S.I. No. 71/2008 - Patents (Amendment) Rules 2008

S.I. No. 71 of 2008


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 18th March, 2008.

I, MICHAEL AHERN, Minister of State at the Department of Enterprise, Trade and Employment, in exercise of the powers conferred on me by section 114 of the Patents Act 1992 (No. 1 of 1992) (as adapted by the Enterprise and Employment (Alteration of Name of Department and Title of Minister) Order 1997 ( S.I. No. 305 of 1997 )) and the Enterprise, Trade and Employment (Delegation of Ministerial Functions) (No. 4) Order 2007 ( S.I. No. 562 of 2007 ), hereby make the following rules:

1. (1) These Rules may be cited as the Patents (Amendment) Rules 2008.

(2) These Rules shall be deemed to come into operation on 13 December 2007.

2. The Patents Rules 1992 ( S.I. No. 179 of 1992 ) are amended by substituting the following for Rule 83:

“Translation of specification of European patent.

83. (1) The period prescribed for the purposes of—

(a) section 119(6)(a), in respect of a specification, or

(b) section 119(6)(b), in respect of an amended or limited specification

shall be 6 months from the date of publication of the specification, or the amended or limited specification.

(2) The specification, or the amended or limited specification, as the case may be, shall not be regarded as having been filed unless the prescribed fee is also paid within the period specified in paragraph (1).”.


GIVEN under my Hand,

13 March 2008


Minister of State at the Department of Enterprise, Trade and Employment.


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

Rule 83 has been amended to include the period within which a translation of a limited specification of a European patent must be filed.