>award monetary compensation;<\/li>\n<li>require the infringer to account for profits derives<\/li>\n<li>a declaration that the patent is valid and has been infringed<\/li>\n<\/ul>\n<p>The court can appoint an assessor to assist it in determining the case.<\/p>\n<p>A court may order that goods which infringe a patent be delivered to the patent owner or destroyed.. An order may be made requiring the product to be varied so as to be not infringing.<\/p>\n<p>The court may order the destruction of things used in the creation and manufacture of the infringing products.<\/p>\n<p>Where the patent has been infringed, the court may order the publication of the order at the defendant\u2019s expense.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Defences\"><\/span>Defences<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>If the person infringing the patent had no reasonable grounds for believing that the patent existed, damages and an account of profits are not ordered. The onus is on the infringer to prove that he had no reasonable grounds for believing that a patent existed.<\/p>\n<p>A person shall not be deemed to have been so aware or to have had reasonable grounds for so supposing by reason only of the application to a product of the word &#8220;patent&#8221; or &#8220;patented&#8221; or any word or words expressing or implying that a patent has been obtained for the product unless the number of the relevant patent accompanied the word or words in question. However, there may be other grounds which denied this defence.<\/p>\n<p>Where a patent is found only partly valid, the court may make orders in relation to the part found valid and infringed.\u00a0 The court may direct that the specification be amended Where the patent is challenged in court and found to be wholly or partly valid, the court may certify this fact.<\/p>\n<p>Where a patent is found partly invalid, the court may make orders in relation to the part found valid damages or costs may not be awarded save that the\u00a0 Court has the discretion to grant costs and damages from a later date if the claimants prove the specification was framed in good faith and with reasonable skill and knowledge. The court may direct the specification to be amended.<\/p>\n<p>When infringement proceedings are brought, the defendant can challenge the validity of the patent. If the patent is found to be invalid, it can be revoked.<\/p>\n<p>Where a person is doing something in the course of a business before the date of application for a patent, in good faith or is making good faith preparations to do so, he may continue to do so after the grant of the patent. The right to continue prior use may be passed on on death or continued through a partnership or a company. The prior use right is limited to the State.<\/p>\n<p>The rights conferred by patents do not extend to restrict acts done privately for non-commercial and experimental purposes. Commercial purposes are prospectively wide. Things\u00a0 done that may have a prospective commercial benefit may not qualify.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"EU_Defences\"><\/span>EU Defences<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Under European Union law, if goods have been lawfully marketed and sold in one EU country, they are generally thereby in free circulation and may be circulated throughout the European Union. The holder of a patent cannot prevent the importation of products lawfully in circulation in the EU with the consent of the patent owners or other authorised persons.<\/p>\n<p>The goods may have been put on the market in another EU state by a licensee who is authorised to distribute the goods in that member state by the patented holder or with his consent. The patent cannot be used to prevent the parallel importation of such goods by reason of the overriding principle of free movement of goods under EU law.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Medicinal_Veterinary\"><\/span>Medicinal &amp; Veterinary<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The preparation of medicine and pharmacy in an individual case in accordance with a medical prescription is exempted. Experimental purposes relating to the patent that invention may be directed at discovering something that is not known, testing a hypothesis.<\/p>\n<p>Patent rights do not apply to restrict studies done to fulfil the requirements in relation to marketing and authorisation of a medicinal product for human or veterinary use. The preparation of medicines in a pharmacy in accordance with a medical prescription does not infringe the underlying patent.<\/p>\n<p>There are a number of other exemptions applicable to medicinal and veterinary products. Acts done by way of necessary studies, tests and trials with a view to satisfying various pieces of EU legislation the not breach the patent concerned.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Unwarranted_Threats\"><\/span>Unwarranted Threats<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Whether a person, whether entitled to a patent or not, threatens another person with legal proceedings, an application may be made to the court to restrain proceedings so that the person alleging the infringement must prove that the alleged acts constitute infringement and the patent is not shown to be valid.<\/p>\n<p>Unless in any action brought by virtue of this section the defendant proves that the acts in respect of which proceedings were threatened constitute or, if done, would constitute an infringement of a patent, the plaintiff shall be entitled to the following relief, that is to say\u2014<\/p>\n<ul>\n<li>a declaration to the effect that the threats complained of was unjustifiable;<\/li>\n<li>an injunction against the continuance of the threats; and<\/li>\n<li>such damages, if any, as have been sustained by him by reason of the threats.<\/li>\n<\/ul>\n<p>Proceedings may not be brought under this provision as regards\u2014\u00a0 a threat to bring proceedings for an infringement alleged to consist of making or importing a product for disposal or of using a process, or a threat, made to a person who made or imported a product for disposal or used a process, to bring proceedings for an infringement alleged to consist of doing anything else in relation to that product or process.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Various_Remedies\"><\/span>Various Remedies<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>It is possible to apply to the court for a declaration that a particular act does not constitute an infringement. An application must first be made to the proprietor or licensee seeking an acknowledgement in writing to \u00a0this effect, which has not been accepted. The validity of a patent may not be challenged in these proceedings.<\/p>\n<p>An application can be made for infringement of a published application. It must relate to something done after the date of publication and before the grant. Remedies equivalent to those mentioned above may be granted for infringement.<\/p>\n<p>In considering the amount of any damages to be awarded in proceedings under this section, the Court appropriate court shall consider whether or not it would have been reasonable to expect, from a consideration of the application as published u, that a patent would be granted conferring on the proprietor of the patent protection only from an act of the same description as that found to have infringed those rights, and if the Court appropriate court finds that it would not have been reasonable so to expect, it shall reduce the damages to such an amount as it thinks fit.<\/p>\n<p>There are procedures for requesting Customs authorities to detain infringing items. The Authorities must be notified of the relevant details of the act. They must be given an indemnity.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Revocation_of_Patent\"><\/span>Revocation of Patent<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Any person may apply to court or the Controller to revoke a patent. The principal ground is that the invention is not patentable.<\/p>\n<p>The validity of a patent may be put in issue by way of defence in proceedings. It can also be raised in issues relating to threats of infringement proceedings for revocation and disputes as to the rights of the State to use the invention.<\/p>\n<p>Where court proceedings are pending, the application may not be made to the controller. Where an application is pending before the controller, the applicant may not apply to court unless this is agreed or the controller certifies in writing that the matter should more properly be dealt with by the court.<\/p>\n<p>The grounds for revocation include the following;<\/p>\n<ul>\n<li>the invention was not patentable,<\/li>\n<li>the specification does not disclose an invention in a sufficiently clear and complete manner to be carried into effect by a person skilled in the art;<\/li>\n<li>the matter disclosed in the specification of the patent extends beyond that disclosed in the application as filed<\/li>\n<li>protection has been extended by an invalid amendment;<\/li>\n<li>the proprietor of the patent is not entitled to it.<\/li>\n<\/ul>\n<p>In this latter case, the person must have a declaration as to his own entitlement.<\/p>\n<p>Where a patent is being challenged in the European Patents Office, proceedings in Ireland may be adjourned until the matter is determined. Revocation would have an automatic effect in Ireland.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Revocation_Procedure\"><\/span>Revocation Procedure<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Due process and fair procedures apply to proceedings before the controller for the revocation of a patent. Both parties are entitled to be heard. The controller may hear evidence by statutory declaration. Party may apply for an oral hearing. The controller has the power to summon witnesses and require the production of documents. Witnesses are obliged to respond in the same manner as court proceedings.<\/p>\n<p>Where the application is made to the controller, the controller has the power to award costs.<\/p>\n<p>The controller can revoke a patent on his own initiative. This does not by itself necessarily plans the validity of the patent as other grounds of five.<\/p>\n<p>Procedures apply to proposals to revoke. He must first give the owner an opportunity to make observations and to amend the patent so as to exclude any matters which do not qualify.<\/p>\n<p>If a patent under the Irish legislation and the European patent designating the state has been granted for the same priority and were filed by the same parties, the controller may give the party concerned the opportunity to make observations.<\/p>\n<p>The Controller is to be given notice of court proceedings for infringement.<\/p>\n<p><!--nextpage--><\/p>\n<h2>PATENTS ACT, 1992<\/h2>\n<p>&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8211;<\/p>\n<p>AN ACT TO MAKE NEW PROVISION IN RESPECT OF PATENTS AND RELATED MATTERS IN SUBSTITUTION FOR THE PROVISIONS OF THE PATENTS ACTS, 1964 AND 1966; TO ENABLE EFFECT TO BE GIVEN TO CERTAIN INTERNATIONAL CONVENTIONS ON PATENTS; AND TO PROVIDE FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [27th February, 1992]<\/p>\n<p>BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:<\/p>\n<p>PART I<\/p>\n<p>PRELIMINARY AND GENERAL<\/p>\n<p>&nbsp;<\/p>\n<p>Short title and commencement.<br \/>\n1. \u2014(1) This Act may be cited as the Patents Act, 1992 .<\/p>\n<p>(2) Except as otherwise provided, this Act shall come into operation on such day as the Minister may by order appoint.<\/p>\n<h4>Interpretation.<\/h4>\n<p>2. \u2014(1) In this Act, except where the context otherwise requires\u2014 &#8220;the Act of 1964&#8221; means the Patents Act, 1964 ;<br \/>\n\u201cAgreement establishing the World Trade Organisation\u201d means the Agreement establishing the World Trade Organisation done at Marrakesh on 15 April 1994, as amended or supplemented by any protocol to that Agreement which is for the time being in force in the State;\uf02a<br \/>\n&#8220;applicant&#8221;, in relation to an application under this Act, means the person making the application and includes a person whose title has been registered under section 85 or in relation to whose title a direction has been given under that section and the personal representative of a deceased person by whom such an application is made;<\/p>\n<p>&#8220;application for a European patent&#8221; means an application made under the European Patent Convention;<\/p>\n<p>\uf02a Patents Amendment Act 2006 [31\/2006]<\/p>\n<p>\u2018appropriate court\u2019 means\u2014<\/p>\n<p>(a) the District Court, where the damages or the value of the other relief sought in any action to which the application relates is not liable to exceed such sum as stands specified by an enactment to be the jurisdiction of the District Court for actions in contract or tort,<br \/>\n(b) the Circuit Court, where the damages or the value of the other relief sought in any action to which the application relates is not liable to exceed such sum as stands specified by an enactment to be the jurisdiction of the Circuit Court for actions in contract or tort, and<br \/>\n(c) in any other case, the High Court;<\/p>\n<p>&#8220;assignee&#8221; includes the personal representative of a deceased assignee, and references to the assignee of any person include references to the assignee of the personal representative or assignee of that person;<\/p>\n<p>\u201cBoard of Appeal\u201d means a Board of Appeal referred to in Article 21 of the European Patent Convention;\uf02a<br \/>\n&#8220;commercially worked&#8221; means the manufacture of the product or the carrying on of the process which is the subject of a patent in or by means of a definite and substantial establishment or organisation, and on a scale which is adequate and reasonable in all the circumstances;<\/p>\n<p>&#8220;company&#8221; means a company within the meaning of section 2 of the Companies Act, 1963 , or any other body corporate whether incorporated inside or outside the State;<\/p>\n<p>&#8220;the Controller&#8221; means the Controller of Patents, Designs and Trade Marks;<\/p>\n<p>\u2018Controller\u2019 means the Controller of Intellectual Property;<\/p>\n<p>&#8220;Convention on International Civil Aviation&#8221; means the Convention on International Civil Aviation signed at Chicago on the 7th day of December, 1944;<\/p>\n<p>&#8220;the Court&#8221; means the High Court and, in relation to proceedings to which section 66 applies, includes the Circuit Court;<\/p>\n<p>&#8220;date of filing&#8221; means\u2014<\/p>\n<p>( a ) in relation to an application for a patent made under this Act, the date which is the date of filing of the application by virtue of the relevant provision of this Act, and<\/p>\n<p>( b ) in relation to any other application, the date which, under the law of the country where the application is made or in accordance with the terms of a treaty or convention to which the country is a party, is to be treated as the date of filing the application or is equivalent to the date of filing an application in that country;<\/p>\n<p>&nbsp;<\/p>\n<p>\uf02a Patents Amendment Act 2006 [31\/2006]<br \/>\nCopyright and Other Intellectual Property Law Provisions Act 2019<\/p>\n<p>&#8220;date of priority&#8221; means the earliest date which has been claimed for priority purposes in accordance with section 26;<\/p>\n<p>&#8220;designate&#8221; means\u2014<\/p>\n<p>(i) in relation to an application for a patent, designate (in pursuance of the European Patent Convention or the Treaty, as the case may be) the state or states in which protection is sought for an invention, and includes a reference to a country being treated as designated in pursuance of the European Patent Convention or the Treaty;\uf02a<br \/>\n(ii) in relation to a patent, designate (in pursuance of the European Patent Convention) the state or states in which the patent has effect;<\/p>\n<p>&#8220;director&#8221; includes any person occupying the position of director (by whatever name called) of any body corporate;<\/p>\n<p>&#8220;divisional application&#8221; has the meaning assigned to it by section 24;<\/p>\n<p>\u2018EEA Agreement\u2019 means the Agreement on the European Economic Area signed at Oporto on 2 May 1992, as adjusted by all subsequent amendments to that Agreement:<\/p>\n<p>\u2018EEA state\u2019 means\u2014<\/p>\n<p>(a) a Member State (other than the State), or<\/p>\n<p>(b) a state (other than a Member State) that is a contracting party to the EEA agreement; \uf02a<br \/>\n\u201cEnlarged Board of Appeal\u201d means the Enlarged Board of Appeal referred to in Article 22 of the European Patent Convention;\uf02a<br \/>\n&#8220;the European list&#8221; means the list of professional representatives maintained by the European Patent Office in pursuance of the European Patent Convention;<\/p>\n<p>&#8220;European patent&#8221; means a patent granted under the European Patent Convention;<\/p>\n<p>&#8220;European Patent Bulletin&#8221; means the bulletin of that name published under the European Patent Convention;<\/p>\n<p>&#8220;European Patent Convention&#8221; means the Convention on the Grant of European Patents signed at Munich on the 5th day of October, 1973 as amended for the time being;\uf02a<br \/>\n&#8220;European Patent Office&#8221; means the office of that name established by the European Patent Convention;<\/p>\n<p>&nbsp;<\/p>\n<p>&nbsp;<\/p>\n<p>\uf02a Patents Amendment Act 2006 [31\/2006] , \uf02a S.I. 579\/2015 European Communities (Patent Agents) Regulations 2015<\/p>\n<p>&#8220;exclusive licence&#8221; means a licence from a proprietor of or applicant for a patent which confers on the licensee or on the licensee and persons authorized by him, to the exclusion of all other persons (including the proprietor of or applicant for the patent), any right in respect of the invention and &#8220;exclusive licensee&#8221; and &#8220;non-exclusive licence&#8221; shall each be construed accordingly;<\/p>\n<p>&#8220;functions&#8221; includes powers and duties;<\/p>\n<p>&#8220;international application for a patent&#8221; means an application made under the Treaty;<\/p>\n<p>&#8220;inventor&#8221; means the actual deviser of an invention and &#8220;joint inventor&#8221; shall be construed accordingly;<\/p>\n<p>&#8220;the Journal&#8221; means the Patents Office Journal;<br \/>\n\u201cmember of the World Trade Organisation\u201d means a party to the Agreement establishing the World Trade Organisation;\uf02a<br \/>\n&#8220;the Minister&#8221; means the Minister for Industry and Commerce; &#8220;the Office&#8221; means the Patents Office;<br \/>\n\u2018Office\u2019 means the Intellectual Property Office of Ireland;<\/p>\n<p>&#8220;the Paris Convention for the Protection of Industrial Property&#8221; means the convention of that name signed at Paris on the 20th day of March, 1883, as amended or supplemented by any protocol to that convention which is for the time being in force in the State;<\/p>\n<p>&#8220;patent&#8221; means an exclusive right conferred pursuant to Part II or Part III;<\/p>\n<p>\u2018patent agent\u2019 except in section 94 has the meaning assigned to it by section 105 and a reference to a patent agent in this Act (except in section 94) or any other enactment shall be construed as including a reference to a patent attorney; \uf02a<br \/>\n&#8220;patent application&#8221; means an application under Part II or Part III for a patent;<\/p>\n<p>&#8220;prescribed&#8221; means, in the case of proceedings before the Court the appropriate court, prescribed by rules of court, and, in any other case, prescribed by rules made under this Act;<br \/>\n&#8220;proprietor of the patent&#8221; means the person to whom the patent was granted or the person whose title is subsequently registered under section 85;<br \/>\n&#8220;published&#8221;\u2014<\/p>\n<p>( a ) in relation to any document which is required to be published under this Act, means made available to the public and includes the making available for inspection of the document as of right, at the Office and such other place (if<\/p>\n<p>\uf02a Patents Amendment Act 2006 [31\/2006] , \uf02a S.I. 579\/2015 European Communities (Patent Agents) Regulations 2015<\/p>\n<p>any) as may be for the time being specified for the purpose by the Minister, by the public, whether on payment of a fee or not, and<\/p>\n<p>( b ) in relation to any other document, matter, record or information which the Controller is authorized to publish means made available to the public and includes the making available of the document, matter, record or information in any form at the Office and such other place (if any) as may be for the time being specified for the purpose by the Minister, whether on payment of a fee or not;<\/p>\n<p>&#8220;the register&#8221; means the Register of Patents or the register of patent agents, as may be appropriate;<\/p>\n<p>&#8220;right&#8221;, in relation to any patent or application, includes an interest in the patent or application and, without prejudice to the foregoing, any reference in this Act to a right in a patent includes a reference to a share in the patent;<\/p>\n<p>&#8220;the Treaty&#8221; means the treaty known as the Patent Co-operation Treaty signed at Washington on the 19th day of June, 1970;<\/p>\n<p>\u201cTRIPs Agreement\u201d means the Agreement on Trade- Related Aspects of Intellectual Property Rights annexed to the Agreement establishing the World Trade Organisation;\uf02a<br \/>\n&#8220;Union of Paris for the Protection of Industrial Property&#8221; means the union established by the Paris Convention for the Protection of Industrial Property.<\/p>\n<p>(2) In this Act, unless otherwise indicated\u2014<\/p>\n<p>( a ) a reference to a Part, section or Schedule is to a Part, section or Schedule of this Act,<br \/>\n( b ) a reference to a subsection is a reference to a subsection of the section in which the reference occurs.<\/p>\n<p>&nbsp;<\/p>\n<p>&nbsp;<\/p>\n<p>&nbsp;<\/p>\n<p>CHAPTER V<\/p>\n<h4>PROVISIONS AS TO PATENTS AFTER GRANT<\/h4>\n<h4>Term of patent.<\/h4>\n<p>36. \u2014(1) A patent shall take effect on the date on which notice of its grant is published in the Journal and, subject to subsection (2), shall continue in force until the end of the period of twenty years beginning with the date of filing of the patent application.<br \/>\n(2) A patent shall lapse at the end of the period prescribed for payment of any renewal fee if the fee is not paid within that period or within that period as extended under this section.<\/p>\n<p>\uf02a Patents Amendment Act 2006 [31\/2006]<\/p>\n<p>(3) The period prescribed for payment of any renewal fee shall be extended by such period, not being a period of more than six months, as may be specified in a request made in that behalf by or on behalf of the proprietor of the patent to the Controller if the request is made and the prescribed additional fee paid before the expiration of the period of extension so specified.<\/p>\n<p>(4) The Minister may by order alter the period for which a patent shall remain in force for the purpose of giving effect to a provision of any international treaty, convention or agreement relating to the term of protection of a patent to which the State is or proposes to become a party.<\/p>\n<h4>Restoration of lapsed patents.<\/h4>\n<p>37. \u2014(1) Where a patent has lapsed by reason of a failure to pay any renewal fee within the prescribed period or within that period as extended under section 36 (3), an application may be made to the Controller, within two years from the date on which the patent lapsed, for the restoration of the patent.<\/p>\n<p>(2) An application under this section may be made by the person who was the proprietor of the patent or by his personal representative, and where the patent was held by two or more persons jointly, the application may, with the leave of the Controller, be made by one or more of them without joining the others.<\/p>\n<p>(3) An application under this section shall contain a statement (to be verified in such manner as may be prescribed) fully setting out the circumstances which led to the failure to pay the renewal fee, and the Controller may require from the applicant such further evidence as he may think necessary.<\/p>\n<p>(4) If the Controller is satisfied that the failure to pay the renewal fee was prima facie unintentional, that reasonable care had been taken to ensure payment of the fee within the prescribed period and that there has not been undue delay in the making of the application, he shall advertise the application in the Journal, and within the prescribed period any person may give notice to the Controller of opposition thereto.<\/p>\n<p>(5) If notice of opposition is duly given under this section, the Controller shall notify the applicant and shall determine the question.<\/p>\n<p>(6) If the Controller decides to allow an application under this section for restoration, he shall upon payment of any unpaid renewal fee and of such additional fee as may be prescribed, make a restoration order in accordance with the application.<\/p>\n<p>(7) An order under this section for the restoration of a patent\u2014<\/p>\n<p>( a ) may be made subject to such conditions as the Controller thinks fit, including in particular a condition requiring the entry in the register of any matter in respect of which the provisions of this Act as to entries in the register is not complied with; and<\/p>\n<p>( b ) shall be subject to such provisions as are prescribed for the protection of persons who, during the period beginning on the date on which the patent lapsed and ending on the date of the order under this section, may have begun to avail themselves of the invention which is the subject of the patent,<\/p>\n<p>and if any condition to which an order under this section is subject is not complied with by the proprietor of the patent, the Controller may revoke the order and give such directions consequential on the revocation as he thinks fit.<\/p>\n<p>(7) An order under this section for the restoration of a patent may be made subject to such conditions as the Controller thinks fit, including, in particular, a condition requiring the entry in the register of any matter in respect of which the provisions of this Act as to entries in the register is not complied with and if any condition to which an order under this section is subject is not complied with by the proprietor of the patent, the Controller may revoke the order and give such directions consequential on the revocation as he thinks fit.<\/p>\n<p>(8) An order under this section for the restoration of a patent shall have the following effect:<\/p>\n<p>(a) anything done under or in relation to the patent during the period beginning on the date on which the patent lapsed and ending on the date of an order under this section shall be treated as valid;<\/p>\n<p>(b) anything done during the period referred to in paragraph (a) which would have constituted an infringement if the patent had not lapsed shall be treated as an infringement\u2014<\/p>\n<p>(i) if it was done at a time when it was possible for the patent to be renewed during the period of extension specified for the purpose of section 36(3), or<\/p>\n<p>(ii) if it was a continuation or repetition of an earlier infringing act;<\/p>\n<p>(c) where, after the expiration of the period of extension specified for the purpose of section 36(3) and before the date of publication of the application for restoration of the patent in the Journal under subsection (4), a person\u2014<\/p>\n<p>(i) began in good faith to do an act which would constitute an infringement of the patent if it had not lapsed, or<\/p>\n<p>(ii) made in good faith effective and serious preparations to do such an act,<\/p>\n<p>the person 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 patent.<\/p>\n<p>(9) Paragraph (c) of subsection (8) does not extend to granting a licence to any person to do an act referred to in that paragraph.<\/p>\n<p>(10) If the act referred to in paragraph (c) of 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 the said paragraph (c) may\u2014<\/p>\n<p>(a) authorise that act to be done by any partner of that person for the time being in that business, and<\/p>\n<p>(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.<\/p>\n<p>(11) Where a product is disposed of by any person to another person in exercise of a right conferred by paragraph (c) of subsection (8) or by subsection (10), 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.\uf02a<\/p>\n<h4>Amendment after grant.<\/h4>\n<p>38. \u2014(1) Subject to the following provisions of this section, the Controller may, on an application made in the prescribed manner by the proprietor of a patent, allow the specification of the patent to be amended, subject to such terms as to advertising the proposed amendment and such other conditions, if any, as he thinks fit; provided that no such amendment shall be allowed where there are pending before the Court appropriate court or the Controller proceedings in which the validity of the patent has been or may be put in issue.<\/p>\n<p>(2) In any proceedings before the Court appropriate court or the Controller in which the validity of a patent is put in issue, the Court appropriate court or, as may be appropriate, the Controller may, subject to the following provisions of this section, allow the proprietor of the patent to amend the specification of the patent in such manner, and subject to such terms as to advertising the proposed amendment and as to costs, expenses or otherwise, as the Court appropriate court or the Controller thinks fit.<\/p>\n<p>(3) An amendment of a specification under this section shall be invalid to the extent that it extends the subject matter disclosed in the application as filed or the protection conferred by the patent.<\/p>\n<p>(4) An amendment of a specification under this section shall have effect and be deemed always to have had effect from the date of the grant of the patent.<\/p>\n<p>(5) Where an application for leave to amend a specification has been advertised in accordance with subsection (1) or (2), any person may give within the prescribed period notice to the Court appropriate court or the Controller, as may be appropriate, of his opposition to an amendment proposed by the proprietor of the patent, and if he does so shall notify the proprietor and the Court appropriate court or the Controller shall consider the opposition in deciding whether the amendment, or any other amendment, should be allowed.<\/p>\n<p>(6) Where an application for an order under this section is made to the Court appropriate court, the applicant shall notify the Controller who shall be entitled to appear and be heard on the hearing of the application and shall so appear if so directed by the Court appropriate court.<\/p>\n<p>&nbsp;<\/p>\n<p>Copyright and Other Intellectual Property Law Provisions Act 2019<\/p>\n<p>(7) In considering whether or not to allow an amendment proposed under this section the Court appropriate court or the Controller shall have regard to any relevant principles applicable under the European Patent Convention.\uf02a<\/p>\n<h4>Surrender of patent.<\/h4>\n<p>39. \u2014(1) A proprietor of a patent may at any time by written notice given to the Controller offer to surrender his patent.<\/p>\n<p>(2) Where an offer is made under this section, the Controller shall advertise the offer in the prescribed manner and any person interested may, within the prescribed period commencing on the date of the publication of the advertisement, give notice to the Controller of opposition to the proposed surrender.<\/p>\n<p>(3) Where notice of opposition is duly given under this section the Controller shall notify the proprietor of the patent and determine the question.<br \/>\n(4) Subject to subsection (3), if the Controller is satisfied that a patent may properly be surrendered, he may accept the offer.<\/p>\n<p>(5) As from the date when notice of acceptance is published in the Journal the patent shall cease to have effect but no action for infringement shall lie in respect of any act done before that date and no right to compensation shall accrue for any use of the patented invention before that date for the service of the State.<\/p>\n<p>CHAPTER VI<\/p>\n<h4>THE EFFECTS OF A PATENT AND A PATENT APPLICATION<\/h4>\n<h4>Prevention of direct use of invention.<\/h4>\n<p>40. \u2014A patent while it is in force shall confer on its proprietor the right to prevent all third parties not having his consent from doing in the State all or any of the things following:<\/p>\n<p>( a ) making, offering, putting on the market or using a product which is the subject-matter of the patent, or importing or stocking the product for those purposes;<\/p>\n<p>( b ) using a process which is the subject-matter of the patent, or, when the third party knows, or it is obvious to a reasonable person in the circumstances, that the use of the process is prohibited without the consent of the proprietor of the patent, offering the process for use in the State;<br \/>\n( c ) offering, putting on the market, using or importing, or stocking for those purposes, the product obtained directly by a process which is the subject-matter of the patent.<\/p>\n<p>&nbsp;<\/p>\n<p>&nbsp;<\/p>\n<p>\uf02a Patents Amendment Act 2006 [31\/2006]<\/p>\n<h4>Prevention of indirect use of invention.