Minister Lenihan welcomes new rules for patents
31 July, 2009
Conor Lenihan, T.D, the Minister for Science Technology & Innovation today (Friday 31s July 2009) welcomed the new Patent (Amendment) Rules 2009.
The new rules provide a more user-friendly process for patent applicants. Changes are made to 34 aspects of the existing set of rules, which mainly date from 1992.
The changes bring Irish rules more fully into line with European and worldwide standards and provide a straightforward patenting system, making use of available technology for easier access to intellectual property protection.
Minister Lenihan said that the increased levels of research in Ireland over recent years had created a corresponding need to protect the resulting intellectual property. “Our patent, design and trade mark protection systems have to be as accessible and as easy to use as we can make them”.
The new patent rules will make it easier for people to use the services of the Patents Office.
“These changes are a practical example of Smart Government in action and of the efforts by the public sector to provide state of the art services to facilitate and support industry needed as part of the shift towards a Smart Economy” the Minister added.
Minister Lenihan took the opportunity to respond to a recent article suggesting that despite increased Government support for R&D that only 318 patents were granted by the Irish Patents Office in 2008. The Minister saw this as incomplete analysis, as it did not show the full picture of how companies involved in research and development use the patent system and how that system works.
Minister Lenihan stated that ‘Innovation in the global market is not defined by the number of patents granted nationally. This government has worked to bring foreign direct investment to Ireland with a particular focus on highly skilled research and development. These multinational companies patent their products on a global level with many patent applications lodged in the USA’.
Irish companies marketing their products often strategically choose to apply for a European patent rather than a national patent as this provides greater protection for their innovative product in a much larger market.
Patent applications to the European Patents Office from Irish applicants have increased by 279% since 2002 and grants of European patents to Ireland have also increased by 32% in the same period. As the cycle from patent application to grant takes on average five years, there will be an ongoing marked increase in European patents granted to Ireland in the coming years.
Latest figures for patent filings in 2008 show Ireland currently ranked 14th for European patent applications of the then-34 countries in the European Patent Organisation and 23rd in the wider Patent Cooperation Treaty rankings, which cover most countries in the world.
‘The statistics show that Ireland is boxing above its weight and competing successfully in intellectual property creation and in its protection. The new patent rules which we have now put in place will help us to develop and retain our position’ said Minister Lenihan.
ENDS\IP108
The new changes include removing legal impediments to the online delivery of Patent Office services. The Office website – www.patentsoffice.ie - already offers a range of online interactive services on a par with - and in some cases, exceeding those provided by other national patent offices in Europe.
Its services include fortnightly online publication of the Official Journal that can be viewed and searched by users free of charge. It also provides online access to the patents, trademarks and design databases and registers as well as the option of online electronic payment.
The fact that 80% of all renewal fees are now paid online underlines the success of that facility.
The Patent (Amendment) Rules 2009 will also give people applying for patents more time than previously to provide necessary documentation while maintaining their filing or priority dates which are key to patenting worldwide.
They will equally put in place a number of mechanisms to avoid any unintentional loss of their rights to patents by applicants. This is of particular assistance to first time inventors and SMEs who may be lodging a patent application for the first time.
The new rules are contained in the Patent (Amendment) Rules 2009 (SI No.194 of 2009). In addition to a general updating of the existing set of rules dating from 1992, amendments were required following changes made to primary legislation- specifically, the enactment of the Patents (Amendment) Act, 2006. Certain other changes were necessary to allow for the commencement of some sections of the Act 2006 Act, in particular, provisions relating to the World Intellectual Property Organisation (WIPO) Patent Law Treaty. These sections of the 2006 Act were commenced by the Patents (Amendment) Act 2006 (Certain Provisions) (Commencement) Order 2009
The Patent (Amendment) Rules 2009 make 34 amendments to the existing Patent Rules 1992, as well as seven new fees and two changes to the existing schedule of fees. The consent and signature of the Minister of Finance was required for fees chargeable in respect of proceedings before the Controller of Patents, Designs and Trade Marks and the Tánaiste and Minister for Enterprise Trade and Employment, Mary Coughlan T.D. signed the Patent Amendment Rules and the Patents (Amendment) Act 2006 (Certain Provisions) (Commencement) Order 2009 on Thursday 21 May 2009.