European Patent (EPO) Validation in Ireland

1. Terms for patent validation in Ireland

The period for filing the translation in 6 months after the date on which the mention of the grant or the decision to maintain the patent as amended is published in the European Patent Bulletin. It may be extended at the discretion of the Controller upon request made not later than one month after the time limit and accompanied by a fee of EUR 30.

The publication fee is deemed to have been paid only when proof of payment has duly been provided. The translation must be accompanied by a copy of the drawings in the EP specification even where there is no textual matter.

2. Conditions for patent validation in Ireland

2.1 Translation – Ireland has enacted provisions under Article 65(1) EPC and requires a translation of the complete European patent specification if the European patent has not been granted in one of their official languages. The translation shall be verified to the satisfaction of the Controller by the translator as being true to the best of his knowledge and belief.

• For provisional protection: it is required a translation of the complete patent specification, in English.
• After grant: a translation of the patent specification into English must be supplied. The translation must be accompanied by a copy of the drawings in the EP specification even where there is no textual matter. Due date is 6 months after the date on which the mention of the grant or the decision to maintain the patent as amended is published in the European Patent Bulletin.

2.2 Payment of patent validation and national registration fees:

There is a special fee to be paid: 35 EUR. Due date for the payment is the date on which translation is filed.

3. Effect of the European patent as a national Irish patent

Under Article 64(1) EPC, a European patent automatically confers on its proprietor from the date on which the mention of the grant is published in the European Patent Bulletin, in each contracting state in respect of which it is granted, the same rights as would be conferred by a national patent granted in that state.

4. Patent annuities in Ireland

• Due date: last day of the month in which the date of filing occured.
• Earliest possible date for payment: payment may not be made more than 4 months before due date.
• Period of grace for payment of fees (with surcharge): up to 6 months on request made by or on behalf of the proprietor to the Controller.