Knowledge Development Box (Certification of Inventions) Act 2017

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Number 6 of 2017


KNOWLEDGE DEVELOPMENT BOX (CERTIFICATION OF INVENTIONS) ACT 2017


CONTENTS

PART 1

Preliminary and General

Section

1. Short title, collective citation and commencement

2. Interpretation

3. Expenses

PART 2

Requirements that must be met before KDB Certificate may be Issued in Respect of Invention

4. Invention must be novel, non-obvious and useful

5. Cases in which KDB certificate shall not be issued

6. KDB certificate may only be issued for one invention except in specified cases

PART 3

Application for KDB Certificate, Determination of Application and Reviews

7. Application for KDB certificate

8. Insufficient information, etc.

9. Certain applications made in respect of 2 or more inventions

10. Withdrawal of application

11. New application may be made following withdrawn application

12. Decision to issue KDB certificate

13. Decision to refuse to issue KDB certificate

14. Review of decision to refuse to issue KDB certificate

15. New application may be made following refusal to issue KDB certificate

PART 4

Administration

16. Authorisations by Controller

17. Confidentiality of records, etc.

18. KDB report

19. Indemnity

PART 5

Miscellaneous

20. Forgery of documents

21. Rules

22. Liability for offences by body corporate

23. Fees

24. Forms

PART 6

Amendment of Patents Act 1992

25. Definition

26. Application

27. Amendment of section 29 of Act of 1992

28. Amendment of section 30 of Act of 1992

29. Observations by third party on patentability

30. Amendment of section 31 of Act of 1992

31. Annual report


Acts Referred to

Finance Act 2015 (No. 52)

Patents Act 1992 (No. 1)

Patents Acts 1992 to 2014

Taxes Consolidation Act 1997 (No. 39)

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Number 6 of 2017


KNOWLEDGE DEVELOPMENT BOX (CERTIFICATION OF INVENTIONS) ACT 2017


An Act to provide for the issue, by the Controller of Patents, Designs and Trade Marks, to a relevant company of a knowledge development box certificate in respect of an invention by that company which is novel, non-obvious and useful, as specified in the definition of “intellectual property for small companies” in section 769R of the Taxes Consolidation Act 1997 , in order to enable the company to use the certificate to obtain a tax benefit under the Taxes Consolidation Act 1997 ; to amend the Patents Act 1992 to ensure that Irish patents granted on or after the commencement of Part 6 of this Act can fall within paragraph (a) of the definition of “qualifying patent” in section 769G of the Taxes Consolidation Act 1997 ; and to provide for related matters.

[12th April, 2017]

Be it enacted by the Oireachtas as follows: