Knowledge Development Box (Certification of Inventions) Act 2017
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Insufficient information, etc. | ||
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8. (1) If the Controller is satisfied that the application does not comply with all the requirements of section 7 that apply to the application, he or she shall give the applicant a notice in writing— | ||
(a) stating that the Controller is satisfied that the application does not comply with all the requirements of section 7 that apply to the application, | ||
(b) identifying (and, if the Controller considers it appropriate to do so, giving particulars of) such of those requirements in respect of which the Controller is satisfied that the application does not comply, | ||
(c) stating that the applicant may, within 30 days of the date of issue of the notice, or such longer period as the Controller may permit in any particular case (either at the initiative of the Controller or upon a request in writing made by the applicant to the Controller), revise and resubmit the application to take account of such of those requirements which the Controller has identified in the notice as being requirements in respect of which the Controller is satisfied that the application does not comply, and | ||
(d) stating that, if the applicant does not revise and resubmit the application in accordance with paragraph (c) before the expiration of the period concerned referred to in that paragraph, the applicant shall, by virtue of subsection (2), be deemed to have withdrawn the application. | ||
(2) If the applicant the subject of a notice under subsection (1)— | ||
(a) subject to subsections (3) and (4), does not revise and resubmit the application in accordance with paragraph (c) of subsection (1) before the expiration of the period concerned referred to in that paragraph, or | ||
(b) does not withdraw the application pursuant to section 10 before that expiration, | ||
the applicant shall, by virtue only of this subsection and with effect immediately upon that expiration, be deemed to have withdrawn the application. | ||
(3) Subsection (4) applies if— | ||
(a) the applicant revises and resubmits the application before the expiration of the period concerned referred to in paragraph (c) of subsection (1), and | ||
(b) the application still does not, however, take account of all of the requirements of section 7 which the Controller has identified in the notice concerned under subsection (1). | ||
(4) The Controller shall, as soon as is practicable after he or she receives the revised and resubmitted application, give the applicant a notice in writing identifying (and, if the Controller considers it appropriate to do so, giving particulars of) such of the requirements of section 7 in respect of which the Controller is satisfied that the application still does not comply. | ||
(5) Subject to subsection (6), the Controller shall be entitled to defer the consideration, or further consideration, of the application the subject of a notice under subsection (1) until the application is revised and resubmitted in accordance with paragraph (c) of that subsection. | ||
(6) The Controller shall cease the consideration, or further consideration, of the application the subject of a notice under subsection (1) if, by virtue of subsection (2), the applicant is deemed to have withdrawn the application. | ||
(7) The Minister at the end of each year (beginning with the year ending 31 December 2018) shall prepare and lay before each House of the Oireachtas an anonymised report outlining why applications for KDB certificates were not successful. |