Intellectual Property Unit: Patents
The international Agreement on a Unified Patent Court
Minister Bruton signed the International Agreement on a Unified Patent Court on the 19th February 2013. At present, 25 countries have signed up to the Agreement. A Preparatory Committee has been established, composed of representatives of the Signatory States with responsibility for outstanding issues involved in setting up the Court, including the legal framework, financial aspects, IT and human resources and training. It held its first meeting in March 2013. In the meantime, Ireland is assessing the legal and constitutional implications for the Unified Patent Court for Ireland and we will decide, in due course, on the optimum timing of a constitutional referendum.
Regulation of the European Parliament and of the Council of 17 December 2012 implementing enhanced cooperation in the area of the creation of unitary patent protection
At the December 2012 Competitiveness Council, Ministers reached agreement on a regulation on unitary patent protection. The Council and the Parliament subsequently signed the Regulation on 17 December 2012. This regulation, along with the associated translation regulation will only come into effect in tandem with the international Agreement on the creation of the Unified Patent Court and Statute. This is scheduled for early 2015
Regulation of the European Parliament and of the Council of 17 December 2012 implementing enhanced cooperation in the area of the creation of unitary patent protection with regard to the applicable translation arrangements
As with the Regulation on unitary patent protection, the regulation on applicable translation arrangements was agreed at the December 2012 Competitiveness Council and signed by the Council and Parliament later that month.
Council Regulation (EU) No 1260/2012 of 17 December 2012 implementing enhanced cooperation in the area of the creation of unitary patent protection with regard to the applicable translation arrangements
Patents (Amendment) Act 2012
The Patents (Amendment) Act 2012 was commenced on 3 September 2012. The Act implements the London Agreement, providing for simplified translation requirements for European patents and reducing costs for patent applicants. The corresponding Patents (Amendment) Rules 2012 and Patents, Trade Marks and Designs (Fees) (Amendment) (No.2) Rules 2012 have also been signed and are in force.
Regulatory Impact Analysis on the Review of the Patent Act, 1992
The Intellectual Property Unit has completed a Regulatory Impact Analysis (RIA) of the Review of Patents Act, 1992, following on from a consultation of stakeholders.
Patent Law Treaty & Ireland
Ireland deposited its instrument of ratification for the Patent Law Treaty at the World Intellectual Property Organisation (WIPO) in Geneva on 27 February 2012. The Treaty aims to harmonise the formal requirements demanded of applicants for patents by national and regional patent offices, and to streamline the procedures for obtaining and maintaining a patent
The Patent Law Treaty came into effect in Ireland on 27 May 2012.
Last modified: 13/05/2013