Patents

Information for Attorneys

We can file Irish, United Kingdom and European patent applications at short notice.

There are two types of patent in Ireland: a full 20-year patent, and a short-term 10-year patent. The filing requirements are essentially the same for both, and we can help and advise at all stages of the process.

Minimum filing requirements: one copy of the description, abstract, claims and drawings, together with information sufficient to identify the applicant.

Full filing requirements:

To file for an Irish patent application we need:

  1. A copy of the description, claims and abstract (and drawings if any).
  2. Name(s), address(es) and nationality of applicants.
  3. Name(s), address(es) and nationality of inventors.
  4. Priority Document and verified translation, if appropriate.
  5. Date of Assignment from the inventors to the applicant, if any.
  6. Authorisation of Agent (Form No. 5) — to be signed by the applicant and filed within three months of the filing date of the application. Download Authorisation of Agent form PDF
  7. For full-term patent applications, information as to whether a prescribed corresponding patent application has been or will be filed; otherwise a request for a search must be filed.

To file for a UK patent application we need:

  1. A copy of the description, claims and abstract (and drawings if any).
  2. Name(s), address(es) and nationality of applicants.
  3. Name(s), address(es) and nationality of inventors.
  4. Priority Document and verified translation, if appropriate.
  5. Date of Assignment from the inventors to the applicant, if any.

Direct European Patent Applications

To file for a European patent application we need:

  1. A copy of the description, claims and abstract (and drawings if any).
  2. Name(s), address(es) and nationality of applicants.
  3. Name(s), address(es) and nationality of inventors.
  4. Priority Document and verified translation, if appropriate.
  5. Date of Assignment from the inventors to the applicant, if any.

PCT/European regional phase entry

For entry into the European regional phase via a PCT application, we must file within 31 months of the earliest priority date.  The requirements are:

  1. Full particulars of the PCT application, including publication details.
  2. Copy of the annex to the International Preliminary Examination Authority (IPEA) report, if appropriate.
  3. Details of any assignments from the inventor(s) to the applicant(s).

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Supplementary Protection Certificates for Medicinal and Plant Protection Products In Ireland

A Supplementary Protection Certificate (SPC) for a medicinal product or a plant protection product may be sought in any EU State, under Regulation (EC) No. 496/2009, subject to your having obtained a first authorisation to market the product. Equivalent certificates are also available in Iceland, Norway and Liechtenstein.

We would be pleased to supply specific information about applications for SPCs or SPC term extensions (paediatric extensions) in Ireland.

The requirements for filing an Irish SPC are:

  1. The name, address and nationality of the applicant.
  2. The relevant basic Irish patent number, and the title of the invention.
  3. The number and date of the first authorisation to place the product on the market in Ireland, together with a copy of the authorisation that identifies the product. The authorisation should include the summary of the product characteristics listed in Article 4a of Directive 65/65/EEC (pharmaceutical products) or Article 5a of Directive 81/851/EEC (veterinary products), or Article 4 of Directive 91/414/EEC (plant protection products) as appropriate. The name, brand, trade name or other description by which the product is commonly known, must also be indicated.
  4. If the authorisation referred to at (3) is not the first authorisation to place the product on the market in the EU, the number, date and country of the first EU authorisation, together with information establishing the identity of the authorised product are required. Additionally, you must identify the legal provision under which the first authorisation was given, and provide a copy of the notice publishing the authorisation in the appropriate official publication (where appropriate a translation of this notice is also required). Failing such a notice, you should provide any other document proving that the authorisation has been issued, the date on which it was issued and the identity of the product authorised.
  5. Information confirming that the product is covered by the basic patent is required. This may be an indication of a claim of the basic patent that covers the product.
  6. An Authorisation of Agent. Download the Authorisation of Agent form PDF

Irish national rules under the Regulations have been implemented by way of Statutory Instrument No. 307 of 2008.

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