Part III, Section 66 · Patents Act 1992

Contents

66Actions for infringement.#

—(1) Civil proceedings for infringement under section 47 or 56 shall not be instituted against any person by the proprietor of a short-term patent until he has—

(a)made a request to the Controller, accompanied by the prescribed fee, to cause a search to be undertaken in relation to the invention and a report (a “search report”) of the results of the search to be prepared, and

(b)received from the Controller a copy of the search report and furnished a copy to that person.

(2)The Controller shall publish the search report referred to in subsection (1).

(3)In lieu of making the request referred to in subsection (1) (a) the applicant may, if an application for a patent for the same invention has also been filed in a prescribed foreign state or under the provisions of any prescribed convention or treaty, submit to the Controller the evidence referred to in section 30 (1); and proceedings may not be instituted until after the Controller has published any evidence so submitted to him and the proprietor has sent a copy thereof to the person concerned.

(4)The proceedings referred to in subsection (1) may be brought in the Circuit Court irrespective of the amount of a claim.

(5)References to the Court in sections 47, 49, 50, 51, 52, 54, 56 and 62 in relation to an action for infringement of a short-term patent shall be construed as including references to the Circuit Court.

(6)The Minister may, by rules, permit any person other than the proprietor to make a request to the Contoller to cause a search report to be prepared in relation to an invention which is the subject of a short-term patent. The rules may specify that such a request shall be subject to the payment of any prescribed fee. A search report prepared under this subsection shall be published by the Controller.

Contains Revised Acts prepared by the Law Reform Commission (revisedacts.lawreform.ie): legislative text under the Oireachtas (Open Data) PSI Licence, annotations under CC BY 4.0. Revised Acts are administrative consolidations, not authoritative.