Industrial and Commercial Property (Protection) Act, 1927

Effect of existing British patents.

29.—(1) Every patent granted by the Patent Office in London before the commencement of this Part of this Act shall have and be deemed always to have had in Saorstát Eireann during the period between the 6th day of December, 1921, or the date of such patent (whichever is the later) and the commencement of this Part of this Act the same force and effect as such patent had during that period in Great Britain, but from and after the commencement of this Part of this Act every such patent shall (notwithstanding that it bears a date prior to the passing of this Act or to the commencement of this Part of this Act) be deemed to be a patent granted under this Act as of the date such patent actually bears and shall have immediately on the commencement of this Part of this Act the same force and effect in Saorstát Eireann as such patent had in Great Britain immediately before such commencement and shall thenceforth have and be subject to all privileges, liabilities and incidents conferred or imposed by this Act or otherwise by law on patents granted under this Act.

(2) No fees shall be payable under this Act on any such patent as is mentioned in the foregoing sub-section in respect of anything done or any period of time expired before the commencement of this Part of this Act, but the like fees shall be payable on every such patent in respect of everything done and every period of time expiring after the commencement of this Part of this Act as would have been payable if such patent had been a patent granted under this Act on the date actually borne by such patent notwithstanding that such date is prior to the passing of this Act or to the commencement of this Part of this Act.

(3) Every patent granted by the Patent Office in London after the commencement of this Part of this Act and bearing date as of a day prior to such commencement shall (notwithstanding that it bears a date prior to the passing of this Act or to the commencement of this Part of this Act) be deemed to be a patent granted under this Act as of the date such patent actually bears and accordingly every such patent shall have the like force and effect in Saorstát Eireann as it would have had if it had been granted under this Act as of the date it actually bears but with and subject to all privileges, liabilities, and incidents conferred or imposed by this Act on patents granted under this Act.

(4) No fees shall be payable under this Act on any such patent as is mentioned in the next foregoing sub-section in respect of anything done or any period of time expired before the actual grant of the patent, but the like fees shall be payable on every such patent in respect of everything done and every period of time expiring after the actual grant of the patent as would have been payable on such patent if such patent had been a patent granted under this Act on the date borne by such patent notwithstanding that such date is prior to the passing of this Act or to the commencement of this Part of this Act.

(5) In every case in which a complete specification has been accepted by the Comptroller-General of the Patent Office in London before the commencement of this Part of this Act (whether before or after the passing of this Act) and the patent pursuant thereto has not been sealed and the time for such sealing has not expired at the commencement of this Part of this Act, the applicant for such patent shall during the time between the date of such acceptance or the 6th day of December, 1921 (whichever date is the later) and the sealing of the patent or the expiration of the time for sealing have and be deemed always to have had the like privileges and rights in Saorstát Eireann as if a patent for the invention had been granted to him under this Act on the date of the application to the Patent Office in London for such patent notwithstanding that such last-mentioned date is prior to the passing of this Act or to the commencement of this Part of this Act, but the said applicant shall not be entitled to institute in Saorstát Eireann any proceedings for infringement until a patent which by virtue of this section is deemed to be a patent granted under this Act has been granted to him for the invention.

(6) No fees shall be receivable in the Office in respect of any such patent as is mentioned in this section unless or until certified copies of the entries in the British register relating to the patent have been furnished to the controller for registration and a copy of the complete specification on which the British patent was granted has been lodged with the controller, but the failure to lodge such copies shall not relieve from the liability to pay any fees or from the consequences of the non-payment thereof.

(7) The holder of a patent which by virtue of this section is deemed to be a patent granted under this Act shall not be entitled to apply for or be granted under this Act any other patent for the invention for which such first-mentioned patent was granted.