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Utility Models are not available in Ireland. However, it is possible to obtain a Short Term Patent which is similar to a utility model.
Short-term patents are designed to assist smaller inventors. These patents can also suit inventions where a shorter market life is expected, or inventions that are not technologically complex.
These patents last for a maximum of ten years, and the applicant does not need to provide evidence of the invention’s novelty. This effectively reduces the costs and length of time involved in getting an invention patented.
Because procedures are generally simpler, short-term patents can be granted reasonably quickly and well within months from the filing date if requirements are complied with promptly. If applications are made for both a short-term patent and a full-term patent in respect of the same invention, the short-term patent will become void when the full term patent is granted.
With some exceptions, the provisions relating to full-term patent applications and patents also apply to short-term patent applications and short-term patents. The main exceptions are:
(i) The specification of a short-term patent application must not include more than five claims. The requirements of novelty and industrial applicability apply but instead of non-obviousness, it is sufficient that the invention be ”not clearly lacking an inventive step”. Neither a Search Report nor evidence of novelty in the form of a foreign patent specification is required in order that a short-term patent be granted.
(ii) The filing fee, grant fee and renewal fees are only 50% of those for a full-term patent.
(iii) Infringement proceedings can be brought in the Circuit Court (or in the High Court, as is required for full-term patents) irrespective of the amount of a claim.
(iv) Before taking an action for infringement the owner of the short-term patent must either (a) request the Controller to have a Search Report prepared and send a copy of the report to the alleged infringer or (b) if a foreign Search Report or patent specification is available, furnish copies of such reports to the Controller as well as the alleged infringer.
(v) a person other than the owner of the short-term patent whose legitimate business interests require a novelty search and who can show grounds for suspecting that the invention lacks novelty or is clearly lacking in inventive step may also request the Controller to have a Search Report prepared.
INFORMATION ABOUT RENEWAL FEES FOR SHORT TERM PATENTS
Utility Models are not available in Ireland. However, Short Term Patents are similar to utility models and have a term of 10 years. To keep a short term patent in force Renewal Fees must be paid.
Renewal fees have to be paid annually starting with the third year from the filing of the application for the patent. The renewal payment due date is the last day of the month of the anniversary of the filing date: for example, if an application is filed on 10 May, the renewal payment due date will be 31 May.
Step | Fees (€) | Comments | |
Standard procedure | Application fee | <60 | Statutory fee for filing a short term patent application |
Publication fee | 30 |
You’ll find additional information on the following hyperlink :
INFORMATION ABOUT RENEWAL FEES FOR SHORT TERM PATENTS
Utility Models are not available in Ireland. However, Short Term Patents are similar to utility models and have a term of 10 years. To keep a short term patent in force Renewal Fees must be paid.
Renewal fees have to be paid annually starting with the third year from the filing of the application for the patent. The renewal payment due date is the last day of the month of the anniversary of the filing date: for example, if an application is filed on 10 May, the renewal payment due date will be 31 May.
Renewal Fees | Short term 10 year patent |
In respect of the 3rd year | 30 |
In respect of the 4th year | 45 |
In respect of the 5th year | 57 |
In respect of the 6th year | 67 |
In respect of the 7th year | 75 |
In respect of the 8th year | 88 |
In respect of the 9th year | 97 |
In respect of the 10th year | 110 |
Renewal fees may be paid online (by credit or debit card) at: http://www.patentsoffice.ie/en/payment_online.aspx
Year | Standard fees (€) | Reduced fees (€) | Comments |
3 | 30 | ||
4 | 45 | ||
5 | 57 | ||
6 | 67 | ||
7 | 75 | ||
8 | 88 | ||
9 | 97 | ||
10 | 110 |