<\/h4>\n<p>41. \u2014(1) A patent while it is in force shall also confer on its proprietor the right to prevent all third parties not having his consent from supplying or offering to supply in the State a person, other than a party entitled to exploit the patented invention, with means, relating to an essential element of that invention, for putting it into effect therein, when the third party knows, or it is obvious in the circumstances to a reasonable person, that the said means are suitable and intended for putting that invention into effect.<\/p>\n<p>(2) Subsection (1) shall not apply when the means referred to therein are staple commercial products, except when the third party induces the person supplied to commit acts which the proprietor of a patent is enabled to prevent by virtue of section 40.<\/p>\n<p>(3) Persons performing acts referred to in paragraph (a), (b), or (c) of section 42 shall not be considered to be parties entitled to exploit an invention pursuant to subsection (1).<\/p>\n<h4>Limitation of effect of patent.<\/h4>\n<p>42. \u2014(1) The rights conferred by a patent shall not extend to\u2014 ( a ) acts done privately for non-commercial purposes;<br \/>\n( b ) acts done for experimental purposes relating to the subject-matter of the relevant patented invention;<\/p>\n<p>( c ) the extemporaneous preparation for individual cases in a pharmacy of a medicine in accordance with a medical prescription issued by a registered medical practitioner or acts concerning the medicine so prepared;<\/p>\n<p>( d ) the use on board vessels registered in any of the countries of the Union of Paris for the Protection of Industrial Property or in any of the members of the World Trade Organisation, other than the State, of the invention which is the subject of the patent, in the body of the vessel, in the machinery, tackle, gear and other accessories, when such vessels temporarily or accidentally enter the territorial waters of the State, provided that the invention is used in such waters exclusively for the needs of the vessel;<\/p>\n<p>( e ) the use of the invention which is the subject of the patent in the construction or operation of aircraft or land vehicles of countries of the Union of Paris for the Protection of Industrial Property or of members of the World Trade Organisation\uf02a, other than the State, or of such aircraft or land vehicle accessories when such aircraft or land vehicles temporarily or accidentally enter the State;<\/p>\n<p>( f ) the acts specified in Article 27 of the Convention on International Civil Aviation, where those acts concern the aircraft of countries, other than the State, benefiting from the provisions of that Article,<\/p>\n<p>\uf02a Patents Amendment Act 2006 [31\/2006]<\/p>\n<p>( g ) acts done in relation to the subject matter of the relevant patented invention which consist of:<\/p>\n<p>(i) acts done in conducting the necessary studies, tests and trials which are conducted with a view to satisfying the application requirements of paragraphs 1, 2, 3 and 4 of Article 10 of Directive 2001\/83\/EC of the European Parliament and of the Council of 6 November 2001 (as last amended by Directive 2004\/27\/EC of the European Parliament and of the Council of 31 March 2004) for a marketing authorisation in respect of a medicinal product for human use, or<\/p>\n<p>(ii) acts done in conducting the necessary studies, tests and trials which are conducted with a view to satisfying the application requirements of paragraphs 1 to 5 of Article 13 of Directive 2001\/82\/EC of the European Parliament and of the Council of 6 November 2001 (as last amended by Directive 2004\/28\/EC of the European Parliament and of the Council of 31 March 2004) for a marketing authorisation in respect of a veterinary medicinal product, or<\/p>\n<p>(iii) any other act which is required as a consequence of the acts referred to in subparagraph (i) or (ii) for the purposes specified in those subparagraphs, as appropriate.\uf02a<\/p>\n<p>( h ) insofar as paragraph (g) does not apply, acts done in relation to the subject matter of the relevant patented invention which consist of\u2014<\/p>\n<p>(i) acts done in conducting studies, tests, experiments and trials (including clinical trials and field trials) with a view to satisfying the application requirements for a marketing authorisation or similar instrument (howsoever described) that is required by the law of the State or of any other state in order to sell or supply or offer to sell or supply\u2014<\/p>\n<p>(I) a medicinal product for human use, within the meaning of subsection (2), or<\/p>\n<p>(II) a veterinary medicinal product, within the meaning of subsection (2),<br \/>\nor<\/p>\n<p>(ii) any other act done which is required as a consequence of the acts referred to in subparagraph (i) for the purposes specified in that subparagraph, as appropriate.<\/p>\n<p>&nbsp;<\/p>\n<p>(2) In this section (other than paragraph (g) of subsection (1))\u2014<\/p>\n<p>\uf02a SI 50\/2006 European Communities (Limitation of Effect of Patent) Regulations<br \/>\n* Intellectual Property (Miscellaneous Provisions) Act 2014 [36\/2014]<\/p>\n<p>\u2018medicinal product for human use\u2019 means\u2014<\/p>\n<p>(a) any substance or combination of substances having or purporting to have properties for treating or preventing disease in human beings,<\/p>\n<p>or<\/p>\n<p>(b) any substance or combination of substances which may be used on or be administered to human beings with a view either to restoring, correcting or modifying physiological functions by exerting a pharmacological, immunological or metabolic action, or to making a medical diagnosis;<\/p>\n<p>\u2018substance\u2019 means any matter of\u2014<\/p>\n<p>(a) human origin (including human blood and human blood products),<\/p>\n<p>(b) animal origin (including micro-organisms, whole animals, parts of organs, animal secretions, toxins, extracts and blood products),<\/p>\n<p>(c) vegetable origin (including micro-organisms, plants, parts of plants, vegetable secretions and extracts), or<\/p>\n<p>(d) chemical origin (including elements, naturally occurring chemical materials and chemical products obtained by chemical change or synthesis);<\/p>\n<p>\u2018veterinary medicinal product\u2019 means\u2014<\/p>\n<p>(a) any substance or combination of substances having or purporting to have properties for treating or preventing disease in animals, or<\/p>\n<p>(b) any substance or combination of substances which may be used on or be administered to animals with a view either to restoring, correcting or modifying physiological functions by exerting a pharmacological, immunological or metabolic action, or to making a medical diagnosis.*<\/p>\n<p>&nbsp;<\/p>\n<h4>Limitation of rights.<\/h4>\n<p>43. \u2014The rights conferred by a patent shall not extend to any act which, pursuant to any obligations imposed by the law of the Treaties establishing the European Communities, cannot be prevented by the proprietor of the patent.<\/p>\n<h4>Rights conferred by patent application after publication.<\/h4>\n<p>44. \u2014(1) A patent application shall, on and from the date of its publication under section 28, provisionally confer upon the applicant such protection as is conferred by virtue of sections 40 to 43.<\/p>\n<p>* Intellectual Property (Miscellaneous Provisions) Act 2014 [36\/2014]<\/p>\n<p>(2) A patent application shall be deemed never to have had the effects set out in subsection (1) if it is withdrawn, is deemed to be withdrawn or is finally refused.<\/p>\n<h4>Extent of protection.<\/h4>\n<p>45. \u2014(1) The extent of the protection conferred by a patent or a patent application shall be determined by the terms of the claims; nevertheless, the description and drawings shall be used to interpret the claims.<\/p>\n<p>(2) For the period up to the grant of a patent, the extent of the protection conferred by the patent application shall be determined by the latest filed claims contained in the publication under section 28; however, the terms of the claims of the patent as granted or as amended in accordance with section 38 shall determine the extent of protection conferred by section 44; provided that the foregoing provisions of this subsection shall not be construed as granting to an applicant protection greater than that sought by him at the date of publication under section 28.<\/p>\n<p>(3) In the interpretation of this section, the Court appropriate court shall have regard to the directions contained in the Protocol on the Interpretation of Article 69 of the European Patent Convention and set out in the Second Schedule to this Act.<br \/>\n(Deleted by 2006 Act)<\/p>\n<h4>Burden of proof.<\/h4>\n<p>46. \u2014(1) If the subject-matter of a patent or patent application is a process for obtaining a new product, the same product when produced by a person other than the proprietor or applicant, as the case may be, shall, in the absence of sufficient evidence to raise an issue as to whether the product was obtained by that or another process, be deemed to have been obtained by the process which is such subject-matter.<\/p>\n<p>(2) In considering whether a party has discharged the burden imposed upon him by this section, the Court appropriate court shall have regard to the interest of the defendant in the protection of his manufacturing and business secrets, and for that purpose the Court appropriate court may, if it thinks fit, hear or receive evidence on behalf of the defendant in the absence of any other party to the proceedings.<\/p>\n<p>( 3 ) ( a ) Any party to infringement proceedings may, in the absence of every other party to the proceedings, apply to the Court appropriate court for an order under this subsection.<\/p>\n<p>( b ) If in considering an application for an order under this subsection the Court appropriate court is satisfied that\u2014<\/p>\n<p>(i) the applicant is in possession of a manufacturing or commercial secret, and<\/p>\n<p>(ii) the secret (evidence of which shall be given in the absence of any party to the proceedings other than the applicant) is such as would enable the applicant to discharge the burden imposed by this section, and<\/p>\n<p>(iii) in the circumstances of the case to require the disclosure (otherwise than on the application) of the secret would be unreasonable, the Court appropriate court shall allow the application.<\/p>\n<p>( c ) Where the Court appropriate court makes an order under this subsection, the burden imposed under this section shall, in relation to the relevant infringement proceedings, be regarded as having been discharged by the applicant.<\/p>\n<p>CHAPTER VII<\/p>\n<h4>INFRINGEMENT<\/h4>\n<h4>Action for infringement of patent.<\/h4>\n<p>47. \u2014(1) Civil proceedings for infringement of a patent may be brought in the Court High Court by the proprietor of the patent in respect of any act of infringement which he alleges he is entitled under sections 40 to 43 and section 45 to prevent and (without prejudice to any other jurisdiction of the Court High Court) in those proceedings a claim may be made\u2014<\/p>\n<p>( a ) for an injunction restraining the defendant from any apprehended act of such infringement;<\/p>\n<p>( b ) for an order requiring the defendant to deliver up or destroy any product covered by the patent in relation to which the patent is alleged to have been infringed or any article in which the product is inextricably comprised;<\/p>\n<p>( c ) for damages in respect of the alleged infringement;<\/p>\n<p>( d ) for an account of the profits derived by the defendant from the alleged infringement;<\/p>\n<p>( e ) for a declaration that the patent is valid and has been infringed by the defendant.