File an application for a 20 Year Patent or a Short Term Patent (valid for 10 years from the date of filing) comprising:

· A request for the grant of a patent (completing the application Form No.1 is sufficient to comply with this requirement).

· A specification containing a description of the invention (to allow others to see how it works), one or more claims (precise statements –preferably in single sentences and not more than 5 in the case of a short-term patent) defining the matter for which protection is sought and any drawings needed for the disclosure and to illustrate the invention.

· An abstract (preferably not more than 150 words) containing a summary of the technical matters contained in the specification.

· The application must be accompanied by the appropriate application fee.

Patent law and practice, and the drafting of the specification, describing an invention, are complex matters for which the help of a patent agent is very advisable unless an applicant has had specialised training in this field. Application Form No.1,together with a guide to completing the form is available at: http://www.patentsoffice.ie/en/patents_apply.aspx

It is possible to secure a filing date without a fully completed patent application, as long as each of the following is submitted:

· An indication that a patent is sought.

· Information identifying the applicant.

· A description of the invention, and

· The prescribed fee.

An application made in this manner will have to be followed by a formally completed application and no additional subject matter should be added to the application beyond that contained in the original filing.

When an application which meets the minimum requirements as set out in Step 2 above, the Office will issue a filing receipt which includes the filing date and an application number. The filing receipt will issue to the address for service which is given on the application form. The address for service can be an email address.

The Office carries out an initial administrative formalities check of the application to determine if there are outstanding matters which require the attention of the applicant, such as claims or abstract not filed, inventor not identified, no address for service provided, priority documents not filed though priority claimed etc. The applicant is advised by letter of any defects and any time limits within which these need to be remedied.

The Office carries out a technical check which has regard to patentability criteria set out in Section 9 of the Patents Act 1992 , and exceptions to patentability as set out in Section 10. The patent specification is checked to ensure that it describes the best method of performing the invention and that the claims properly define the matter for which protection is sought and are otherwise in accordance with the Act and Rules. The applicant is advised by letter of any defects and any time limits within which they need to be remedied.

The Office publishes a patent application shortly after 18 months from its filing date (or priority date), as long as all the formal requirements have been met and the applicant has not asked to withdraw the application.

A short term patent application which proceeds to grant in less than 18 months is published on grant.

A Search report has to be requested by the applicant to determine the novelty and non-obviousness of the invention of the patent application. The applicant must request a search report within 21 months from the filing date (or priority date). Otherwise, the application will be refused.

• A Search Report will list published documents considered relevant in assessing whether the claimed invention is new and not an obvious development or adaptation of what is already known. A copy of the search report will be issued to the applicant.
  Unless the patent application is withdrawn within two months of issue of the Report to the applicant, the report is then published: i.e. this means that anyone can view the search report. Withdrawal of the application might arise where the applicant, in the light of the Search Report, concluded that there was no point in taking the patent application further. If the patent application is not withdrawn, the applicant will be required either to make amendments to the application based on the search report or provide a statement that no amendment is considered necessary. Failure to comply with these requirements may lead to the refusal of the application.
• As an alternative to requesting the preparation of a Search Report, an applicant who has also applied for a patent for the same invention to the United Kingdom, German or European Patent Offices, or who has applied under the Patent Co-operation Treaty, can submit a statement to that effect: the statement must be submitted within the twenty-one months of the application’s filing date or the priority date, claimed. In this situation, a copy of the Search Report prepared in respect of the foreign application, or a copy of the published specification of the patent granted by either the UK or German Patent Offices or the EPO may be submitted as Evidence of Novelty and must be produced by the applicant within two months of the publication of the foreign search report or grant of the patent, accompanied by the prescribed fee.

Evidence of Novelty will be published unless the application is withdrawn.

If the application is not withdrawn the patent agent acting for the applicant will be required either to amend the application in the light of the Search Report or the patent specification (whichever applies in the particular case) or to furnish a statement that no amendment is considered necessary. Failure to comply with this requirement may lead to the refusal of the application.

(The procedures relating to the search report/evidence of novelty as set out above do not apply to applications for short-term patents)