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Notice of the making of this Statutory Instrument was published in
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“Iris Oifigiúil” of 23rd May, 2017.
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I, MARY MITCHELL OCONNOR, Minister for Jobs, Enterprise and Innovation, in exercise of the powers conferred on me by
sections 99
and
114
of the
Patents Act 1992
(No. 1 of 1992) and in relation to the said section 99 with the sanction of the Minister for Public Expenditure and Reform, hereby make the following Rules:
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1. (1) These Rules may be cited as the Patents, Trade Marks and Designs (Fees) (Amendment) Rules 2017.
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(2) These Rules shall come into operation on 19th May 2017.
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2. In these Rules—
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“Principal Rules” means the Patents, Trade Marks and Designs (Fees) Rules 2001 (
S.I. No. 482 of 2001
).
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“Rules of 2012” means the Patents (Amendment) Rules 2012 (
S.I. No. 30 of 2012
).
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3. The Principal Rules are amended in Schedule 1 (as amended by Rule 3(1)(a) of the Rules of 2012)—
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(a) by substituting the following text for the text in columns (1), (2) and (3) of reference number 6
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“
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6.
6A.
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On request for a search under section 29 in respect of a patent application made before these Rules come into operation (Rule 24)
On request for a section 29 report and opinion in respect of a patent application made on or after these Rules come into operation (Rule 24)
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200.00
200.00
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”
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and
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(b) by inserting the following text in columns (1), (2) and (3) after reference number 21
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“
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21A
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On request for a search report under section 66(1)(a) or (6) (Rule 45)
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200.00
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”
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4. The Minister for Public Expenditure and Reform hereby gives his sanction to the making of the foregoing Rules.
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GIVEN under my Official Seal,
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19 May 2017.
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PASCHAL DONOHOE,
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Minister for Public Expenditure and Reform.
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MARY MITCHELL O’CONNOR,
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Minister for Jobs, Enterprise and Innovation.
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EXPLANATORY NOTE
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(This note is not part of the Instrument and does not purport to be a legal interpretation.)
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The
Patents Act 1992
has been amended to re-introduce substantive examination of Irish patent applications. These amendments to the Patents, Trade Marks and Designs (Fees) Rules 2001 (
S.I. No. 482 of 2001
) prescribe a fee of €200 for the submission of a report and opinion as to the patentability of an application under
Section 29
of the
Patents Act 1992
. It also prescribes a fee of €200 for holders of short-term patents to request a search report under
Section 66
of the
Patents Act 1992
before taking infringement proceedings.
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