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Anne Ryan & Co. prepares, files and
prosecutes patent applications and acts before the Irish Patents
Office, the European Patent Office (EPO) and under the Patent
Cooperation Treaty (PCT).
Two types of patent protection exist in Ireland, namely short-term
and full-term patents. A short-term patent is usually granted
more quickly than a full-term patent and provides protection
for 10 years from the date of filing. A short-term patent
is similar to a utility model in other jurisdictions. A full-term
patent generally takes at least 4 years to proceed to grant
and provides protection for 20 years from the date of filing.
In order to obtain grant of a patent,
an application must first be made to the Patents Office. The
application includes specified information in relation to
the inventor and the applicant, and in certain cases, to legal
contracts between the inventor and applicant (where the inventor
does not apply himself/herself), and it also contains a specification
and drawings (if required) defining the invention. The specification
describes the invention in a particular format which typically
and ideally includes a set of "claims", which are
used to define, for legal purposes, exactly what is and what
is not protected under the patent.
It is necessary to provide an "enabling
disclosure" of your invention, i.e. a description of
at least one working example of the invention, which must
be sufficiently clear and complete such that a skilled worker
in the field in question can repeat the instructions given
to carry out the invention, on the basis only of his or her
general knowledge and the information given in the specification.
Renewal fees are due for both patents
and patent applications in respect of the third and subsequent
years.
An Authorisation of Patent Agent form
signed by or on behalf of the Assignee is also required and
the Patents Office will not record the assignment until the
Authorisation is filed. General and specific Authorisations
are available on this website under "Forms".
If the assignment
took place prior to April 1, 2004, the issue of stamp duty
will arise and you should contact us in this regard.
For recordal of a change of name, we require a copy of an
extract from a Commercial Register, Register of Companies
or other authority evidencing the change.
For recordal of a licence we require
a certified copy of the Licence Agreement. We can attend to
the certification of the document when taking the action to
record the licence. No notarization or other legalization
is required.
No documentation evidencing the change
of address is required. However, if a change of address has
been recorded on the Register of European Patents and the
change of address relates to the Irish part of a European
Patent, we routinely file a copy of the EPO Form 2544 evidencing
the change if we have it to hand.
An Authorisation of Patent Agent
form signed by or on behalf of the new legal entity is required.
This can be found on our forms page.
A change of name, address or legal status
sought in connection with a pending application is viewed
as an amendment of the application by the Patents Office.
Please contact us should require information
in relation to any of the above before the EPO or any country
not covered by a European patent application.
It may be possible to apply for a supplementary protection
certificate in respect of a product, such as a pharmaceutical
product or agrichemical, covered by a patent, and details
of this procedure will be supplied on request.
The language used by the Irish Patents Office is English.
Please note in the case where a document in a language other
than English is to be filed at the Irish Patents Office a
verified English translation is required.
All that is required is a simple translator's
certificate, and no notarisation or other legalisation
is required.
A European patent application can
currently cover over 30
Contracting States, and can be extended to Extension
States.
We do not require an Authorisation to act before the EPO.
Renewal fees are due for both patents
and patent applications in respect of the third and subsequent
years.
An International application under the Patent Cooperation
Treaty covers 137
countries (as of May 2007) and can be filed by us at the
Irish Patents Office, the EPO or at the International Bureau
of WIPO in Geneva.
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