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Patents Act, 1992

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Number 1 of 1992


PATENTS ACT, 1992


ARRANGEMENT OF SECTIONS

PART I

Preliminary and General

Section

1.

Short title and commencement.

2.

Interpretation.

3.

Orders and rules.

4.

Expenses.

5.

Repeals and transitional provisions.

PART II

Patents Generally

CHAPTER I

The Patents Office and the Controller

6.

The Patents Office and the Controller of Patents, Designs and Trade Marks.

7.

Grant of patents.

8.

Extent of application of Part II.

CHAPTER II

Patentability

9.

Patentable inventions.

10.

Exceptions to patentability.

11.

Novelty.

12.

Non-prejudicial disclosures.

13.

Inventive step.

14.

Industrial application.

CHAPTER III

Applications

15.

Right to apply for patent.

16.

Right to patent.

17.

Mention of inventor.

18.

Making of application.

19.

Disclosure of invention.

20.

Claims.

21.

Unity of invention.

22.

Abstract.

23.

Date of filing application.

24.

Divisional application.

25.

Priority right.

26.

Claiming priority.

27.

Effect of priority right.

28.

Publication of application.

CHAPTER IV

Procedure up to Grant

29.

Search report.

30.

Use of foreign specification or search report.

31.

Refusal or grant of patent.

32.

Amendment of application.

33.

Withdrawal of application.

34.

Notification of grant; publication of specification.

35.

Continuation in force of applications.

CHAPTER V

Provisions as to Patents after Grant

36.

Term of patent.

37.

Restoration of lapsed patents.

38.

Amendment after grant.

39.

Surrender of patent.

CHAPTER VI

The Effects of a Patent and a Patent Application

40.

Prevention of direct use of invention.

41.

Prevention of indirect use of invention.

42.

Limitation of effect of patent.

43.

Limitation of rights.

44.

Rights conferred by patent application after publication.

45.

Extent of protection.

46.

Burden of proof.

CHAPTER VII

Infringement

47.

Action for infringement of patent.

48.

Proceedings for infringement by co-owner.

49.

Restrictions on recovery of damages for infringement.

50.

Relief for infringement of partially valid patent.

51.

Proceedings for infringement by exclusive licensee.

52.

Certificate of contested validity of patent.

53.

Remedy for groundless threats of infringement proceedings.

54.

Power of Court to make declaration as to non-infringement.

55.

Right to continue use begun before date of filing or priority.

56.

Action for infringement of published application.

CHAPTER VIII

Revocation

57.

Application for revocation of patent.

58.

Grounds for revocation.

59.

Examination of application for revocation.

60.

Controller's power to revoke patents on his own initiative.

61.

Circumstances in which validity of patent may be put in issue.

62.

Controller to be given notice of Court proceedings.

PART III

Short-Term Patents

63.

Application for short-term patent.

64.

Patent under Part II and a short-term patent not to co-exist for same invention.

65.

Provisions relating to short-term patents and applications therefor.

66.

Actions for infringement.

67.

Special ground for revocation of short-term patent.

PART IV

Voluntary and Compulsory Licences

68.

Application for entry in register that licences of right are available.

69.

Cancellation of entry.

70.

Compulsory licences.

71.

Provisions as to compulsory licences.

72.

Licences, etc. on application of Minister of Government.

73.

Procedure on applications under sections 70 and 72.

74.

Appeals and references to arbitrator.

75.

Supplementary provisions as to licences.

PART V

Use of Inventions for the Service of the State

76.

Assignment of invention, application, or patent to Minister of Government.

77.

Right to use inventions for service of State.

78.

Use of inventions pursuant to section 77; supplementary provisions.

PART VI

Property in Patent Applications and Patents Contract Conditions

79.

Nature of patent applications and patents.

80.

Co-ownership of patent applications and patents.

81.

Determination of entitlement to patents, etc.

82.

Effect of change of proprietorship.

83.

Avoidance of certain conditions in contracts.

PART VII

Register of Patents; Evidence of Register, Documents, etc.

84.

Register of patents.

85.

Assignment, etc. of patent applications and patents.

86.

Power of Court to amend register.

87.

Certificate of Controller and certified copies of documents to be evidence.

88.

Information about and inspection of patent applications and patents.

89.

Request for search.

PART VIII

Proceedings Before the Controller or the Court

90.

Exercise of discretionary power by Controller.

91.

Costs and security for costs.

92.

Evidence before Controller.

93.

Right of audience before Controller.

94.

Privileged communications.

95.

Assessors.

96.

Appeals from decisions of Controller.

PART IX

The Controller: Supplementary Provisions

97.

Appointment of Controller.

98.

Appointment of officers of Controller.

99.

Fees.

100.

Official Journal and publication of information.

101.

Certain reports to be privileged.

102.

Controller may apply to Attorney General for advice.

103.

Annual report.

104.

Hours of business and excluded days.

PART X

Patent Agents

105.

Authorized agent may act.

106.

Unauthorized claim to be patent agent.

107.

Entitlement to be registered as patent agent.

108.

Removal from register or suspension of registration of patent agents.

109.

Rules relating to patent agents.

PART XI

Miscellaneous

110.

Correction of errors.

111.

Falsification of register, etc.

112.

Unauthorized claim of patent rights.

113.

False suggestion of official connection with Office.

114.

Power of Minister to make rules.

115.

Service of notice, etc. by post.

116.

Articles forfeited under law.

117.

Extent of territorial protection.

118.

Immunity of Minister, Controller and officers as regards official acts.

PART XII

Provisions Regarding International Conventions

119.

Effect of European patent.

120.

Effect of filing application for European patent.

121.

Authentic text of European patents and patent applications.

122.

Conversion of European patent application.

123.

Determination by Court of questions as to right to European patent.

124.

Effect of patent decisions of competent authorities of other states.

125.

Patent agents and other representatives.

126.

European patent attorneys.

127.

International applications for patents.

128.

Orders to give effect to international agreements relating to patents.

129.

Evidence of conventions and instruments under conventions.

130.

Obtaining evidence for proceedings under European Patent Convention.

131.

Communication of information to European Patent Office, etc.

132.

Financial provisions.

FIRST SCHEDULE

Transitional Provisions

SECOND SCHEDULE

Directions referred to in section 45 (3)


Acts Referred to

Arbitration Act, 1954

1954, No. 26

Companies Act, 1963

1963, No. 33

Continental Shelf Act, 1968

1968, No. 14

Foreign Tribunals' Evidence Act, 1856

1856, c. 113

Industrial and Commercial Property (Protection) Act, 1927

1927, No. 16

Local Government Act, 1941

1941, No. 23

Maritime Jurisdiction Act, 1959

1959, No. 22

Patents Act, 1964

1964, No. 12

Patents (Amendment) Act, 1966

1966, No. 9

Petty Sessions (Ireland) Act, 1851

1851, c. 93

Public Offices Fees Act, 1879

1879, c. 58

Solicitors Act, 1954

1954, No. 36

Superannuation and Pensions Act, 1976

1976, No. 22

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Number 1 of 1992


PATENTS ACT, 1992


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]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: