Industrial and Commercial Property (Protection) Act, 1927

Revocation of patents by court.

41.—(1) Revocation of a patent may be obtained on petition to the court.

(2) Every ground on which a patent might formerly at common law have been repealed by scire facias shall be available by way of defence to an action of infringement and shall also be a ground of revocation under this section.

(3) A petition for revocation of a patent may be presented—

(a) by the law officer or any person authorised by him; or

(b) by any person alleging—

(i) that the patent was obtained in fraud of his rights, or of the rights of any person under or through whom he claims, or

(ii) that he, or any person under or through whom he claims, was the true inventor of any invention included in the patent, or

(iii) that he, or any person under or through whom he claims an interest in any trade, business, or manufacture, had publicly manufactured, used, or sold, within Saorstát Eireann, before the date of the patent, anything claimed by the patentee as his invention.