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Number 1 of 1992
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PATENTS ACT, 1992
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ARRANGEMENT OF SECTIONS
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PART I
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Preliminary and General
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Section
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1.
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Short title and commencement.
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2.
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Interpretation.
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3.
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Orders and rules.
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4.
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Expenses.
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5.
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Repeals and transitional provisions.
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PART II
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Patents Generally
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CHAPTER I
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The Patents Office and the Controller
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6.
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The Patents Office and the Controller of Patents, Designs and Trade Marks.
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7.
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Grant of patents.
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8.
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Extent of application of Part II.
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CHAPTER II
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Patentability
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9.
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Patentable inventions.
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10.
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Exceptions to patentability.
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11.
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Novelty.
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12.
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Non-prejudicial disclosures.
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13.
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Inventive step.
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14.
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Industrial application.
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CHAPTER III
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Applications
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15.
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Right to apply for patent.
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16.
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Right to patent.
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17.
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Mention of inventor.
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18.
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Making of application.
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19.
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Disclosure of invention.
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20.
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Claims.
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21.
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Unity of invention.
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22.
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Abstract.
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23.
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Date of filing application.
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24.
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Divisional application.
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25.
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Priority right.
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26.
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Claiming priority.
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27.
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Effect of priority right.
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28.
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Publication of application.
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CHAPTER IV
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Procedure up to Grant
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29.
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Search report.
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30.
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Use of foreign specification or search report.
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31.
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Refusal or grant of patent.
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32.
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Amendment of application.
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33.
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Withdrawal of application.
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34.
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Notification of grant; publication of specification.
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35.
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Continuation in force of applications.
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CHAPTER V
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Provisions as to Patents after Grant
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36.
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Term of patent.
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37.
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Restoration of lapsed patents.
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38.
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Amendment after grant.
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39.
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Surrender of patent.
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CHAPTER VI
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The Effects of a Patent and a Patent Application
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40.
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Prevention of direct use of invention.
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41.
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Prevention of indirect use of invention.
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42.
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Limitation of effect of patent.
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43.
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Limitation of rights.
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44.
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Rights conferred by patent application after publication.
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45.
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Extent of protection.
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46.
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Burden of proof.
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CHAPTER VII
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Infringement
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47.
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Action for infringement of patent.
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48.
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Proceedings for infringement by co-owner.
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49.
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Restrictions on recovery of damages for infringement.
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50.
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Relief for infringement of partially valid patent.
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51.
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Proceedings for infringement by exclusive licensee.
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52.
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Certificate of contested validity of patent.
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53.
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Remedy for groundless threats of infringement proceedings.
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54.
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Power of Court to make declaration as to non-infringement.
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55.
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Right to continue use begun before date of filing or priority.
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56.
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Action for infringement of published application.
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CHAPTER VIII
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Revocation
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57.
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Application for revocation of patent.
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58.
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Grounds for revocation.
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59.
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Examination of application for revocation.
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60.
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Controller's power to revoke patents on his own initiative.
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61.
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Circumstances in which validity of patent may be put in issue.
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62.
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Controller to be given notice of Court proceedings.
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PART III
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Short-Term Patents
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63.
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Application for short-term patent.
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64.
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Patent under Part II and a short-term patent not to co-exist for same invention.
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65.
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Provisions relating to short-term patents and applications therefor.
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66.
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Actions for infringement.
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67.
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Special ground for revocation of short-term patent.
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PART IV
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Voluntary and Compulsory Licences
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68.
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Application for entry in register that licences of right are available.
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69.
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Cancellation of entry.
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70.
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Compulsory licences.
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71.
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Provisions as to compulsory licences.
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72.
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Licences, etc. on application of Minister of Government.
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73.
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Procedure on applications under sections 70 and 72.
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74.
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Appeals and references to arbitrator.
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75.
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Supplementary provisions as to licences.
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PART V
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Use of Inventions for the Service of the State
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76.
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Assignment of invention, application, or patent to Minister of Government.
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77.
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Right to use inventions for service of State.
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78.
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Use of inventions pursuant to section 77; supplementary provisions.
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PART VI
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Property in Patent Applications and Patents Contract Conditions
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79.
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Nature of patent applications and patents.
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80.
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Co-ownership of patent applications and patents.
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81.
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Determination of entitlement to patents, etc.
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82.
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Effect of change of proprietorship.
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83.
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Avoidance of certain conditions in contracts.
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PART VII
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Register of Patents; Evidence of Register, Documents, etc.
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84.
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Register of patents.
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85.
