Tuesday, 5 December 2006
Patents (Amendment) Bill 1999: From the Seanad
Seanad amendment No. 5 is a drafting point to facilitate Seanad amendment No. 6, which provides that a notice of the restoration of a patent application which had been withdrawn in error will be published in the Patents Office Journal.
"(2D) Where the Controller decides to allow a request under this section to correct an error or mistake in a withdrawal of an application for a patent and notice of the request was published in the Journal under subsection (2A), the Controller shall make an order restoring the application and publish notice of the restoration in the Journal.",".
Seanad amendment No. 6 provides that where the controller decides to restore an application that has been withdrawn in error under section 33 of the principal Act and where a notice of the request to restore the application had been published in the Patents Office Journal under the amended section 110, notice of the restoration of the application will also be published in the journal.
Seanad amendment No. 7 is designed to reflect Article 11 of the Patent Law Treaty, which requires that an extension of a time limit must be for not less than a specified minimum duration. The purpose of the amendment is to introduce a new subsection (3) into section 118A to reflect that Article 11 of the Patent Law Treaty requires that a certain minimum length of extension be allowed from the date of expiration of the unextended time limit. This will be prescribed in the patent rules. The substance of this section, apart from new subsection (3), is unchanged from that in the Bill as passed by Dáil Éireann. The other changes are consequential and relate to the realignment of the numbering of the other subsections.