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12 1964

PATENTS ACT, 1964

PART I.

Preliminary and General.

Short title and commencement.

1. —(1) This Act may be cited as the Patents Act, 1964.

(2) This Act shall come into operation on such day as the Minister may by order appoint.

Interpretation.

2. —In this Act, unless the context otherwise requires—

the Act of 1927” means the Industrial and Commercial Property (Protection) Act, 1927 ;

applicant”, in relation to an application, means the person making the application and includes a person in whose favour a direction has been given under section 22 of this Act, and the personal representative of a deceased applicant;

article” includes any substance or material, and any plant, machinery or apparatus, whether affixed to land or not;

assignee” includes the personal representative of a deceased assignee, and references to the assignee of any person include references to the assignee of the personal representative or assignee of that person;

commercially worked” means the manufacture of the article or the carrying on of the process described and claimed in a specification for a patent in or by means of a definite and substantial establishment or organisation, and on a scale which is adequate and reasonable in all the circumstances;

the Controller” means the Controller of Patents, Designs and Trade Marks appointed under this Act;

convention application” has the meaning assigned to it by subsection (3) of section 6 of this Act;

convention country” has the meaning assigned to it by subsection (1) of section 93 of this Act;

the Court” means the High Court;

date of filing”, in relation to any document filed under this Act, means the date on which the document is filed or, where it is deemed by virtue of any provision of this Act or of rules made thereunder to have been filed on any different date, means the date on which it is deemed to be filed;

exclusive licence” means a licence from a patentee which confers on the licensee, or on the licensee and persons authorised by him, to the exclusion of all other persons (including the patentee), any right in respect of the invention, and “exclusive licensee” shall be construed accordingly;

invention” means any new and useful art, process, machine, manufacture or composition of matter, or any new and useful improvement in any art, process, machine, manufacture or composition of matter, and includes an alleged invention and also any new method or process of testing applicable to the improvement or control of manufacture;

the Journal” means the journal issued by the Controller pursuant to section 81 of this Act;

the Minister” means the Minister for Industry and Commerce;

the Office” means the Patents Office established by the Act of 1927 and continued in being by section 77 of this Act;

patent” means letters patent for an invention;

patent of addition” means a patent granted in accordance with section 28 of this Act;

patentee” means the person or persons for the time being entered on the register of patents as grantee or proprietor of the patent;

prescribed” means, in the case of proceedings before the Court, prescribed by rules of court, and, in any other case, prescribed by rules made under this Act;

priority date” has the meaning assigned to it by section 10 of this Act;

published” means made available to the public by the written or spoken word or by public use, or in any other way.

Orders and rules.

3. —(1) Where a power to make orders or rules is conferred by any provision of this Act, such orders or rules may be made either as respects all, or as respects any one or more, of the matters to which the provision relates; and different provisions may be made by any such orders or rules as respects different classes of cases to which the orders or rules apply.

(2) Every order or rule made under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and if a resolution annulling the order or rule is passed by either such House within the next subsequent twenty-one days on which that House has sat after the order or rule is laid before it, the order or rule shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

(3) Every order or rule made under this Act shall be advertised twice in the Journal.

Expenses.

4. —The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

Transitional provisions and repeals.

5. —(1) The transitional provisions contained in the Second Schedule to this Act shall have effect for the purposes of this Act.

(2) Subject to the said transitional provisions, the enactments specified in the First Schedule to this Act are hereby repealed to the extent specified in the third column of that Schedule.