Patents

A patent confers upon its holder, for a limited period, the right to exclude others from exploiting (making, using, selling, importing) the patented invention, except with the consent of the owner of the patent. A patent is a form of “industrial property”, which can be assigned, transferred, licensed or used by the owner.

In order to be patentable an invention must be novel, involve an inventive step and be susceptible of industrial application.

Patents are territorial in effect, for example, patents granted by the Intellectual Property Office of Ireland are valid only in Ireland. The Irish Patents system provides for two patent types, namely, full-term, 20-year patents and short-term, 10-year patents. To maintain an Irish patent in force, annual renewal fees must be paid each year.

Other types of patents available to Irish applicants are European Patents administered by the European Patent Office with the potential for protection in 38 member states and international patents under the Patent Cooperation Treaty with potential for protection in over 148 countries party to the Treaty, for which the Intellectual Property Office of Ireland acts as a receiving office.

Although no EU system of patent protection currently exists, plans are at an advanced stage for the introduction of a Unitary European Union system of patent protection and for an international Court in which patent litigation will be heard. The system commonly referred to as “The Patents Package”.

The patents package consists of three elements:

• an EU Regulation creating a European patent with unitary effect (unitary patent)
• an EU Regulation establishing a translation regime for the unitary patent
• an international agreement among 25 EU Member States setting up a single specialised patent jurisdiction - the Unified Patent Court

Both the unitary patent and the Court will come into force at the same time once all the preparatory work is complete and the required number of ratifications of the UPCA by Member States is completed.

European patent with unitary effect

In December 2012 agreement was reached on two Regulations for the implementation of unitary patent protection.

Regulation (EU) No 1257/2012 of the European Parliament and of the Council implementing enhanced cooperation in the area of the creation of the unitary patent and Regulation (EU) No 1260/2012 with regard to the applicable translations arrangements. Both Regulations will come into effect in tandem with the international Agreement on a Unified Patent Court.

Regulation (EU) No 1257/2012 of the European Parliament and of the Council of 17 December 2012 implementing enhanced cooperation in the area of the creation of unitary patent protection

Council Regulation (EU) No 1260/2012 of 17 December 2012 implementing enhanced cooperation in the area of the creation of unitary patent protection with regard to the applicable translation arrangements

The International Agreement on a Unified Patent Court

The Unified Patent Court will be a centralised patent court where inventors can enforce their patent rights in 25 Member States through instigating one legal case. The Unified Patent Court will have jurisdiction over EU Unitary Patents and, after a transitional period of 7 years, over European Patents granted by the EPO.

Related websites

Intellectual Property Office of Ireland

European Patent Office

World Intellectual Property Office

Call for views in response to the proposal for a regulation on standard essential patents and amending Regulation (EU) 2017/1001

Call for views in response to proposals for regulations on supplementary protection certificates

Unofficial consolidated patents legislation

An unofficial consolidated copy of the principal patent legislation Patents Act 1992 and supporting Patents Rules 1992 which identifies each amendment by separate colour. For reference purposes only.

Unofficial consolidated Patents Act 1992 (as amended)

Unofficial consolidated Patents Rules 1992 (as amended)

Patents primary legislation effective in Ireland

Primary legislation:

• Knowledge Development Box (Certification of Inventions) Act 2017
• Intellectual Property (Miscellaneous Provisions) Act 2014
• Patents Act 1992
• Patents (Amendment) Act 2012
• Patents (Amendment) Act 2006
• Intellectual Property (Miscellaneous Provisions) Act 1998

Patents secondary legislation

Secondary legislation on patents in Ireland consists of statutory instruments (SI) that fall into one of the following categories:

• Patent Rules 1992 and subsequent amendments
• Giving effect in Irish law to EU regulations relating to patents
• Commencements Orders, fee changes, etc.

SIs, Rules, Fees and Commencement Orders made under the primary legislation are available to view under the Principal Act on the Irish Statute Book: Patents Act 1992

Regulations implementing EU patents legislation into Irish law

• European Union (Protection of Trade Secrets) Regulations 2018 (SI No 188 of 2018)
• European Communities (Patent Agents) Regulations 2015 (SI No 579 of 2015)
• Regulation (EC) No 469/2009 of the European parliament and of the Council of 6 May 2006
• European Communities (Compulsory Licensing of Patents Relating to The Manufacture of *Pharmaceutical Products for Export to Countries with Public Health Problems) Regulations 2008 (SI No 408 of 2008)
• European Communities (Supplementary Protection Certificate) Regulations 2008 (SI No 307 of 2008)
• Regulation (EC) No 1901/2006 of the European Parliament and of the Council of 12 December 2006
• European Communities (Patent Agents) Regulations 2006 (SI No 141 of 2006)
• European Communities (Limitation of Effect of Patent) Regulations 2006 (SI No 50 of 2006)
• European Communities (Supplementary Protection Certificate)(Amendment) Regulations, 2001 (SI No 648 of 2001)
• European Communities (Legal Protection of Biotechnological Inventions) Regulations, 2000 (SI No 247 of 2000)
• Regulation (EC) No 1610/96 of the European Parliament and the Council of 23rd July 1996 concerning the creation of a supplementary protection certificate for plant protection products
• The European Communities (Supplementary Protection Certificate) Regulations, 1993 (SI No 125 of 1993). These Regulations have been revoked by SI No 307 of 2008 (above)
• Directive 98/44/EC of the European Parliament and the Council of 6 July 1998 on the legal protection of biotechnological inventions

Other

Patents (International Arrangements) Order 1996 (SI No 38 of 1996)

International Agreements or Treaties effective in Ireland

Patent Law Treaty (2000)

The Patent Law Treaty (PLT) aims to harmonise and streamline formal procedures in respect of national and regional patent applications and patents, making those procedures more user-friendly. The PLT was agreed on 1 June 2000 and entered into force on 28 April 2005. Ireland deposited its instrument of ratification for the Patent Law Treaty at the World Intellectual Property Organisation (WIPO) in Geneva on 27 February 2012 and it came into effect in Ireland on 27 May 2012.

Notification of Ireland’s Ratification of the Patent Law Treaty

More on the Patent Law Treaty

Patent Cooperation Treaty (1970)

The Patent Cooperation Treaty (PCT) was signed in 1970 and came into force in 1978. Ireland ratified the Treaty in 1992. The PCT now has 145 contracting states. The Treaty makes it possible to seek patent protection for an invention simultaneously in each of a large number of countries by filing an “international" patent application.

More on the Patent Cooperation Treaty

European Patent Convention (2000)

The European Patent Convention (EPC) lays down the legal basis for granting European Patents. Ireland has been a party to the EPC and a member of the European Patent Organisation (EPO) (a non-EU body with 38 member states), since 1 August 1992. The EPC was revised by a Diplomatic Conference on 29 November 2000. The revised version of the European Patent Convention (EPC 2000) came into force on 13 December 2007.

Trade Related Aspects of International Property Rights (TRIPS) (1994)

TRIPS relates to the inclusion of certain intellectual property rights, including patent protection, under the auspices of the World Trade Organisation (WTO). It ensures a minimum threshold of IP rights applies in all member states that are members of the WTO. It was incorporated into patent legislation in Ireland by means of the Patents (Amendment) Act 2006.

More on TRIPS