Michael Ahern (Cork East, Fianna Fail)

I move amendment No. 6:

In page 10, line 22, after "section 28" to insert the following:

"and it appears to the Controller that reasonable care was taken to comply with the requirement within the prescribed period or, as the case may be, the period specified by the Controller".

Section 9, as considered by the committee, amends the Patents Act 1992 by inserting a new section 35A, which provides for the possibility of reinstatement of applications where an applicant had failed to comply with a requirement within the time limit provided. Subsection (5) provides for the advertisement of a request for reinstatement and the possibility for third parties to oppose the request. As currently drafted, the controller would be required to advertise the request for reinstatement even if the applicant had not taken reasonable care to try to comply with the time limit and invite unnecessary opposition proceedings. The controller should be advised to advertise the request only where the applicant has made a prima facie case for reinstatement. Amendment No. 6 clarifies subsection (5) to provide that a controller shall advertise the making of the request for reinstatement only where it appears to him that the applicant had taken reasonable care to comply with the requirement.

See this speech in context