Intellectual Property Unit: Patents

Commission's proposal for a Council Regulation (EU) on the translation arrangements for the European Union patent

The European Commission have published a proposal outlining the translation arrangements for the proposed European Union patent. In December 2009, Member States unanimously agreed on conclusions for an enhanced patent system, which paved the way for the creation of a single European Union patent via a Regulation and affirmed the need for a separate Regulation to cover the translation arrangements only. This proposal aims to establish the language regime for the proposed European Union Patent in order to substantially cut the cost of obtaining patents in Europe.

• Proposal for a Council Regulation (EU) on the translation arrangements for the European Union patent (PDF, 46KB)

The accompanying impact assessment on the Language proposal is available here:

• Impact Assessment: Accompanying document to the Proposal for a Council Regulation on the translation arrangements for the European Union patent (PDF, 471KB)

The Patent (Amendment) Rules 2009 (SI no. 194 of 2009) and the Patents (Amendment) Act 2006 (Certain Provisions) (Commencement) Order 2009 (SI no 196 of 2009)

The Patent (Amendment) Rules 2009 (PDF, 187KB) arise from amendments to primary legislation specifically the enactment of the Patents (Amendment) Act, 2006. Certain rules changes were necessary for the commencement of some sections of the Patents (Amendment) Act 2006, in particular, the provisions relating to the Patent Law Treaty. These sections were commenced by the Patents (Amendment) Act 2006 (Certain Provisions) (Commencement) Order 2009 (PDF, 99KB). In addition, in making these amendments the Intellectual Property Unit availed of this opportunity to review the Patents Rules generally and to make necessary amendments and additions. Further information on SI’s 194 of 2009, and 196 of 2009.

European Communities (Compulsory Licensing of Patents Relating to the Manufacture of Pharmaceutical Products For Export To Countries With Public Health Problems) Regulations 2008 (S.I. 408 of 2008)

The Minister for Enterprise, Trade and Employment made Regulations entitled the European Communities (Compulsory Licensing of Patents Relating to the Manufacture of Pharmaceutical Products for Export to Countries with Public Health Problems) Regulations 2008 (SI 408 of 2008), on 10 October 2008. These regulations provide for conditions for granting compulsory licences to companies intending to manufacture medicinal products for export to developing countries which do not have sufficient production capacity of their own and which have public health problems. Further information on S.I. 408 of 2008

European Communities (Supplementary Protection Certificate) Regulations 2008 (SI No. 307 of 2008)

The European Communities (Supplementary Protection Certificate) Regulations 2008 (SI No. 307 of 2008) (PDF, 127KB) lay down the fees and procedural requirements which apply to requests for supplementary protection certificates and to requests for extensions of the duration of supplementary protection certificates and to certificates granted and to extensions of the duration of certificates granted. Further information on S.I. 307 of 2008

London Agreement on the Application of Article 65 of the European Patent Convention

The Department undertook a Regulatory Impact Assessment and subsequently prepared a submission for Government approval to bring Ireland’s legislation in line with the provisions of the London Agreement. Preparation has now commenced to bring the proposed amendments to the Patents Act, 1992 before the Houses of the Oireachtas. Further information on the London Agreement

Community Patent and Commission Communication “Enhancing the Patent System”

In March 2003, the Competititiveness Council agreed a Common Political Approach for the proposed Community Patent. On 3 April, 2007, the Commission published its Communication ‘Enhancing the patent system in Europe’ (PDF, 290KB). The Communication has a particular focus on the creation of a Community Patent and the establishment of an EU wide patent jurisdiction. Further information on “Enhancing the Patent System"

Changes in Irish patent law as a result of the entry into force of the revised European Patent Convention (EPC 2000)

Ireland has been a party to the European Patent Convention (EPC) and a member of the European Patent Organisation (EPO), since 1 August 1992.

The EPC was revised by a Diplomatic Conference on 29 November 2000. The revised version of the European Patent Convention (EPC 2000) came into force on 13 December 2007. Further information concerning changes to Irish legislation and the main changes arising from the European Patent Convention

Changes to Patents Rules, 1992 arising from the revised European Patent Convention coming into effect

Michael Ahern, Minister of State at the Department of Enterprise, Trade and Employment made two Statutory Instruments (i.e. SI 71 of 2008, and SI 72 of 2008) in this regard, on the 13^th March 2008.

Firstly the Patents (Amendment) Rules 2008 amends Rule 83 of the Patents Rules, 1992 to include the period within which a translation of a limited specification of a European patent must be filed. Secondly, the Patents, Trade Marks and Designs (Fees) (Amendment) Rules 2008 amends Item 45 of the Patents, Trade Marks and Designs (Fees) Rules, 2001 arising from the limitation procedure. Further information on SI’s 71 of 2008, and 72 of 2008

Patents (Amendment) Act 2006 (No. 31 of 2006)

The Bill for the above Act was signed by the President on the 11 December, 2006 and has become law.

The primary purpose of the Patents (Amendment) Act 2006 is to bring our Intellectual Property Law into compliance with obligations under international agreements. The Act deals with four distinct areas as follows: amendments to give effect to the TRIPS Agreement; amendments consequent on the revision of the European Patent Convention; provisions to give effect to the Patent Law Treaty; and miscellaneous necessary amendments to intellectual property legislation.Further information on Patents (Amendment) Act 2006

European Communities (Patent Agents) Regulations 2006 (S.I. 141 of 2006)

The Minister for Enterprise, Trade and Employment made Regulations entitled the European Communities (Patent Agents) Regulations 2006 (SI 141 of 2006), on 29 March, 2006. The effect of these Regulations is to amend certain provisions of the Patents Act, 1992 in order to allow a person, established in another Member State of the European Community and qualified under the law of that State to act as a patent agent, to act for another person in relation to patent matters before the Controller of Patents, Designs and Trade Marks.

Patents (Amendment) Rules 2006 (S.I. 142 of 2006)

Michael Ahern, Minister of State at the Department of Enterprise, Trade and Employment made Rules entitled the Patents (Amendment) Rules 2006 (SI 142 of 2006), on 29 March, 2006. These Rules set out the evidential requirements with which a person established in another Member State of the European Community and qualified to act under the law of that State as a patent agent must comply in order to act for another person in relation to patent matters before the Controller of Patents, Designs and Trade Marks. They also set necessary consequential amendments to the Patents Rules, 1992.