Patents Act, 1992
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Actions for infringement. |
66.—(1) Civil proceedings for infringement under section 47 or 56 shall not be instituted against any person by the proprietor of a short-term patent until he has— | |
(a) made a request to the Controller, accompanied by the prescribed fee, to cause a search to be undertaken in relation to the invention and a report (a “search report”) of the results of the search to be prepared, and | ||
(b) received from the Controller a copy of the search report and furnished a copy to that person. | ||
(2) The Controller shall publish the search report referred to in subsection (1). | ||
(3) In lieu of making the request referred to in subsection (1) (a) the applicant may, if an application for a patent for the same invention has also been filed in a prescribed foreign state or under the provisions of any prescribed convention or treaty, submit to the Controller the evidence referred to in section 30 (1); and proceedings may not be instituted until after the Controller has published any evidence so submitted to him and the proprietor has sent a copy thereof to the person concerned. | ||
(4) The proceedings referred to in subsection (1) may be brought in the Circuit Court irrespective of the amount of a claim. | ||
(5) References to the Court in sections 47 , 49 , 50 , 51 , 52 , 54 , 56 and 62 in relation to an action for infringement of a short-term patent shall be construed as including references to the Circuit Court. | ||
(6) The Minister may, by rules, permit any person other than the proprietor to make a request to the Contoller to cause a search report to be prepared in relation to an invention which is the subject of a short-term patent. The rules may specify that such a request shall be subject to the payment of any prescribed fee. A search report prepared under this subsection shall be published by the Controller. |