Tony Killeen (Clare, Fianna Fail)
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Gabh mó leithscéal as a bheith déanach. Bhíos ag vótáil sa Dáil. I am taking Committee Stage on behalf of my colleague the Minister of State, Deputy Michael Ahern, who has another commitment. As has been explained previously, the amendments in this instance are mainly technical in nature.

The aim of amendment No. 1 is to delete line 18 and substitute the following: "23.-(1) The date of filing of a patent application shall be". The purpose of this editorial amendment is to insert the title of the section into the section, as amended.

Tony Killeen (Clare, Fianna Fail)
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This amendment was suggested by the Parliamentary Counsel. It is an editorial amendment, the purpose of which is to insert a clarifying reference in Part II of the Principal Act into the introduction of the section.

Tony Killeen (Clare, Fianna Fail)
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This is only a minor grammatical correction.

Tony Killeen (Clare, Fianna Fail)
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This is a minor grammatical change suggested by the Parliamentary Counsel to insert the word "by" before the reference to subsection (10) in subsection (11) of that section.

Rory Kiely (Fianna Fail)
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Amendment No. 6 is related to amendment No. 5, therefore, both amendments may be discussed together by agreement.

Tony Killeen (Clare, Fianna Fail)
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Amendment No. 5 relates to a drafting point to facilitate the introduction of a new subsection (2D) which is to follow subsection (2C). Amendment No. 6 also relates to section 26. It proposes to insert the following paragraph between lines 39 and 40, which is the new subsection (2D) to which I referred. It states: "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". This is clearly to provide that where the controller decides to restore an application withdrawn in error, the notice of the request to restore the application has been published under subsection (2A), and that he is in a position to do that.

Tony Killeen (Clare, Fianna Fail)
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The proposal is to delete lines 27 to 46 and substitute the text as outlined in the amendment. The substance of the section remains the same, apart from subsection (3). For drafting reasons the Parliamentary Counsel found it necessary, in order to facilitate the introduction of the subsection, to set out the entire provision. The purpose of the section is to reflect Article 11 of the Patent Law Treaty relief in respect to time limits, which requires that a right to a one-off extension of a time limit fixed by an office — in this case the controller — must be allowed as a right and not subject to the exercise of discretion on the part of the controller's office. This is a most important provision.

Subsection (3) is being introduced to reflect that Article 11 of the Patent Law Treaty requires that a minimum length of extension be allowed from the date of expiration of the extended time limit. This limit will be prescribed in the patent rules. Subsection (1) is unchanged from that passed by Dáil Éireann. Subsection (2) provides that the controller shall grant the extension, as I explained. Subsection (4) provides that if an extension of time is granted, the legal consequences of the failure to observe the time limit shall be deemed not to have ensued. Subsection (5) provides that any further examination of time will be at the discretion of the controller. Subsection (6) provides that this section does not apply to proceedings before the controller.

Tony Killeen (Clare, Fianna Fail)
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This arises from a suggestion by Parliamentary Counsel. It is an editorial amendment to include a reference to the following section in the introductory words of section 30.

Tony Killeen (Clare, Fianna Fail)
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This substitutes singular for plural. The reference should be to "amendment" because it is affected by section 43 (c).

Tony Killeen (Clare, Fianna Fail)
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This is a stylistic change suggested by Parliamentary Counsel. It is required to align the manner in which the date is cited with the manner in which dates mentioned in the Long Title are cited.

Paddy Burke (Fine Gael)
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When is it proposed to take Report Stage?

Terry Leyden (Fianna Fail)
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With agreement of the House it is proposed to take Report Stage on Wednesday, 17 November.

Paddy Burke (Fine Gael)
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Is that agreed?

Paul Coghlan (Fine Gael)
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I am prepared to take Report State now. As the Minister of State stated——

Terry Leyden (Fianna Fail)
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It is an order of the House. I cannot change it. We have no choice on the matter.

Paul Coghlan (Fine Gael)
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I do not mean to cut across Senator Leyden. However, as the Minister of State pointed out, this Bill is technical and non-contentious. It is about commas and editorial and grammatical drafting points. I accept what Senator Leyden stated.

