S.I. No. 334/2012 - Patents (Amendment) Rules 2012.


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 7th September, 2012.

I, SEÁN SHERLOCK, Minister of State at the Department of Jobs, Enterprise and Innovation, in exercise of the powers conferred on me by sections 99 and 114 of the Patents Act 1992 (No. 1 of 1992) and the Enterprise, Trade and Innovation (Delegation of Ministerial Functions) (No. 4) Order 2011 ( S.I. No. 241 of 2011 ) (as adapted by the Enterprise, Trade and Innovation (Alteration of Name of Department and Title of Minister) Order 2011 ( S.I. No. 245 of 2011 )), and in relation to the said section 99, with the sanction of the Minister for Public Expenditure and Reform, hereby make the following rules:

1. (1) These Rules may be cited as the Patents (Amendment) Rules 2012.

(2) These Rules shall come into operation on 3 September 2012.

2. In these Rules—

“Principal Rules” means the Patents Rules 1992 ( S.I. No. 179 of 1992 );

“Rules of 2009” means the Patents (Amendment) Rules 2009 ( S.I. No. 194 of 2009 ).

3. The Principal Rules are amended—

(a) by the deletion of—

(i) Rule 83 (inserted by Rule 2 of the Patents (Amendment) Rules 2008 ( S.I. No. 71 of 2008 )), and

(ii) Rules 83A and 83B (inserted by paragraph (s) of Rule 3 of the Rules of 2009),

(b) in paragraph (4) of Rule 95, by the deletion of “, unless such a translation has already been filed under section 119(6)”,

(c) in paragraph (3) of Rule 98 (inserted by paragraph (w) of Rule 3 of the Rules of 2009), by the substitution of “82A and 86” for “82A, 83A, 83B and 86”, and

(d) in Schedule I—

(i) by the deletion of the text in columns (2) and (3) opposite item number 45A (inserted by Rule 3(ab)(ii) of the Rules of 2009),

(ii) by the deletion of the text in columns (2) and (3) opposite item number 45B (inserted by the said Rule 3(ab)(ii)),

(iii) by the deletion of the text in columns (2) and (3) opposite item number 46, and

(iv) in column (2) opposite item number 52A (inserted by the said Rule 3(ab)(ii)) by the substitution of “section 118A(1)” for “Rule 118A(1)”.

The Minister for Public Expenditure and Reform hereby gives his sanction to the making of the foregoing rules.

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GIVEN under the Official Seal of the

31 August 2012.

BRENDAN HOWLIN,

Minister for Public Expenditure and Reform.

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GIVEN under my hand,

4 September 2012.

SEÁN SHERLOCK,

Minister of State at the Department of Jobs Enterprise and Innovation.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These amendments to the Patents Rules 1992 provide for the revocation of rules now deemed unnecessary as a result of the simplified translation requirements brought into the Patents Act 1992 by means of the Patents (Amendment) Act 2012 .