- European
How much do you know?
Ireland is a parliamentary republic,
It is a passage from North America to Europe,
The natural environment is well maintained,
Known as the 'Emerald Island';
The whole country is shaded by green trees and crisscrossed by rivers
Grasslands are everywhere
So it is also known as "Green Island" and "Emerald";
Its university education is very mature
The capital Dublin has been in existence since the Middle Ages
It is known as a university city
It is a highly developed
capitalist country
It is a permanently neutral country
It is also the fastest growing economy in the world
One of the countries
It is precisely because of the developed economy that
Won the reputation of "European Little Tiger"
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Introduction to the System
The patent system in Ireland is mainly composed of two legal systems: the Patent Act and the Industrial Property Act. Among them, the Patent Law mainly focuses on the application and authorization of invention patents, while the Industrial Property Law mainly deals with the protection of intellectual property rights such as design, trademarks, and copyrights. The patent system in Ireland follows the first to apply principle, which means that the first applicant will be granted a patent for the same or similar invention or creation. In addition, Ireland's patent system also encourages innovation, providing stronger protection and support for highly innovative inventions. The language accepted for patent applications is English.
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Patent type
① Invention patent: A high-level new technological solution proposed for a product, method, or improvement using natural laws.
② Appearance design: A new design made for the shape, pattern, or combination of a product, as well as the combination of color, shape, and pattern.
③ Short term patents: Short term patents are similar to Chinese utility model patents, requiring novelty and practicality, but not creativity. -
Application channels
① Invention Patent
The ways for foreign countries to apply for patents in that country are divided into the following two categories, totaling four ways:
PCT application in the country through PCT pathway;
PCT designates EPO application to designate the country;
The Paris Convention applies through the country;
EPO applies for the designation of short-term patents in the country;
Note: The pathway for applying for short-term patents in this country is the Paris Convention.
② Appearance design
There are two ways to apply for a design patent in a foreign country:
(1) Paris Convention pathway: Application from the country.
(2) OHIM pathway: European Community Appearance (RCD) -
Procedure
1. Search for Irish patent names and graphics to see if there are already identical or similar patents in prior Irish patent applications.
2. Prepare Irish patent application materials, including a copy of the company's (individual business) business license (individual business requires a copy of the legal representative's ID card), etc.
3. Submit an Irish patent application, and the Irish Patent Office shall issue a notice of acceptance within 15 to 30 days from the date of receipt of the Irish patent application materials.
4. Waiting for the Irish Patent Office to review the Irish patent application.
After preliminary examination and approval, paying the patent registration fee and the annual fee for the first year can obtain an Irish patent certificate within approximately two months.
The patent application process in Ireland differs significantly from that in China. The difference is that the applicant needs to submit a search report or provide relevant evidence to prove the novelty of their invention. If the same application has been searched by the UK, Germany or European Patent Office, it can be considered as relevant evidence. The inspection report or relevant evidence should be submitted within 21 months from the date of application; Irish invention patent applications do not require substantive examination. If someone holds an objection to a patent, they may request further substantive examination of the patentability of the application, examining its novelty, creativity, and practicality.
Short term patents in Ireland are similar to utility models in China, requiring novelty and practicality rather than creativity. The difference between utility models in China and ours lies in the fact that there are no more than 5 claims; Under normal circumstances, it is not necessary to submit a search report to prove its novelty. If someone raises objections, a search report must be submitted.
Applicants can apply for both invention patents and short-term patents for the same invention at the same time. When an invention patent is granted, the previously obtained short-term patent automatically becomes invalid. Because the application process for short-term patents is simpler than that for invention patents, the entire application process can be completed within 8-12 months.
The Irish design application is a composite application, which can contain up to 100 designs in one application, except for decorations. Adopting a registration system, patents can be granted after formal examination without the need for actual examination.
The protection period of invention patents is 20 years;
The protection period of short-term patents is 10 years;
The protection period of a design patent is 5 years and can be renewed 4 times, each time for 5 years.
