Patent

Ireland

BASIC FACTS

Patent Protected
Product Patent and Process Patent
Patentable Inventions as per Patent Act
Inventions which satisfy the conditions of novelty, inventive step and capable of industrial application, are subjected to patentability.
Inventions not Patentable
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Non-Convention Application
Yes
Convention Application
Yes
PCT National Phase Application
No
Divisional Application
Yes
Patent of Addition
No
Patent of Importation (Patent of Introduction)
No
Others
No
Utility Model Protection is provided under Patent
Yes
Type of Application
Convention Application and Non-Convention Application
Time Period
It is mandatory to enter into European phase within 31 Months from the priority date for designating Ireland
Extended Deadline
N/A
Patent of Invention
20 Years
Utility Model Patent
10 Years
Design Patent
N/A
Extension of Foreign Patent
N/A
Exceptions (e.g. Pharmaceutical Patents)
Upto 5.5yrs (Sui Generis rights such as Patent Term Adjustments (PTAs; including SPCs and Paediatric extensions) are possible and may extend protection around a specific product for upto 5.5yrs.)

PROSECUTION

Basic Number of Pages
N/A
Basic Number of Claims
No particular upper limit for patent. However, for short term patent applications there is a limit to 5 claims.
Basic Number of Dependent Claims
N/A
Basic Number of Independent Claims
N/A
Types of Claims
Omnibus
Invention Specification
N/A
Language of Specification
English
Translation required
No
Due date to file the translation
No
Power of Attorney (In case of individual applicant, copy of passport is required)
Signed
Deed of Assignment
Notarized
Priority Document, with required translation
Copy
Incorporation Certificate, with required translation
Signed
Home / Foreign Registration Certificate, with required translation
Certified
International Search Report (ISR), in case of PCT
No
International Preliminary Examination Report (IPEA), in case of PCT
No
Declaration of Ownership
Signed
Declaration of Nationality
Signed
Copy of Inventor's Passport
Yes
Other Documents
No
Applicability of Examination
Mandatory
Time of Examination
Pre-Publication
Time Frame from the Date of Application
Almost immediate
Deadline to File the Reply
1-2 Months
Permissible Extension to File the Reply
Yes
Period of Permissible Extension
1-2 Months
Time Frame for Issuance of Decision
N/A
Applicability of Examination
Mandatory
Time of Examination
Post-Publication
Time Frame from the Date of Application
12 - 18 Months
Deadline to File the Reply
4-6 Months
Permissible Extension to File the Reply
Yes
Period of Permissible Extension
2 Months
Time Frame for Issuance of Decision
N/A
Applicability of Examination
Yes
Time of Examination
Post-publication
Time Frame from the Date of Application
1-3 Months
Deadline to File the Reply
4 Months
Permissible Extension to File the Reply
No
Period of Permissible Extension
N/A
Time Frame for Issuance of Decision
N/A
Applicability of Publication
Yes
Time Frame of Publication from Date of Acceptance
18 Months from Filing Date or, if applicable, Priority Date.
Applicability of Publication
Yes
Time Frame of Publication from Date of Acceptance
To be determined by Controller of the Irish Patents Office & as soon as practical after Grant

OPPOSITION

Applicability of Opposition
Yes