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Legislative Implementation of Flexibilities - Ireland

Title:Articles 29, 30, 31, 34 and 35 of the Patent Act No. 1 of 1992 as last amended by Act No. 31 of 2006
Field of IP:Patents
Type of flexibility:Substantive examination
Summary table:PDF

Provisions of Law

29.-(1) If a patent application under this Part has a date of filing, includes one or more claims and is not withdrawn or deemed to be withdrawn the Controller shall, on the request of the applicant made within the prescribed time, accompanied by the prescribed fee ("the search fee") cause a search to be undertaken in relation to the invention and a report (a "search report") of the results of the search to be prepared. The rules may specify by whom the search report shall be prepared and the scope thereof.

(2) If it appears, in the course of the search, that an application discloses more than one invention the search shall be conducted in relation only to the first invention specified in the claims. A search may however be conducted in relation to the additional invention, or inventions, if the applicant, within the time allowed by the Controller, submits a request to that effect accompanied by the search fee.

(3) The Controller shall send a copy of the search report to the applicant and, unless the application is withdrawn within a prescribed period, shall publish it.

(4) If the application is not withdrawn, the Controller shall allow the applicant an opportunity to amend the application in the light of the search report or reports. Any amendments shall be submitted within the prescribed period. If the applicant fails, before the expiry of the prescribed period, either to submit amendments to the application or a statement that no amendment is considered necessary, the application may be refused by the Controller. In the case of an application to which subsection (2) applies, such application shall be amended so as to confine it to one invention only.

30.-(1) In lieu of making the request provided for in section 29(1), an applicant for a patent under this Part may, within the time prescribed for the purpose of section 29(1), submit a statement to the Controller that an application for a patent for the same invention has been made in a prescribed foreign state or under the provisions of any prescribed convention or treaty and where such a statement is submitted the applicant shall submit, within the prescribed period, such evidence as may be prescribed of either-

(a) the results of the search carried out on the said application, or

(b) the grant of a patent in pursuance of the said application.

(2) The applicant shall, if so required by the Controller, also furnish to the Controller within the prescribed time such information as may be prescribed with regard to the filing of foreign applications for protection of the invention for which a patent is sought.

(3) The evidence submitted under subsection (1) shall be accompanied by the prescribed fee. Unless the application is subsequently withdrawn within a prescribed period the evidence shall be published by the Controller.

(4) Where the evidence submitted is that referred to in subsection (1)(a) the Controller shall, unless the application is withdrawn, allow the applicant an opportunity to amend the application in the light of that evidence. Any amendments shall be submitted within the prescribed period. If the applicant fails, before the expiry of the prescribed period, either to submit amendments to the application or a statement that no amendment is considered necessary, the application may be refused by the Controller.

(5) Where the evidence submitted is that referred to in subsection (1)(b) the Controller shall, unless the application is withdrawn, allow the applicant an opportunity to amend the application in the light of that evidence. The applicant shall in particular submit such amendments as are required to the specification so that the subject-matter claimed therein does not extend beyond that of the evidence. Any amendments shall be submitted within the prescribed period. If the applicant fails, before the expiry of the prescribed period, either to submit amendments to the application or a statement that no amendment is considered necessary the application may be refused by the Controller.

(6) Any amendment or statement submitted in pursuance of subsections (4) and (5) or section 29(4) shall, where a duly authorized patent agent acts on behalf of the applicant, be submitted by such agent.

31.-(1) If it appears to the Controller that an application does not comply with a requirement of this Act or the rules made thereunder (other than the requirements of sections 9(1), 11, 13, 14, 19 and 20), the Controller shall so inform the applicant and if the applicant, within the time specified by the Controller, fails to satisfy the Controller that the said requirement is complied with or to amend the application so as to comply therewith the Controller may, subject to section 90, refuse the application.

(2) Nothing in subsection (1) shall preclude the Controller from refusing, or requiring amendment of, a patent application by reference to any requirement of a section mentioned in that subsection which may be specified in rules.

(3) A patent shall not be granted by the Controller until he has requested the applicant to pay the prescribed fee for the grant of a patent and the applicant has paid the said fee within the prescribed time. If the said fee is not so paid, the application shall be deemed to be withdrawn.

(4) The grant of a patent shall be notified to the applicant in the prescribed form.

(5) Where two or more patent applications for the same invention having the same date of filing or the same date of priority are filed by the same applicant or his successor in title, the Controller may on that ground refuse to grant a patent in respect of more than one of the applications.

34.-(1) The Controller shall as soon as practicable after a patent has been granted publish a notice of the grant in the Journal.

(2) At the same time as the publication of the notice of a grant, the Controller shall publish a specification of the patent containing the description and claims, and drawings (if any), and also such matters and information as appear to him to be useful or important.

35.-(1) A pending application shall lapse at the end of the period prescribed for the payment of any renewal fee if the fee is not paid within that period or within that period as extended under this section.

(2) 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 the applicant to the Controller if the request is made and the prescribed additional fee paid before the expiration of the period of extension so specified.

(3) The provisions of section 37 shall apply to an application to which this section relates as if the references in that section to a patent and the proprietor of a patent were references to a patent application and the applicant for a patent, respectively.

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