Patents Act, 1964

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Number 12 of 1964.

PATENTS ACT, 1964

ARRANGEMENT OF SECTIONS

Preliminary and General.

Section
1.	Short title and commencement.
2.	Interpretation.
3.	Orders and rules.
4.	Expenses.
5.	Transitional provisions and repeals.

Part II.

Application, Investigation, Opposition, etc.

6.	Persons entitled to apply for patent.
7.	Application for patent.
8.	Complete and provisional specifications.
9.	Contents of specification.
10.	Priority dates in relation to specifications.
11.	Examination of application.
12.	Search for anticipation by previous publication.
13.	Further search for anticipation.
14.	Reference in case of potential infringement.
15.	Refusal of application in certain cases.
16.	Supplementary provisions as to searches, etc.
17.	Time for putting application in order for acceptance.
18.	Acceptance and publication of complete specification.
19.	Opposition to grant of patent.
20.	Refusal of patent without opposition.
21.	Mention of inventor as such in patent.
22.	Substitution of applicants, etc.

Part III.

Grant, Restoration, Revocation and Surrender, etc., of Patent.

Part IV.

Voluntary and Compulsory Endorsement, Anticipation, and Provisions as to Rights in Inventions.

37.	Endorsement of patent “licences of right”.
38.	Cancellation of endorsement.
39.	Compulsory endorsement or licence.
40.	Provisions as to licences.
41.	Endorsement, etc. on application of a Minister of State.
42.	Inventions relating to food or medicine.
43.	Revocation of patent after grant of licence.
44.	Procedure on applications under sections 39 to 43.
45.	Appeal and references to arbitrator.
46.	Supplementary provisions as to licences.
47.	Previous publication.
48.	Previous communication display or working.
49.	Use and publication after provisional specification or foreign application.
50.	Priority date in case of obtaining.
51.	Co-ownership of patents.
52.	Power of Controller to give directions to co-owners.
53.	Disputes as to inventions made by employees.
54.	Avoidance of certain conditions attached to the sale, etc., of patented articles.

Part V.

Proceedings for Infringement of Patents.

55.	Restrictions on recovery of damages for infringement.
56.	Order for account in action for infringement.
57.	Counterclaim for revocation in action for infringement.
58.	Relief for infringement of partially valid specification.
59.	Proceedings for infringement by exclusive licensee.
60.	Certificate of contested validity of specification.
61.	Remedy for groundless threats of infringement proceedings.
62.	Power of Court to make declaration as to non-infringement.

Part VI.

63.	Register of patents.
64.	Registration of assignments, etc.
65.	Power of Court to amend register.
66.	Power to correct clerical errors, etc.
67.	Certificate of Controller and sealed copies of documents in Office to be evidence.
68.	Requests for information as to patent or patent application.
69.	Restriction upon publication of specifications, etc.
70.	Loss or destruction of patents.

Part VII.

Proceedings before the Controller or the Court.

71.	Exercise of discretionary power by Controller.
72.	Costs and security for costs.
73.	Evidence before Controller.
74.	Hearing by Court with assessor.
75.	Appeals from decisions of Controller.
76.	Costs of Controller in Court proceedings.

Part VIII.

The Office and the Controller.

77.	Patents Office.
78.	Controller of Patents, Designs and Trade Marks.
79.	Appointment of officers of Controller.
80.	Fees.
81.	Official Journal.
82.	Reports to be privileged.
83.	Controller may consult Attorney General.
84.	Annual report.
85.	Hours of business and excluded days.

Part IX.

Miscellaneous.

86.	Patent agents.
87.	Falsification of register, etc.
88.	Unauthorised claim of patent rights.
89.	False suggestion of official connection with the Office.
90.	Inventions relating to instruments or munitions of war.
91.	Assignment of invention or patent to a Minister of State.
92.	Use of patented inventions for the service of the State.
93.	Government orders as to convention countries.
94.	Supplementary provisions as to convention applications.
95.	Special provisions as to vessels, aircraft and land vehicles.
96.	Power of Minister to make rules.
97.	Power of Minister to delegate his duties under this Act.
98.	Service of notices, etc., by post.
99.	Saving for articles forfeited under laws relating to the customs or excise.

FIRST SCHEDULE

Enactments Repealed

SECOND SCHEDULE

Transitional Provisions.

Acts Referred to
Industrial and Commercial Property (Protection) Act, 1927	1927, No. 16.
Arbitration Act, 1954	1954, No. 26.
The Public Offices Fees Act, 1879	1879, c. 58.
Petty Sessions (Ireland) Act, 1851	1851, c. 93.
Solicitors Act, 1954	1954, No. 36.

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Number 12 of 1964.

PATENTS ACT, 1964

AN ACT TO MAKE NEW PROVISION IN RESPECT OF PATENTS AND RELATED MATTERS IN SUBSTITUTION FOR THE PROVISIONS OF THE INDUSTRIAL AND COMMERCIAL PROPERTY (PROTECTION) ACT, 1927 , RELATING TO PATENTS AND OF OTHER ENACTMENTS RELATING TO PATENTS, AND TO PROVIDE FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [24th June, 1964.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

Patents Act, 1964 Permanent Page URL

Patents Act, 1964

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