<br \/>\n(2) The Court High Court shall not, in respect of the same infringement, both award the proprietor of a patent damages and order that he shall be given an account of the profits.<\/p>\n<h4>Proceedings for infringement by co-owner.<\/h4>\n<p>48. \u2014(1) In the application of sections 40 to 43 to a patent of which there are two or more joint proprietors each of the references therein to the proprietor shall be construed\u2014<\/p>\n<p>( a ) in relation to any act, as a reference to that proprietor or those proprietors who, by virtue of section 80 or any agreement referred to in that section, is or are entitled to do that act without its amounting to an infringement; and<\/p>\n<p>( b ) in relation to any consent, as a reference to that proprietor or those proprietors who, by virtue of section 80 or any such agreement, is or are the proper person or persons to give the requisite consent.<\/p>\n<p>(2) One of two or more joint proprietors of a patent may without the concurrence of the others bring proceedings in respect of an act alleged to infringe the patent, but shall not do so unless all the others are made parties to the proceedings as defendants, but any of the others who, pursuant to the requirements of this subsection, is made a defendant shall not be liable for any costs or expenses unless he enters an appearance and takes part in the proceedings.<\/p>\n<h4>Restrictions on recovery of damages for infringement.<\/h4>\n<p>49. \u2014(1) In proceedings for the infringement of a patent damages shall not be awarded, and no order shall be made for an account of profits, against a defendant who proves that at the date of the infringement he was not aware, and had no reasonable grounds for supposing, that that patent existed, and a person shall not be deemed to have been so aware or to have had reasonable grounds for so supposing by reason only of the application to a product of the word &#8220;patent&#8221; or &#8220;patented&#8221; or any word or words expressing or implying that a patent has been obtained for the product, unless the number of the relevant patent accompanied the word or words in question.<\/p>\n<p>(2) In proceedings for infringement of a patent the Court High Court may, if it thinks fit, refuse to award any damages or make any order in respect of any infringement committed during an extension period specified in a request under subsection (3) of section 36 but before the payment of the renewal fee and any additional fee prescribed for the purpose of that subsection.<\/p>\n<p>(3) Where an amendment of a specification of a patent has been allowed under this Act, no damages shall be awarded in any proceedings for an infringement of the patent committed before the date of the decision allowing the amendment, unless the Court High Court is satisfied that the specification of the patent, as originally published, was framed in good faith and with reasonable skill and knowledge.<\/p>\n<h4>Relief for infringement of partially valid patent.<\/h4>\n<p>50. \u2014(1) If in proceedings for infringement of a patent the validity of the patent is put in issue and it is found that the patent is only valid in part, the Court High Court may grant relief in respect of that part of the patent which is found to be valid and infringed; provided that the Court High Court shall not grant relief by way of damages or costs except in the circumstances mentioned in subsection (2).<\/p>\n<p>(2) Where in proceedings for the infringement of a patent the plaintiff proves that the specification of the patent was framed in good faith and with reasonable skill and knowledge, the Court High Court may grant relief in respect of that part of the patent which is valid and infringed, subject to the discretion of the Court High Court as to costs and as to the date from which damages should be reckoned.<\/p>\n<p>(3) As a condition of relief under subsection (1) or subsection (2) the Court High Court may direct that the specification shall be amended to its satisfaction upon an application made for that purpose under section 38, and such an application may be made whether or not all other issues in the proceedings have been determined.<\/p>\n<p>(4) The Court The High Court may also grant relief under this section in the case of a European patent designating the State on condition that the claims are limited to the<\/p>\n<p>Court\u2019s High Court\u2019s satisfaction by the European Patent Office at the request of the proprietor.\uf02a<\/p>\n<h4>Proceedings for infringement by exclusive licensee.<\/h4>\n<p>51. \u2014(1) Subject to the provisions of this section, the holder of an exclusive licence under a patent shall have the like right as the proprietor of the patent to take proceedings in respect of any infringement of the patent committed after the date of the licence, and in awarding damages or granting any other relief in any such proceedings the Court High Court shall take into consideration any loss suffered or likely to be suffered by the exclusive licensee as a result of the infringement or, as the case may be, the profits derived from the infringement, so far as it constitutes an infringement of the rights of the exclusive licensee as such.<\/p>\n<p>(2) In any proceedings taken by the holder of an exclusive licence by virtue of this section the proprietor of the relevant patent shall, unless he is joined as plaintiff in the proceedings, be added as defendant; provided that a proprietor added as a defendant in pursuance of this subsection shall not be liable for any costs unless he enters an appearance and takes part in the proceedings.<\/p>\n<h4>Certificate of contested validity of patent.<\/h4>\n<p>52. \u2014(1) If in any proceedings before the Court High Court the validity of a patent to any extent is contested and the patent is found by the Court High Court to be wholly or partially valid, the Court High Court may certify the finding and the fact that the validity of the patent was contested.<\/p>\n<p>(2) Where any certificate has been granted under subsection (1), then if, in any subsequent proceedings before the Court High Court for infringement of the patent or before the Court High Court or the Controller for revocation of the patent, a final order or judgment is made or given in favour of the party relying on the validity of the patent, that party shall, unless the Court High Court otherwise directs, be entitled to his costs as between solicitor and own client.<\/p>\n<h4>Remedy for groundless threats of infringement proceedings.<\/h4>\n<p>53. \u2014(1) Where any person (whether entitled to or interested in a patent or not) by circulars, advertisements or otherwise threatens any other person with proceedings for infringement of a patent, any person aggrieved thereby may bring proceedings in the Court High Court against him for any such relief as is mentioned in subsection (2).<\/p>\n<p>(2) Unless in any action brought by virtue of this section the defendant proves that the acts in respect of which proceedings were threatened constitute or, if done, would constitute, an infringement of a patent, the plaintiff shall be entitled to the following relief, that is to say\u2014<\/p>\n<p>( a ) a declaration to the effect that the threats complained of were unjustifiable;<\/p>\n<p>( b ) an injunction against the continuance of the threats; and<\/p>\n<p>\uf02a Patents Amendment Act 2006 [31\/2006]<br \/>\nCopyright and Other intellectual Property Law Provisions Act 2019<\/p>\n<p>( c ) such damages, if any, as have been sustained by him by reason of the threats.<\/p>\n<p>(3) Proceedings may not be brought under this section as regards a threat to bring proceedings for an infringement alleged to consist of making or importing a product for disposal or of using a process.<\/p>\n<p>(3) Proceedings may not be brought under this section as regards\u2014<\/p>\n<p>(a) a threat to bring proceedings for an infringement alleged to consist of making or importing a product for disposal or of using a process, or<\/p>\n<p>(b) a threat, made to a person who made or imported a product for disposal or used a process, to bring proceedings for an infringement alleged to consist of doing anything else in relation to that product or process.\uf02a<br \/>\n(4) For the purposes of this section a notification of the existence of a patent or a patent application does not of itself constitute a threat of proceedings.<\/p>\n<h4>Power of Court to make declaration as to non-infringement.<\/h4>\n<p>54. \u2014(1) A declaration that the use by any person of any process, or the making or use or sale by any person of any product, does not and would not constitute an act of infringement of a patent may be made by the Court High Court in proceedings between the person and the proprietor of the patent or the holder of an exclusive licence under the patent, notwithstanding the fact that no assertion to the contrary has been made by the proprietor or licensee, if it is shown that\u2014<\/p>\n<p>( a ) the plaintiff has applied in writing to the proprietor or licensee for a written acknowledgement the effect of which, if given, would be similar to that of the declaration claimed, and has furnished him with full particulars in writing of the process or product in question; and<\/p>\n<p>( b ) the proprietor or licensee has refused or neglected to give such an acknowledgement.<\/p>\n<p>(2) The costs of all parties in proceedings for a declaration made by virtue of this section shall, unless for special reasons the Court High Court thinks fit to order otherwise, be paid by the plaintiff.<\/p>\n<p>(3) The validity of a patent in whole or in part shall not be called in question in proceedings for a declaration made by virtue of this section, and accordingly the making or refusal of such a declaration in the case of a patent shall not be deemed to imply that the patent is valid.<\/p>\n<h4>Right to continue use begun before date of filing or priority.<\/h4>\n<p>55. \u2014(1) Where a patent is granted for an invention, a person who in the State before the date of filing of the patent application or, if priority was claimed, before the date of<\/p>\n<p>\uf02a Patents Amendment Act 2006 [31\/2006]<br \/>\nCopyright and Other Intellectual Property Law Provisions Act 2019<\/p>\n<p>priority, does in good faith an act which would constitute an infringement of the patent if it were then in force, or makes in good faith effective and serious preparations to do such an act, shall have the rights specified in subsection (2).<\/p>\n<p>(2) The rights referred to in subsection (1) are the following:<\/p>\n<p>( a ) the right to continue to do or, as the case may be, to do the act referred to in subsection (1),<\/p>\n<p>( b ) if such act was done or preparations had been made to do it in the course of a business\u2014<\/p>\n<p>(i) in the case of an individual\u2014<br \/>\n(I) the right to assign the right to do it or to transmit such right on death, or<\/p>\n<p>(II) the right to authorize the doing of the act by any of his partners for the time being in the business in the course of which the act was done or preparations had been made to do it;<\/p>\n<p>(ii) in the case of a body corporate, the right to assign the right to do it or to transmit such right on the body&#8217;s dissolution;<\/p>\n<p>and the doing of that act by virtue of this subsection shall not amount to an infringement of the patent concerned.