The only thing protecting our brilliance is our patents. Edwin Land, Polaroid |
FormalitiesProtecting your business' intellectual propertyIntellectual property is an umbrella term for a range of legal rights, including:
PatentsA patent is an exclusive right given by the State and enforceable in the Courts. It gives the “patentee” a monopoly to make, use and sell the invention for a fixed period of time and the right to stop others manufacturing, using or selling the patented invention during that period unless they have obtained the patent owner’s authorisation to do so. In return for this monopoly, the patentee pays fees to cover the costs of processing the patent application and granting the patent. Annual renewal fees are also paid in order to keep the patent in force.
A patent can last for 10 years (short term) or 20 years. A patent granted in Ireland gives no rights in other countries.
To be eligible for the grant of a valid patent, an invention must be:
A European patent application can be filed either with the Irish Patents Office or directly with the Hague Branch of the European Patent Office and the applicant can choose to designate any of the 18 contracting states including Ireland. When granted, a European patent has the effect of a national patent in each of the countries designated. Therefore, an applicant may find it considerably cheaper to lodge a single patent application to the EPO, designating a number of contracting states, as opposed to lodging individual patent applications with each of the countries. The Patent Co-operation Treaty provides a system whereby a single international application in one of the contracting states allows for the designation of up to 80 other countries in which one wishes to have patent protection. The applicant designates those in which a patent is desired and eventually the relevant national authority may grant a patent. The Patents Office acts as a receiving office for PCT applications.
Trade MarksA trade mark is a sign that is capable of being represented graphically (in words or pictures written down), and which is capable of distinguishing the goods or services of one business from those of other businesses. It may consist of words (including personal names), designs, letters, numerals, or the shape of the goods or of their packaging. An applicant is required to pay fees to register a trade mark and renewal fees to keep it in force.
A trade mark should be:
When registered, a trade mark is valid for 10 years and may be renewed every 10 years. Validity is effective from the date of application.
Industrial DesignsA design is a new idea or a conception of the external “shape, configuration, pattern or ornament” intended to be assumed by any article. Designs may be registered in respect of such diverse items as toys, lamps, articles of furniture, containers, clothes, fabrics and wallpaper. To be eligible for registration, a design must be new or original and must not have been published previous to the application. A design may be registered initially for five years and may be renewed for further periods of five years, subject to a maximum of 15 years.A new Industrial Designs Bill was published in Ireland in July 2000, to update and enhance Irish industrial design law. It broadens the civil and criminal remedies available in respect of infringements of design rights, implements the EU Directive on the legal protection of designs and enables future access for Irish designs to an international system of design protection under the Geneva Act of the Hague Agreement.
Copyright ProtectionCopyright is the creator’s (or legal owner’s) rights in creative works like paintings, writings, computer software, photographs, drawings, sound recordings, films and television broadcasts. No formality such as registration or deposit of the work or payment of fees is required in order that copyright may subsist in a work.The author of a work is the first owner of copyright in the work, except in the case of a work made under a contract of service in the course of employment. Subject to any agreement with the author, copyright in Government publications belongs to the Government. To avoid others copying your work, it is essential to be able to show proof of ownership. It is advisable for an author to sign, date and witness his/her work as proof of ownership and to display the international copyright symbol © prominently on his/her work. The law relating to copyright was updated by the Copyright and Related Rights Act, 2000. This is a complex area, and it is advisable to seek legal advice on any matter of doubt or dispute.
Further InformationThe Patent Office has Libraries at its Dublin and Kilkenny offices. Both contain various legal and technical reference works which may be of interest to inventors. In addition to providing access to a wide range of patent and trademark information in paper form, the Library also offers some electronic patent information services through CD-ROM computer terminals and also provides a document delivery service to the public. Application forms, information leaflets and lists of registered patent/trademark agents are available free of charge from the Patents Office.The laws relating to intellectual property are complex and it is advisable for intending applicants to consult a registered patent or trade mark agent in advance. General advice on the protection, technical development and commercialisation of inventions is available to client companies from Enterprise Ireland under the Inventions Assistance Scheme. In certain cases, Enterprise Ireland can give financial assistance with patenting expenses and can assist in finding suitable manufacturers. Full details of the scheme are available from Enterprise Ireland.
Now move on to consider the other aspects of formalities:
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