Patents

The following are the critical points in relation to patents

  1. Do not disclose an invention to anyone, except under a written Confidentiality Agreement
  2. Discuss the details only with a patent attorney.
  3. If the concept is considered to have patent potential, a detailed specification will be drawn up and filed immediately.
  4. There are then 12 months, before the final filing, in which to amend any details of the invention, decide in which countries to file and arrange the necessary finance
  5. In each country the priority date will be that of the first filing date in Ireland.
  6. It is not possible to subsequently file a valid application in any other country and enjoy the priority date.
  7. In countries where a patent does not exist, the product can be legally copied and marketed by others.
  8. The life of a patent is usually 20 years. A short term (10 year) patent can be obtained in approximately 6 months.
  9. An inventor may (under certain circumstances) receive royalties, free of Irish income tax, during the life of a patent.

Liam Birkett F R Kelly & Co 27 Clyde Road Dublin 4 Tel 231 48 48 l.birkett@frkelly.ie