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Assignment, etc. of patent applications and patents.
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86.
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Power of Court to amend register.
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87.
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Certificate of Controller and certified copies of documents to be evidence.
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88.
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Information about and inspection of patent applications and patents.
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89.
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Request for search.
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PART VIII
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Proceedings Before the Controller or the Court
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90.
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Exercise of discretionary power by Controller.
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91.
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Costs and security for costs.
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92.
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Evidence before Controller.
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93.
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Right of audience before Controller.
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94.
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Privileged communications.
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95.
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Assessors.
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96.
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Appeals from decisions of Controller.
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PART IX
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The Controller: Supplementary Provisions
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97.
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Appointment of Controller.
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98.
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Appointment of officers of Controller.
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99.
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Fees.
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100.
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Official Journal and publication of information.
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101.
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Certain reports to be privileged.
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102.
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Controller may apply to Attorney General for advice.
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103.
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Annual report.
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104.
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Hours of business and excluded days.
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PART X
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Patent Agents
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105.
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Authorized agent may act.
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106.
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Unauthorized claim to be patent agent.
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107.
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Entitlement to be registered as patent agent.
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108.
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Removal from register or suspension of registration of patent agents.
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109.
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Rules relating to patent agents.
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PART XI
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Miscellaneous
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110.
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Correction of errors.
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111.
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Falsification of register, etc.
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112.
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Unauthorized claim of patent rights.
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113.
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False suggestion of official connection with Office.
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114.
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Power of Minister to make rules.
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115.
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Service of notice, etc. by post.
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116.
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Articles forfeited under law.
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117.
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Extent of territorial protection.
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118.
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Immunity of Minister, Controller and officers as regards official acts.
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PART XII
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Provisions Regarding International Conventions
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119.
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Effect of European patent.
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120.
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Effect of filing application for European patent.
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121.
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Authentic text of European patents and patent applications.
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122.
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Conversion of European patent application.
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123.
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Determination by Court of questions as to right to European patent.
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124.
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Effect of patent decisions of competent authorities of other states.
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125.
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Patent agents and other representatives.
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126.
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European patent attorneys.
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127.
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International applications for patents.
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128.
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Orders to give effect to international agreements relating to patents.
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129.
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Evidence of conventions and instruments under conventions.
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130.
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Obtaining evidence for proceedings under European Patent Convention.
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131.
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Communication of information to European Patent Office, etc.
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132.
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Financial provisions.
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FIRST SCHEDULE
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Transitional Provisions
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SECOND SCHEDULE
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Directions referred to in section 45 (3)
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Acts Referred to
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Arbitration Act, 1954
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1954, No. 26
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Companies Act, 1963
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1963, No. 33
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Continental Shelf Act, 1968
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1968, No. 14
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Foreign Tribunals' Evidence Act, 1856
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1856, c. 113
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Industrial and Commercial Property (Protection) Act, 1927
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1927, No. 16
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Local Government Act, 1941
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1941, No. 23
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Maritime Jurisdiction Act, 1959
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1959, No. 22
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Patents Act, 1964
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1964, No. 12
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Patents (Amendment) Act, 1966
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1966, No. 9
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Petty Sessions (Ireland) Act, 1851
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1851, c. 93
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Public Offices Fees Act, 1879
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1879, c. 58
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Solicitors Act, 1954
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1954, No. 36
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Superannuation and Pensions Act, 1976
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1976, No. 22
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Number 1 of 1992
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PATENTS ACT, 1992
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AN ACT TO MAKE NEW PROVISION IN RESPECT OF PATENTS AND RELATED MATTERS IN SUBSTITUTION FOR THE PROVISIONS OF THE PATENTS ACTS, 1964 AND 1966; TO ENABLE EFFECT TO BE GIVEN TO CERTAIN INTERNATIONAL CONVENTIONS ON PATENTS; AND TO PROVIDE FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [27th February, 1992]
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BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
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PART I
Preliminary and General
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Short title and commencement.
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1.—(1) This Act may be cited as the Patents Act, 1992.
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(2) Except as otherwise provided, this Act shall come into operation on such day as the Minister may by order appoint.
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Interpretation.
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2.—(1) In this Act, except where the context otherwise requires—
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“the Act of 1964” means the Patents Act, 1964 ;
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“applicant”, in relation to an application under this Act, means the person making the application and includes a person whose title has been registered under section 85 or in relation to whose title a direction has been given under that section and the personal representative of a deceased person by whom such an application is made;
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“application for a European patent” means an application made under the European Patent... |
