What We Do

Patent Consultations

Stakeholder consultation on the EU proposal for a Regulation of the European Parliament and of the Council amending Regulation No 469/2009 concerning the supplementary protection certificate for medicinal products

The Department of Business, Enterprise and Innovation is seeking views from stakeholders and interested parties on a proposed Regulation intended to amend Regulation No. 469/2009 (the SPC Regulation) by introducing an export manufacturing waiver.

The Commission’s proposed waiver will permit EU based companies to manufacture a generic or biosimilar version of a SPC protected medicine during the term of the certificate if done exclusively for the purpose of exporting to a non-EU market where the patent and SPC protection has expired or never existed.

Submissions should be marked “EU Proposal on SPC Regulation” and can either be emailed to ipu@dbei.gov.ie or sent in hard copy to the Intellectual Property Unit, Department of Business, Enterprise and Innovation, Kildare Street, Dublin 2, D02 TD30.

The consultation closed on Friday 27 July 2018.

Public consultation on the introduction of Professional Indemnity Insurance for Patent/Trade Mark Agents

The Department of Business, Enterprise and Innovation carried out a public consultation on the introduction of Professional Indemnity Insurance for Patent/Trade Mark Agents.

Professional Indemnity Insurance is a form of liability insurance providing financial protection for those engaged in providing professional advice and services. The introduction of Professional Indemnity Insurance for Patent/Trade Mark Agents would ensure a level of financial security for agents when defending against a negligence claim and financial cover for any damages that may be awarded against them in relation to errors or omissions in the services provided.

The consultation closed on Friday 26 January 2018.

Consultation by the Preparatory Committee of the Unified Patent Court on Court Fees and Recoverable Costs

The Preparatory Committee has finalised its proposals amending Rules 370 of the Rules of Procedure relating to court fees and recoverable costs. Article 36(3) of the Agreement on a Unified Patent Court can be implemented in a number of ways. To clarify this the Preparatory Committee has presented two alternative methods of applying court fees.

The first alternative provides rewards for particular behaviours such as early settlement or withdrawal of an action. This could be particularly attractive to certain sectors such as small and medium sized enterprises. The second alternative includes specific measures in the Rules on Court fees that will reduce the cost to certain legal persons listed in Article 36(3) such as small and medium-sized enterprises, non-profit organisations and universities.

The consultation document also presents a table of fees including fixed fees and value based fees and a scale of ceilings for recoverable costs.

The consultation closed on Friday 31 July 2015.

The proposals are available on the Unified Patent Court website.

Consultation by the Preparatory Committee on the proposal for the draft European Patent Litigation Certificate

The Legal Working Group of the Preparatory Committee has finalised its proposal for the European Patent Litigation Certificate. Under Article 48(2) of the Agreement on a Unified Patent Court, European Patent Attorneys, wishing to act before the Unified Patent Court, may do so if they have an appropriate qualifying certificate, such as the European Patent Litigation Certificate.

Under Article 48(3) of the Agreement on a Unified Patent Court, the Administrative Committee has responsibility for setting the parameters for these qualifying certificates. Therefore a draft decision, setting out the rules on the European Patent Litigation Certificate or any other qualifying certificate, must be prepared ready for the Committee to formally adopt, after the entry into force of the Agreement on a Unified Patent Court.

The consultation closed on Friday 25 July 2014.

The proposals are available on the Unified Patent Court website.

Consultation on the draft Rules of Procedure for the Unified Patent Court

Relevant information on the consultation on the draft Rules of Procedure for the Unified Patent Court was available on the Unified Patent Court website. While observations were submitted directly to secretariat@unified-patent-court.org, the Intellectual Property Unit was interested in any observations on the Rules of Procedure for the Unified Patent Court ipu@djei.ie. The closing date for receipt of observations on this consultation was 1 October 2013.

Consultation on the review of the research exemption ( ‘Bolar’) Provision 

This consultation invited comments from interested parties on a proposal to broaden the scope of the “Bolar” type research exemption provision as set down in Section 42 (g) of the Patents Act, 1992.

The deadline for this consultation was 20 April 2012. 

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