• Patent fees

Fees associated with filing patent applications in Ireland, as well as other patent fees, are available in the fee calculator.

• Term for filing a patent application in Ireland

The term for filing a patent application in Ireland claiming conventional priority is 12 months from the priority date. It is possible to file an application within an additional period of two months if the reason for late filing was unintentional, due care was taken and the corresponding additional fee was paid.

• Filing requirements in Ireland

The official languages of a patent registration in Ireland are Irish or English. It is possible to file an application in a foreign language and to submit the translation into English alongside a declaration that the translation is accurate within a 2-month term stipulated by the Patent Office. This term may be extended by no longer than one month if requested by the applicant.

To obtain the date of filing, a patent application in Ireland should contain:
- request to grant a patent;
- applicant/s details;
- description, even if it does not comply with the formal requirements;
- drawings (when necessary);
- details of priority claim (if applicable);
- payment of the filing fee.

If priority is claimed, a certified copy of the Priority Document must be submitted within 16 months of the earliest priority date. This term may be extended upon request by the applicant and payment of the prescribed fee. If the priority document is not in English, a translation should be submitted within 21 months from the earliest priority date.

A simply signed Power of Attorney must be submitted either at the time of filing or within the time stipulated by the Controller. Legalisation or notarization of the Power of Attorney is not required.

If the applicant is not the inventor, the Declaration of Inventorship (Assignment Deed) should be provided within sixteen months from the date of filing a patent application in Ireland or from the date of priority. The legalisation or notarization is not required.

• Examination of an Irish patent application

The Search Report must be requested no later than twenty-one months from the date of filing of the application or, if priority has been claimed, from the date of priority, with the payment of the prescribed fee. After receipt of the request and fee, a Search Report will be issued. Unless the patent application is withdrawn within two months of the issue of the Report, the Report is published by the Patent Office.

• Novelty grace period

In Ireland, the novelty grace period constitutes 6 months before the Irish filing date or before the priority date if the disclosure was made:

-by a breach of confidence or agreement in relation to the invention;
-unlawful obtainment of relevant information;
-by display of the invention by the applicant or his legal predecessor at an official or officially recognized international exhibition.

• Grant, validity term and maintenance fees

Patents in Ireland are valid for a maximum of 20 years from the date of filing. Official fees for the granting and publication of the patent should be paid within 4 months from the date when Notice of Allowance was issued. Annual maintenance payments for Irish patents begin from the third year and are payable on or before the last day of the month in which the date of filing occurred provided that the patent is granted. Annual fees may be paid within four months before the due date or within a grace period of six months on condition of payment of a surcharge. If the patent has been granted later than two years from the filing date, it is possible to pay the annuities in accumulated manner within three months of grant. There is a grace period of six months if the request for extension of time was filed.

• Duration of registration procedure

It takes an average of 3 years from filing to granting of a patent in Ireland.

• Utility Model

It is not possible to obtain utility model protection in Ireland.There is a Short-term patent similar to utility model type of protection with the protection period of ten years from the filing date. The Short-term patent application must not include more than five claims and must have novelty and industrial applicability. The usual requirement of non-obviousness is proven if the invention is “not clearly lacking an inventive step.” Applicants do not need to request a search report or evidence novelty.

• Representation by a patent attorney

For foreign applicants, it is recommended to perform patent prosecution in Ireland through an agent, a registered Irish patent attorney.

• Notes

1. Online Database for Irish National Patents Search.
2. An applicant may obtain patent protection in Ireland under PCT through entering the European PCT regional phase or within twelve months from the priority date via national route as far as entering Irish PCT national phase directly is not possible.

The above information was verified on 11.03.2024
Please contact us if the above information is not in conformity with Irish IP Laws