Patent registration in Ireland. Ireland is an island in the North Atlantic. There are three World Heritage Sites on the island: the Brú na Bóinne, Skellig Michael, and the Giant’s Causeway. Several other places are on the tentative list, for example, the Burren, the Ceide Fields, and Mount Stewart. Furthermore, Ireland has a strong commitment to renewable energy and ranks as one of the top 10 markets for clean-technology investment in the 2014 Global Green Economy Index. Accordingly, many businesses want to enter this market and one of the most important preparations a business needs to take before expanding to this country is to learn the procedure of patent registration in Ireland.
Patent in Ireland
In Ireland, a patent is temporary ownership of an invention given by the Government to the patentee. During the patent’s term, the patentee will have the right to exclude third-party actions related to the protected subject such as manufacture, commercialization, use, and others.
To protect an invention through patenting means to prevent its unauthorized exploitation by competitors who were not involved in nor bore the invention’s research and development costs.
To be patentable in this country, an invention must meet the requirements of novelty, inventiveness, and industrial applicability.
However, the law of Ireland does provide for a 6 months grace period. This means that if the subject of the patent application is disclosed publicly within 6 months from the filing date, the application will still be considered valid.
The disclosure might be resulted from:
– Applicant or his/her predecessor in title;
– An evident abuse by a third party in relation to the applicant or his/her predecessor in title.
Necessary documents for patent registration in Ireland
The necessary documents for patent registration in Ireland include:
• The request to grant a patent (patent application);
• Detailed information on the applicant(s) including the applicant’s and inventor’s names, addresses, citizenships, etc.;
• A description of the invention;
• A signed and stamped power of attorney by the applicant(s);
• A copy of the amendments (if any);
• Priority documents (if any).
• Other required documents.
The official languages of a patent application in Ireland are Irish or English. However, the applicant may file the patent application in any other language provided that they submit an English translation of those documents. There must also be a declaration alongside the patent dossiers proving that the translation is accurate.
These documents must be submitted within 2 months from the filing date. The applicant may file a request to extend this term by one more month.
For priority, the applicant may claim priority if they submit the priority documents within 16 months of the earliest priority date.
The procedure for patent registration in Ireland
To obtain a patent in Ireland, the applicant needs to file their patent application to the IP Office of Ireland.
After examinations, if there are no errors, the patent will be granted to the applicant.
In Ireland, a patent has a validity period of 20 years starting from the filing date.
However, to maintain this validity, the applicant needs to pay the maintenance fee yearly.
The annual maintenance payments for Irish patents begin from the 3rd year and should be paid in advance of the last day of the month in which the date of filing occurred.
Annual fees may be paid within 4 months before the due date. However, if the patentee misses the deadline for payment, he/she may pay it within the grace period of 6 months after the deadline with an additional surcharge.
It takes an average of 3 years from filing to the granting of a patent in Ireland.
You can see a list of Ireland IP firms here.