S.I. No. 79/2011 - Patents (Amendment) Rules 2011.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 25th February, 2011.

I, MARY HANAFIN, Minister for Enterprise, Trade and Innovation, in exercise of the powers conferred on me by section 114 of the Patents Act 1992 (No. 1 of 1992) (as adapted by the Enterprise, Trade and Employment (Alteration of Name of Department and Title of Minister) Order 2010 ( S.I. No. 185 of 2010 )), hereby make the following rules:

1. These Rules may be cited as the Patents (Amendment) Rules 2011.

2. In these Rules—

“Principal Rules” means the Patents Rules 1992 ( S.I. No. 179 of 1992 );

“Rules of 2006” means the Patents (Amendment) Rules 2006 ( S.I. No. 142 of 2006 ).

3. The Principal Rules are amended—

(a) in paragraph (1) (amended by Rule 6 of the Rules of 2006) of Rule 92 by the substitution of “in a state that is a contracting party to the EEA Agreement within the meaning of the European Communities (Amendment) Act 1993 (No. 25 of 1993)” for “in the European Community”, and

(b) in paragraph (1) (amended by Rule 7 of the Rules of 2006) of Rule 93 by the substitution of “in a state that is a contracting party to the EEA Agreement within the meaning of the European Communities (Amendment) Act 1993 (No. 25 of 1993)” for “in the European Community”.

4. Schedule II to the Principal Rules is amended by the substitution of the form set out in the Schedule to these Rules for Form No. 1 (inserted by Rule 3(ac)(ii) of the Patents (Amendment) Rules 2009 ( S.I. No. 194 of 2009 )).

SCHEDULE

FORM NO. 1.

PATENTS ACT 1992 (as amended)

Reference No. of Applicant or Authorised Agent......................

REQUEST FOR THE GRANT OF A PATENT The applicant(s) named herein hereby request(s) the grant of:

	a Full Term patent (20 year)

	OR
	a Short Term patent (10 year)

on the basis of the information furnished hereunder.

1. Applicant(s) (Full name and address of the person or of the company applying.)*

Name(s):
Address(es):
Nationality(ies):
Telephone(s):
Email(s):

*[Extra Sheet available for multiple applicants]

2. Legal Representative

The following is authorised to act as agent in all proceedings connected with the obtaining of a patent to which this request relates and in relation to any patent granted:

Name:
Address:
Telephone:
Email:

3. Address for Service (within the EEA, to which correspondence is to be sent)

If different to address at 1 or 2
Address:
Telephone:
Email:

Please tick box if you wish the Office to correspond with you by email in relation to this application

4. Title of Invention

5. Declaration of Priority (If you have filed any application(s) for the same invention within the last 12 months, please enter the relevant information where a right to priority is claimed)

Country:	Date:	Number:

6. Inventor(s)*

The applicant(s) is/are the sole/joint inventor(s)	YES	NO
If no, please specify the full name(s) and address(es) of the inventor(s) below:
Name(s):
Address(es):
Telephone(s):
Email(s):

*[Extra Sheet available for multiple inventors]

7. Statement of right to be granted a Patent (To be completed if applicant(s) is/are not the sole/joint inventor(s))

Please state how the applicant derived the right from the inventor to be granted a patent


By Deed of Assignment			By Contract of Employment


Other (please specify)

8. Divisional Application(s)

The following information is applicable to the present application.

YES

Earlier Application No:

Filing Date of Earlier Application:

9. Items accompanying this Request

Please tick the appropriate boxes for items sent with this application form.

(a) Filing fee (€ )

(b) A written description

(d) Drawings referred to in the descriptions or claims

(e) An abstract

(f) Copy of previous application(s) in respect of which priority is claimed

(g) Translation of previous application in respect of which priority is claimed

(h) Authorisation of agent [Form No. 5]

(i) General authorisation of agent filed on a previous application
Earlier Application No:	Filing Date of Earlier Application:

(j) Supplementary sheet identifying other applicants

(k) Supplementary sheet identifying other inventors

10. Signature

If a company, state the position within the company of the person signing
Name in BLOCK CAPITALS
Date:

Extra Sheet : TO BE ATTACHED TO MAIN BODY OF APPLICATION FORM IF REQUIRED

1. Applicant(s) (Full name and address of the person or of the company applying.)

Name(s):
Address(es):
Nationality(ies):
Telephone(s):
Email(s):

Name(s):
Address(es):
Nationality(ies):
Telephone(s):
Email(s):

Name(s):
Address(es):
Nationality(ies):
Telephone(s):
Email(s):

Name(s):
Address(es):
Nationality(ies):
Telephone(s):
Email(s):

Name(s):
Address(es):
Nationality(ies):
Telephone(s):
Email(s):

Extra Sheet : TO BE ATTACHED TO MAIN BODY OF APPLICATION FORM IF REQUIRED

6. Inventor(s)

The applicant(s) is/are the sole/joint inventor(s)	YES	NO
If no, please specify the full name(s) and address(es) of the inventor(s) below:
Name(s):
Address(es):
Telephone(s):
Email(s):

Name(s):
Address(es):
Telephone(s):
Email(s):

Name(s):
Address(es):
Telephone(s):
Email(s):

Name(s):
Address(es):
Telephone(s):
Email(s):

Name(s):
Address(es):
Telephone(s):
Email(s):

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GIVEN under my Official Seal,

23 February 2011.

MARY HANAFIN,

Minister for Enterprise, Trade and Innovation.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation).

These amendments to the Patent Rules 1992 align the Patent Rules with the European Economic Agreement (EEA) for the purposes of registering an Address for Service from EEA countries and to allow EEA patent agents to represent patent applications in this country. In addition, this instrument amends the Patents Office Form 1 (Request for the Grant of a Patent), to allow applicants communicate with the Patents Office by e-mail, with extra sheets for supplementary information relating to additional applicants and inventors also included in the form.