<\/p>\n<p>(3) The rights specified in subsection (2) shall not include the right to grant a licence to any person to do an act referred to in subsection (1)<\/p>\n<p>(4) Where a product which is the subject of a patent is disposed of by any person to another in exercise of a right conferred by subsection (2), that other and any person claiming through him shall be entitled to deal with the product in the same way as if it had been disposed of by a sole proprietor of the patent.<\/p>\n<h4>Action for infringement of published application.<\/h4>\n<p>56. \u2014(1) After a patent has been granted the proprietor may bring civil proceedings in the Court appropriate court for infringement of the patent application by any act committed in the period, beginning on the day after the date of publication of the application pursuant to section 28 and ending on the day before the date of publication of the notice of the grant of the patent, which he alleges he is entitled by virtue of sections 44 and 45 to prevent and in such proceedings a claim for damages may be made in respect of an alleged infringement.<\/p>\n<p>(2) The provisions of sections 48 to 53 and section 55 relating to infringement of a patent shall apply, in so far as they are appropriate, to proceedings under this section.<\/p>\n<p>(3) In considering the amount of any damages to be awarded in proceedings under this section, the Court appropriate court shall consider whether or not it would have been reasonable to expect, from a consideration of the application as published under section 28, that a patent would be granted conferring on the proprietor of the patent protection<\/p>\n<p>from an act of the same description as that found to have infringed those rights, and if the Court appropriate court finds that it would not have been reasonable so to expect, it shall reduce the damages to such an amount as it thinks fit.<\/p>\n<p>CHAPTER VIII<\/p>\n<h4>REVOCATION<\/h4>\n<h4>Application for revocation of patent.<\/h4>\n<p>57. \u2014(1) Subject to the following provisions of this section and section 58, any person may apply to the Court High Court or the Controller for revocation of a patent.<\/p>\n<p>(2) An application for the revocation of a patent on the ground mentioned in section 58 (e) may be made only by a person found by the Court High Court pursuant to section 81 (2) to be entitled to be granted that patent or to be granted a patent for part of the matter covered by the patent, or, in case more than one person is found to be so entitled, by all those persons.<\/p>\n<p>(3) An application under this section may be filed even if the patent has lapsed.<\/p>\n<p>(4) The application for revocation of a patent shall be made in the prescribed manner and it shall not be deemed to have been filed until the fee prescribed in relation to such applications has been paid.<\/p>\n<p>(5) Where proceedings with respect to a patent are pending in the Court High Court under any provision of this Act, no application may be made to the Controller under this section in relation to the patent without the leave of the Court High Court.<\/p>\n<p>(6) Where the Controller has not disposed of an application made to him under this section, the applicant may not apply to the Court High Court under this section in respect of the patent concerned unless either\u2014<\/p>\n<p>( a ) the proprietor of the patent agrees that the applicant may so apply, or<br \/>\n( b ) the Controller certifies in writing that it appears to him that the question whether the patent should be revoked is one which would more properly be determined by the Court High Court.<\/p>\n<h4>Grounds for revocation.<\/h4>\n<p>58. \u2014An application for revocation of a patent may be made only on the grounds that\u2014 ( a ) the subject-matter of the patent is not patentable under this Act;<br \/>\n( b ) the specification of the patent does not disclose the invention in a manner sufficiently clear and complete for it to be carried out by a person skilled in the art;<\/p>\n<p>( c ) the matter disclosed in the specification of the patent extends beyond that disclosed in the application as filed, or, if the patent was granted on an application which by virtue of section 24 or 81 is deemed to have been filed on<\/p>\n<p>the date of filing of an earlier application, it extends beyond that disclosed in the earlier application as filed;<\/p>\n<p>( d ) the protection conferred by the patent has been extended by an amendment of the application or the specification of the patent;<\/p>\n<p>(d) the protection conferred by the patent has been extended by an amendment which should not have been allowed;\uf02a<br \/>\n( e ) the proprietor of the patent is not entitled thereto under section 16 (1).<\/p>\n<h4>Examination of application for revocation.<\/h4>\n<p>59. \u2014(1) If the application for revocation of a patent is admissible, the Court High Court or the Controller, as may be appropriate, shall consider whether the grounds for revocation mentioned in section 58 prejudice the maintenance of the patent.<\/p>\n<p>(2) If on an application for revocation of a patent the Court High Court or the Controller considers that the grounds for revocation mentioned in section 58 prejudice the maintenance of the patent, the Court High Court or the Controller, as may be appropriate, may by order unconditionally revoke the patent.<\/p>\n<p>(3) If on an application for revocation of a patent the Court High Court or the Controller considers that the grounds for revocation mentioned in section 58 affect the patent only in part, the Court High Court or the Controller, as may be appropriate, may make an order for the revocation of the patent unless within a time specified by the Court High Court or the Controller the relevant specification is amended, under section 38, to the satisfaction of the Court High Court or the Controller.<\/p>\n<p>(4) For the purposes of subsection (3), the reference to the specification being amended is to its being amended under section 38 and also, in the case of a European patent designating the State, to its being amended under any provision of the European Patent Convention under which the claims of the patent may be limited by amendment at the request of the proprietor.\uf02a<\/p>\n<h4>Controller&#8217;s power to revoke patents on his own initiative<\/h4>\n<p>.<br \/>\n60. \u2014(1) If it appears to the Controller that an invention for which a patent has been granted formed part of the state of the art by virtue only of section 11 (3), he may on his own initiative by order revoke the patent, but he shall not do so without giving the proprietor of the patent an opportunity of making any observations and of amending the specification of the patent in accordance with section 38 so as to exclude any matter which formed part of the state of the art as aforesaid.<br \/>\n(2) If it appears to the Controller that\u2014<\/p>\n<p>( a ) a patent under this Part and a European patent designating the State have been granted for the same invention, and<\/p>\n<p>\uf02a Patents Amendment Act 2006 [31\/2006]<\/p>\n<p>( b ) the applications for both patents have the same date as their date of filing or, where priority was claimed, their date of priority, and<\/p>\n<p>( c ) the applications for both patents were filed by the same applicant or his successor in title,<\/p>\n<p>the Controller shall give the proprietor of the patent under this Part an opportunity of making observations and of amending the specification of the patent, and if the proprietor fails to satisfy the Controller that there are not two patents in respect of the same invention, or to amend the specification so as to prevent there being two patents in respect of the same invention, he shall revoke the patent.<\/p>\n<p>(3) The Controller shall not take action under subsection (2) before\u2014<br \/>\n( a ) the end of the period for filing an opposition to the European patent designating the State under the European Patent Convention, or<\/p>\n<p>( b ) if later, the date on which any opposition proceedings under the Convention are finally disposed of;<\/p>\n<p>and he shall not then take any action if the decision is not to maintain the European patent or if it is amended so that there are not two patents in respect of the same invention.<\/p>\n<h4>Circumstances in which validity of patent may be put in issue.<\/h4>\n<p>61. \u2014(1) Subject to the following provisions of this section, the validity of a patent may be put in issue only on a ground which is one of the grounds specified in section 58, and, in addition to the foregoing, such validity shall be raised only\u2014<\/p>\n<p>( a ) by way of defence in proceedings for infringement under section 47 or 56, or<\/p>\n<p>( b ) in proceedings under section 53 or 57, or ( c ) pursuant to section 77.<br \/>\n(2) No determination shall be made in any proceedings mentioned in subsection (1) on the validity of a patent which any person puts in issue on the ground specified in section 58 (e) unless\u2014<\/p>\n<p>( a ) it has been determined, either in entitlement proceedings commenced by that person or in the proceedings in which the validity of the patent is in issue, that the patent should have been granted to him and not some other person; and<\/p>\n<p>( b ) except where it has been so determined in entitlement proceedings,<\/p>\n<p>(i) the proceedings in which the validity of the patent is in issue are commenced before the end of the period of two years beginning on the date of the grant of the patent, or<\/p>\n<p>(ii) it is shown that any person registered as a proprietor of the patent knew at the time of the grant or of the transfer of the patent to him that he was not entitled to the patent.<\/p>\n<p>(3) In subsection (2) &#8220;entitlement proceedings&#8221;, in relation to a patent, means proceedings, whether by way of a reference under section 81 or otherwise, to determine the question whether a patent was granted to a person not entitled to it.<\/p>\n<p>(4) It is hereby declared that, for the purposes of this Act, the validity of a patent is not put in issue by reason only of the fact that the Controller considers its validity in order to decide whether or not to revoke it under section 60.<\/p>\n<h4>Controller to be given notice of Court proceedings.<\/h4>\n<p>62. \u2014The Controller shall be given notice in writing by the plaintiff or proprietor, as the case may be, of any proceedings for infringement under section 47 or 56 or of any proceedings before the Court appropriate court where, under section 61, the validity of a patent is put in issue and of the decision of the Court appropriate court in respect of any such proceedings.<\/p>\n<p>&nbsp;<\/p>\n<p>PART VI<\/p>\n<h4>PROPERTY IN PATENT APPLICATIONS AND PATENTS CONTRACT CONDITIONS<\/h4>\n<h4>Nature of patent applications and patents.<\/h4>\n<p>79. \u2014Subject to section 80, the rules of law applicable to the ownership and devolution of personal property shall apply in relation to patent applications and patents as they apply in relation to other choses in action.