Patents Rules, 1992

• Jurisdiction: Ireland
• Citation: IR SI 179/1992
• Year: 1992

S.I. No. 179 of 1992.
PATENTS RULES, 1992.
ARRANGEMENT OF RULES.
Preliminary.
Rule
1. Citation.
2. Commencement.
3. Interpretation.
4. Revocation of existing rules, etc.
Rules for Part II, Chapter II of the Act.
5. Certificate of exhibition.
Rules for Part II, Chapter III of the Act.
6. Identification of inventor.
7. Right to be mentioned as inventor.
8. Form of request for grant.
9. Title of invention.
10. Description.
11. Claims.
12. Drawings.
13. The abstract.
14. Requirements concerning applications relating to micro-organisms.
15. Form of documents accompanying application.
16. Documents filed subsequently.
17. Single inventive concept; claims allowable.
18. Prescribed period in relation to late or non-filing of drawings.
19. Prescribed period for filing claims and abstract.
20. Provisions as to divisional applications.
21. Priority period.
22. Declaration of priority and priority documents.
23. Publication of application.
Rules for Part II, Chapter IV of the Act.
24. Request for search.
25. Corresponding applications abroad.
26. Prescribed states, etc.
27. Evidence under section 30.
28. Amendment following evidence.
29. Period for payment of fee for grant.
30. Amendment of request for grant.
31. Amendment of description, claims or drawings.
32. Certificate of grant.
33. Application renewal fee.
Rules for Part II, Chapter V of the Act.
34. Patent renewal fees.
35. Application for restoration.
36. Opposition to the restoration.
37. Action on restoration.
38. Conditions of restoration.
39. Amendment of specification of patent.
40. Surrender of patent.
Rules for Part II, Chapter VIII of the Act.
41. Revocation of patent by the Controller.
42. Award of costs in revocation proceedings.
43. Revocation of patent on Controller's initiative.
Rules for Part III of the Act.
44. Request for grant of short-term patent.
45. Request for search.
Rules for Part IV of the Act.
46. Application for entry that licences of right are available.
47. Application for settlement of terms of licence.
48. Cancellation of licence of right entry.
49. Opposition to cancellation.
50. Application for compulsory licence, etc.
51. Consideration of evidence by Controller.
52. Opposition to application.
Rules for Part VI of the Act.
53. Filing new application following order of Controller.
54. Request to continue use following transfer of patent.
Rules for Part VII of the Act.
55. Entries in the register.
56. Inspection of the register.
57. Change of name, etc. in register.
58. Application for registration of title, etc.
59. Cancellation of entry of interest in register.
60. Entry in register of payment of renewal fees.
61. Rectification of register.
62. Request for certificate of Controller.
63. Request for copy of document.
64. Request for information.
65. Inspection of documents and publication of data.
66. Request for search.
Rules for Part VIII of the Act.
67. Notice of hearing.
68. Application for and notice of intention to attend hearing.
69. Notification of decision.
70. Security for costs.
71. Form of statutory declaration.
72. Person before whom declaration made outside the State is to be taken.
73. Notice of seal of officer taking declaration to prove itself.
74. Time for filing evidence, etc.
75. Notice of application to Court.
76. Notice of Order of Court.
Rules for Part IX of the Act.
77. Days and hours of business.
78. Excluded days.
Rules for Part X of the Act.
79. Authorisation of patent agents.
80. Recognition of patent agents.
81. Place of residence of patent agents.
Rules for Part XI of the Act.
82. Correction of errors.
Rules for Part XII of the Act.
83. Translation of specification of European patent.
84. Translation of claims of European application.
85. Publication by the Office of corrected translation.
86. Conversion of European patent applications.
87. Filing of international applications at Office.
88. Communication of information.
General.
89. Fees.
90. Forms.
91. Signature of documents.
92. Address for service.
93. Representation by patent agent.
94. Furnishing of documents.
95. Documents in a foreign language.
96. Power to dispense with evidence, signature, etc.
97. General power of amendment.
98. General power to enlarge time.
99. Reinstatement of application.
Schedule I.
Fees Payable.
Schedule II.
Forms.
Schedule III.
Rules Revoked.
S.I. No. 179 of 1992.
PATENTS RULES, 1992.