<\/p>\n<p>Co-ownership of patent applications and patents.<br \/>\n80. \u2014(1) Where a patent is applied for by, or is granted to, two or more persons, each of those persons shall, unless an agreement to the contrary is in force, be entitled to an equal undivided share in common in the patent application or patent, as the case may be.<br \/>\n(2) Subject to the provisions of this section where two or more persons are entered in the register as applicants for or proprietors of a patent, then, unless an agreement to the contrary is in force, each of those persons shall be entitled, by himself or his agents, to do in respect of the invention concerned for his own benefit without accounting to the others any act which would, apart from this sub-section, amount to an infringement of the patent application or patent concerned.<\/p>\n<p>(3) Subject to any agreement for the time being in force, a licence under a patent or a published patent application shall not be granted, and a share in a patent or in any such application shall not be assigned, except with the consent of all persons, other than the licensor or assignor, who are entered in the register as applicants for or proprietors of the patent.<\/p>\n<p>(4) Subject to the provisions of this section, where two or more persons are entered in the register as applicants for or proprietors of a patent, any other person may supply one of those persons with means, relating to an essential element of the relevant invention, for putting the invention into effect, and the supply of those means by virtue of this section shall not amount to an infringement of the patent application or patent.<\/p>\n<p>(5) Where a product is sold by one of two or more persons who are entered in the register as applicants for or proprietors of a patent in respect of the product, the purchaser and any person claiming through him shall be entitled to deal with it in the same manner as if the product had been sold by a sole applicant for or sole proprietor of a patent relating to the product.<\/p>\n<p>(6) Nothing in subsection (1) or (2) shall affect the mutual rights or obligations of trustees or of the personal representatives of a deceased person, or their rights or obligations as such.<\/p>\n<h4>\nDetermination of entitlement to patents, etc.<\/h4>\n<p>81. \u2014(1) Any person may refer to the Court appropriate court the question whether, by operation of law or otherwise, he is entitled (alone or jointly with any other person) to any patent granted or to be granted in the State for an invention, and the Court appropriate court may make such order (including an order of apportionment) for giving effect to its decision as it considers expedient.<\/p>\n<p>(2) The Court appropriate court on a reference under this section, or in the exercise of any declaratory or other jurisdiction, shall not determine a question whether a patent was granted to a person not entitled to be granted the patent if the reference was made or the action was commenced after the end of the period of two years beginning on the date of the grant, unless it is shown that any person registered as a proprietor of the patent knew at the time of the grant or, as the case may be, of the transfer or assignment of the patent to him, that he was not entitled to the patent.<\/p>\n<p>(3) An order under this section shall not be made so as to affect the mutual rights or obligations of trustees or of the personal representatives of a deceased person, or their rights or obligations as such.<\/p>\n<p>(4) When the Court appropriate court finds on a reference under this section, or in the exercise of any declaratory or other jurisdiction, that a patent was granted to a person who was not entitled to be granted that patent (whether alone or with other persons) and on an application made under section 57 the Court appropriate court or Controller makes an order by reason of the persons not being so entitled for the conditional or unconditional revocation of the patent, the Court appropriate court or Controller may order that the person by whom the application was made or his successor in title may make a new patent application\u2014<\/p>\n<p>( a ) in the case of unconditional revocation, for the whole of the matter comprised in the specification of that patent, and<\/p>\n<p>( b ) in the case of conditional revocation, for the matter which in the opinion of the Court appropriate court or the Controller should be excluded from the specification by amendment under section 38,<\/p>\n<p>and when such a new application is made, it shall be treated as having been filed on the date of filing of the application for the patent to which the reference or other proceedings relate and shall have the benefit of any right to priority.<\/p>\n<p>(5) A new patent application shall not be allowed to be filed under subsection (4) in respect of subject-matter which extends beyond the content of the original patent application.<\/p>\n<h4>\nEffect of change of proprietorship.<\/h4>\n<p>82. \u2014(1) Where there is a complete change of proprietorship of a patent as a result of an order of the Court appropriate court transferring the patent to one or more persons none of whom immediately before the transfer had a proprietary interest in the patent (on the ground that the patent was granted to a person who was not entitled to be granted the patent), then, subject to subsection (2), licences and other rights which, as regards the relevant patent, were in force immediately before such transfer shall lapse upon the entry in the register of the name of the person or persons entitled to the patent.<\/p>\n<p>(2) Where an order referred to in subsection (1) is made, the Controller shall notify the person or persons registered as proprietor or proprietors of the relevant patent and their licensees (if any) of whom he is aware, of the making of the order, and where the proprietor or proprietors or such a licensee acting in good faith has, before the commencement of the proceedings in which the order is made, used the invention within the State or made effective and serious preparations to do so, he may continue such use if, but only if, he requests, within the period prescribed, a non-exclusive licence under the patent from the new proprietor whose name is entered in the register.<\/p>\n<p>(3) A licence granted under subsection (2) shall be for a reasonable period and upon reasonable terms and failing agreement between the parties concerned the terms of the licence shall be determined by the Controller.<\/p>\n<h4>\nAvoidance of certain conditions in contracts.<\/h4>\n<p>83. \u2014(1) It shall not be lawful to include in any contract in relation to the sale or lease of, or licence to use or work, any product or process which is the subject of a patent application or patent a condition which, directly or indirectly, would\u2014<\/p>\n<p>( a ) prevent or restrict a party to the contract from using any product or process, whether or not the subject of a patent application or patent, which in either case is supplied or owned by any person other than a party to the contract or his nominee;<\/p>\n<p>( b ) require any such party to acquire from any other such party, or his nominee, any product which is not the subject of a patent application or a patent;<\/p>\n<p>and any such condition, if so included, shall be null and void; provided that this subsection shall not apply if\u2014<\/p>\n<p>(i) the party seeking to rely on the condition proves that at the time the contract was entered into the party which the condition purports to bind had the option of purchasing the relevant product or obtaining a lease or<\/p>\n<p>licence in relation thereto on reasonable terms, without the conditions described in paragraphs (a) and (b) of this subsection; and<\/p>\n<p>(ii) the contract entitles the party to the contract which the condition purports to bind to relieve himself of his liability to observe the condition on giving to the other party three months notice in writing and on the payment of compensation for such relief, in the case of a purchase, of such sum, or in the case of a lease or licence, of such rent or royalty for the residue of the term of the contract, as may be fixed by an arbitrator appointed by the Minister.<\/p>\n<p>(2) In any proceedings under this Act no person shall be estopped from applying for or obtaining relief by reason only of any admission made by him as to the reasonableness of the terms offered to him under paragraph (i) of the proviso to subsection (1).<\/p>\n<p>(3) Any contract for or relating to a lease of or a licence to use or work any product or process which, at the time when the contract is made, is the subject of one or more patent applications or one or more patents may, at any time after the patent or all of the patents, as may be appropriate, by which the product or process was protected or the patent or patents, as may be appropriate, resulting from such application or applications, has or have ceased to be in force, be determined by either party to the contract on giving three months notice in writing to the other party to the contract notwithstanding anything to the contrary contained in that or in any other contract.<\/p>\n<p>(4) The inclusion by the proprietor of or applicant for a patent in a contract of any condition which by virtue of this section is null and void shall be available as a defence to an action for infringement of the patent or application to which the contract relates brought while that contract is in force.<\/p>\n<p>(5) Nothing in this section shall\u2014<\/p>\n<p>( a ) affect any condition in a contract whereby a person is prohibited from selling any goods other than those of a particular person; or<\/p>\n<p>( b ) be construed as validating any contract which would, apart from this section, be invalid; or<\/p>\n<p>( c ) affect any right of determining a contract or conditions in a contract exercisable independently of this section; or<\/p>\n<p>( d ) affect any condition in a contract for the lease of or licence to use a product which is the subject of a patent application or patent, whereby a party to the contract reserves to himself or his nominees the right to supply such new parts of the product as may be required to put or keep it in repair.<\/p>\n<p>&nbsp;<\/p>\n<p>PART VII<\/p>\n<h4>REGISTER OF PATENTS; EVIDENCE OF REGISTER, DOCUMENTS, ETC.<\/h4>\n<h4>Register of patents.<\/h4>\n<p>84. \u2014(1) There shall continue to be kept at the Office a register to be known as the Register of Patents in which there shall be entered particulars of published patent applications, of patents in force, of assignments and transmissions of, and of licences under, patents and published applications, and notice of all matters which are required by or under this Act to be entered in the register and of such other matters affecting the validity or proprietorship of published applications and patents as the Controller thinks fit.<\/p>\n<p>(2) Rules under this section may make provision for the register, or entries or reproductions of entries in it, to be open to inspection by the public at all convenient times and for copies of any entry in the register to be given to any person requiring them on payment of the prescribed fee.<\/p>\n<p>(3) Rules under this section may make provision for the register, entries therein and reproductions thereof to be made and kept in any form whether by means of writing, printing, lithography, photography, electromagnetism or any electronic or other mode of retaining, storing or reproducing information.<\/p>\n<p>(4) The register shall be prima facie evidence of any matters required or authorized by or under this Act to be entered therein.<\/p>\n<p>(5) No notice of any trust, whether express, implied or constructive, shall be entered in the register, and the Controller shall not be affected by any such notice.<\/p>\n<h4>\nAssignment, etc. of patent applications and patents.<\/h4>\n<p>85. \u2014(1) Where a person becomes entitled by assignment or transmission, operation of law or any other mode of transfer to an interest in a published patent application or a patent, or to a share in such an application or patent, or becomes entitled as mortgagee, licensee or otherwise to any other interest in such an application or patent he shall apply to the Controller in the prescribed manner for the registration of his title as applicant or co-applicant, proprietor or co-proprietor, or, as the case may be, of notice of his interest, in the register.<\/p>\n<p>(2) An application for the registration in the register of the title of any person becoming entitled by assignment to a published patent application or a patent, or a share in such an application or patent, or becoming entitled by virtue of a mortgage, licence or other instrument to any other interest in such an application or patent, may be made in the prescribed manner by the assignor, mortgagor, licensor or other party to the instrument by which the assignment is made.<\/p>\n<p>(3) Where application is made under subsection (1) or (2) for the registration of the title of any person, the Controller shall, upon proof of title to his satisfaction\u2014<\/p>\n<p>( a ) that the person is entitled to an interest in a published patent application or a patent, or a share in such an application or patent, register him in the register as applicant or co-applicant for the patent, or proprietor or co-proprietor of the patent, and enter in the register particulars of the instrument or event by which he derives title; or<\/p>\n<p>( b ) that the person is entitled to any other interest in the application or patent, enter in the register notice of his interest, with particulars of the instrument (if any) creating it.<\/p>\n<p>(4) An entry in the register that a person has an interest in a published patent application, or in a patent by virtue of a mortgage, licence or other instrument, may be cancelled by the Controller if he is satisfied, upon an application&#8217;s being made in the prescribed manner by the person registered as applicant for the patent or proprietor of the patent, that such interest has ceased, and in case the Controller is so satisfied he shall note in the register the cancellation of such entry.<\/p>\n<p>(5) Subject to the provisions of this Act relating to co-ownership of patent applications and co-ownership of patents, and subject also to any rights vested in any other person of which notice is entered in the register, the person registered as applicant for a patent or proprietor of a patent shall have power to assign, grant licences under, or otherwise deal with the application or patent, and to give effectual receipts for any consideration for any such assignment, licence or dealings; provided that any equities in respect of the application or patent may be enforced in like manner as equities arising in respect of any other personal property.<\/p>\n<p>(6) Rules under this Act may require the supply for the purposes of this section to the Controller for filing at the Office of copies of such deeds, licences and other documents as may be prescribed.<\/p>\n<p>(7) Except for the purposes of an application to amend the register under section 86, a document in respect of which no entry has been made in the register under subsection<br \/>\n(3) shall only be admitted in any court as evidence of the title of any person to a patent application or patent or share of or interest in a patent application or patent if the court so directs.<\/p>\n<p>(8) If the Controller is satisfied, on a claim made in the prescribed manner at any time before a patent is granted, that, by virtue of any assignment or agreement made by the applicant or one of the applicants, or by a decision under section 81, the claimant would, if the patent were then granted, be entitled thereto or to the interest of the applicant therein, or to an undivided share of the patent or of that interest, the Controller shall direct that the application shall proceed in the name of the claimant or in the names of the claimant and the applicant or each of the other such applicants, according as the case may require; provided that no such direction as aforesaid shall be given by virtue of any assignment or agreement made by one of two or more joint patent applicants except with the consent of the other joint applicant or each of the other such applicants.<\/p>\n<h4>\nPower of Court to amend register.<\/h4>\n<p>86. \u2014(1) Subject to subsection (7), the Court High Court may, on the application in the prescribed manner of any person aggrieved by the non-insertion in, or omission from, the register of any entry, or by any entry made in the register without sufficient cause, or by any entry wrongly remaining in the register, or by an error or defect in any entry in the register, make such order for making, expunging, or varying such entry as it may think fit.<\/p>\n<p>(2) The Court High Court may in any proceedings under this section decide any question that it may be necessary or expedient to decide in connection with the amendment of the register.<\/p>\n<p>(3) The prescribed notice of any application under this section shall be given to the Controller, who shall have the right to appear and be heard thereon, and shall appear if so directed by the Court High Court.<\/p>\n<p>(4) Unless otherwise directed by the Court High Court, the Controller may, in lieu of appearing and being heard, submit to the Court High Court a statement in writing, signed by him, giving particulars of the proceedings before him in relation to the matter in issue, or of the grounds of any decision given by him affecting the same, or of the practice of the Office in like cases, or of such matters relevant to the issues, and within his knowledge as Controller, as he shall think fit, and such statement shall be deemed to form part of the evidence in the proceedings.<\/p>\n<p>(5) In the case of fraud in the registration or transmission of a patent application or a patent, the Controller may apply on his own motion to the Court High Court under this section.<\/p>\n<p>(6) Any order of the Court High Court for the amendment of the register shall provide for service of notice of the amendment on the Controller in the prescribed manner and on receipt of any such notice the Controller shall amend the register in accordance with the terms of the order to which the notice relates.<\/p>\n<p>(7) Any application under this section (other than an application by the Controller) may, at the option of the applicant, be made in the first instance to the Controller, and in such case the Controller shall have all the powers of the Court High Court under this section to decide the matter.<\/p>\n<h4>Certificate of Controller and certified copies of documents to be evidence.<\/h4>\n<p>87. \u2014(1) A certificate purporting to be under the hand of the Controller as to any entry, matter, or thing which he is authorized by this Act to do, or by any rules made thereunder, to make or do, shall be prima facie evidence of the entry having been made, and of the contents thereof, or, as may be appropriate, of the matter&#8217;s or thing&#8217;s having been done or left undone.<\/p>\n<p>(2) Copies or extracts, purporting to be certified by the Controller or an officer of the Controller and sealed with the seal of the Controller, and purporting to be of or from applications for patents, patents, or other documents or books in the Office, or of or from registers kept there shall be admitted in any legal proceedings as prima facie evidence without further proof or production of the originals.<\/p>\n<h4>Information about and inspection of patent applications and patents.<\/h4>\n<p>88. \u2014(1) After publication of a patent application under section 28 the Controller shall, on a request&#8217;s being made in the prescribed manner and on payment of the prescribed fee, give the person making the request such information as may be prescribed and permit him to inspect such documents, relating to the application or to any patent granted in pursuance of the application, as may be specified in the request subject, however, to any prescribed restrictions.<\/p>\n<p>Copyright and Other Intellectual Property Law Provisions Act 2019<\/p>\n<p>(2) Subject to subsection (3), until a patent application is published under section 28, documents or information constituting or relating to the application shall not, without the consent of the applicant, be published or communicated to any person by the Controller.<\/p>\n<p>(3) Subsection (2) shall not prevent the Controller from\u2014<\/p>\n<p>( a ) sending the European Patent Office information which it is his duty to send that office under the European Patent Convention; or<\/p>\n<p>( b ) publishing or communicating any prescribed bibliographic information about an unpublished patent application; or<\/p>\n<p>( c ) giving information as to whether an unpublished patent application has been either withdrawn or is deemed to be withdrawn.<\/p>\n<h4>\nRequest for search.<\/h4>\n<p>89. \u2014The Controller may, on a request being made to him in the prescribed manner by any person, and on payment of the prescribed fee, cause a search to be made as regards any product, process or apparatus specified by the person making the request and amongst such categories of documents as are so specified, being categories of documents which for the time being stand prescribed for the purposes of this section and cause to be furnished the results of such search to the person.<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-13178\" data-postid=\"13178\" class=\"themify_builder_content themify_builder_content-13178 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>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 [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[170],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/13178"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=13178"}],"version-history":[{"count":12,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/13178\/revisions"}],"predecessor-version":[{"id":35589,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/13178\/revisions\/35589"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=13178"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=13178"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=13178"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}