I, DESMOND O'MALLEY, Minister for Industry and Commerce, in exercise of the powers conferred on me by section 114 of the Patents Act, 1992 (No. 1 of 1992), and in exercise, with the sanction of the Minister for Finance, of the powers conferred on me by section 99 of that Act, hereby make the following Rules:
Preliminary.
	1 Citation.	1. These Rules may be cited as the Patents Rules, 1992.
	2 Commencement.	2. These Rules shall come into operation on such day as the Minister appoints under section 1(2) for the commencement of the Act.
	3 Interpretation.	3. (1) In these Rules—
"the Act" means the Patents Act, 1992 ;
"Form" means a form set out in Schedule II.
(2) In these Rules, unless otherwise indicated, a reference by number to a Rule is to the Rule of these Rules bearing that number and a reference to a paragraph is a reference to a paragraph of the Rule in which the reference occurs.
	4 Revocation of existing rules, etc.	4. (1) Subject to paragraph (2), the Rules specified in Schedule III to these Rules are hereby revoked.
(2) The said Rules shall continue to apply in relation to any matter to which, by virtue of section 5 of and the First Schedule to the Act, any provisions of the Act of 1964 continue to apply.
Rules for Part II, Chapter II of the Act.
	5 Certificate of exhibition.	5. (1) An applicant for a patent who wishes the disclosure of matter constituting an invention to be disregarded in accordance with section 12 (1) (b) shall, at the time of the filing of the patent application, inform the Controller in writing that the invention has been displayed at an international exhibition.
(2) The applicant shall, within four months of the date of filing of the patent application, file the certificate referred to in section 12 (1) (b) issued at the exhibition by the authority responsible for the protection of industrial property at that exhibition, and stating that the invention was in fact exhibited there. The certificate shall also state the opening date of the exhibition and, where the first disclosure of the invention did not coincide with the opening date of the exhibition, the date of the first disclosure. The certificate shall be accompanied by an identification of the invention, duly authenticated by the above-mentioned authority.
Rules for Part II, Chapter III of the Act.
	6 Identification of inventor.	6. (1) Subject to the provisions of Rules 86 (1) and (2), if the applicant is not the sole inventor or the applicants are not the joint inventors, the statement under section 17 (2) identifying the inventor or inventors and, where required by section 17 (2)(b), the derivation of the right of the applicant or applicants to be granted the patent shall be made on Form No. 2 within the period of sixteen months after the date of priority or, where there is no claim to priority, the date of filing the application. An extra copy of this Form shall be filed for each inventor who is not also an applicant.
(2) If the statement referred to in paragraph (1) is furnished at the date of filing of the application it may be made on Form No. 1.
(3) Where a divisional application, or a new application under section 81, is filed after the period of 16 months prescribed in paragraph (1), the requirement of that provision shall be complied with at the actual filing date of the divisional or new application as the case may be.
	7 Right to be mentioned as inventor.	7. (1) An application to the Controller in pursuance of section 17 (1) or (3) by any person who alleges—
( a ) that he ought to have been mentioned as the inventor or joint inventor of an invention in any specification of a patent granted or published application for a patent for the invention; or
( b ) that any person mentioned as sole or joint inventor in any specification of a patent granted or published application for a patent for the invention ought not to have been so mentioned,
shall be accompanied by a statement in duplicate setting out fully the facts relied upon.
(2) The Controller shall send a copy of the application and statement to—
( a ) every person registered as applicant for or proprietor of the patent (other than the section 17 applicant himself),
( b ) every person who has been identified in the patent application or a statement filed under section 17 (2) (a) as being or being believed to be the inventor or joint inventor of the invention, and
( c ) every other person whose interests the Controller considers may be affected by the application under paragraph (1).
(3) Any recipient of such a copy of the application and statement who wishes to oppose the application shall, within three months of their receipt, file a counter-statement in duplicate setting out fully the grounds of his objection and the Controller shall send a copy of the counter-statement to each of the persons described in this Rule other than any person who is party to the counter-statement.
(4) The Controller may give such directions as he may think fit with regard to the subsequent procedure.
	8 Form of request for grant.	8. The request for the grant of a patent referred to in section 18 shall be made in Form No. 1.
	9 Title of invention.	9. The title of the...