Terry Leyden (Fianna Fail)
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I appreciate the Senator's wishes. However, we discussed the matter with the Leader of the House and she feels Bills such as this should be given proper consideration. I welcome the departmental officials who are here today. When they have an opportunity to examine the Bill in detail they may discover a matter which must be dealt with. I am under instruction——

Paul Coghlan (Fine Gael)
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This Bill has gone on for so long.

Terry Leyden (Fianna Fail)
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I am under instruction from the Leader of the House not to take Report Stage. If the Minister of State requests it I will not object.

Paul Coghlan (Fine Gael)
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I am also in the hands of the Minister of State.

Tony Killeen (Clare, Fianna Fail)
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I am grateful to Senator Coghlan for making the offer. Some elements of the Bill involve time constraints. I did not expect to be afforded the opportunity to proceed with Report Stage. The officials inform me we are in a position to deal with it if the House agrees.

Terry Leyden (Fianna Fail)
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From previously being in the position of the Minister of State, I understand it is important to give 100% co-operation. Under the circumstances, if the Minister of State feels the Department is satisfied we can deal with Report Stage, and it would be of benefit to pass the Bill, I will concur with his request. The Leader of the House requires Bills to be given detailed consideration. Sometimes Bills are brought forward in the House in a hurry. If an early signature motion is required, we will agree to it. It is a matter for the Minister of State.

Paddy Burke (Fine Gael)
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Will Senator Leyden make the proposal that Report Stage be taken now?

Terry Leyden (Fianna Fail)
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I propose that Report Stage be taken now.

Paddy Burke (Fine Gael)
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Is that agreed? Agreed.

Terry Leyden (Fianna Fail)
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I thank the Minister of State, Deputy Michael Ahern, for this Bill. It is technical but important and will have major repercussions on the protection of patents in this country. Perhaps after the Bill is passed the Minister of State will promote patents and encourage people to take them out. Sometimes people create important inventions but neglect to go through the proper patent process. As such, they lose rights to those products irrespective of the benefit they would have had personally, to their companies or to the country. I strongly recommend the Minister of State and the Department promote the benefits of patents in any way they can.

The acting director of the Patents Office was anxious about this matter. I understand a new director has been appointed. I do not know whether he or she has taken up the position yet. It would be worthwhile for the Minister of State to meet the new director and make patents more meaningful. It should be as simple as possible to patent. It is off-putting to have to go through an extremely expensive process and patent agents are not always necessary.

I thank the Minister of State and his efficient and effective departmental officials. It is nice to see three ladies in such prominent positions in the House. They are welcome and I congratulate them on this detailed and technical Bill. I thank the Minister of State, Deputy Killeen, for coming before the House. I also thank the Leas-Chathaoirleach and the Opposition for being so co-operative in passing this Bill.

Paul Coghlan (Fine Gael)
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I also thank the Ministers of State, Deputies Killeen and Michael Ahern, and their staff. I hope I did not upset anything between Senator Leyden and his Leader in this House. I would hate to do so. I understood from previous discussions I had with the Minister of State, Deputy Michael Ahern, that because this matter is non-contentious and has overrun, it was more expeditious to conduct our business as we did. The Minister of State, Deputy Killeen, mentioned time constraints may arise.

Tony Killeen (Clare, Fianna Fail)
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I thank the Leas-Chathaoirleach, Senator Coghlan for his suggestion and Senators Leyden and Hanafin for their co-operation. On behalf of the Minister of State, Deputy Michael Ahern, I thank the Senators for facilitating the passage of the Bill. It must return to the Dáil and time constraints will arise. I also commend the Minister of State, Deputy Michael Ahern, on his work on this extremely technical Bill which is important for the protection of intellectual property. I also thank the hard-working departmental officials who included in this Bill several provisions which will save us introducing primary legislation in the future.

Paul Coghlan (Fine Gael)
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I understand this Bill is fully passed because it has gone through the Dáil.

Terry Leyden (Fianna Fail)
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Amendments have been made so it must go back.

Paul Coghlan (Fine Gael)
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Those amendments must go back.

Terry Leyden (Fianna Fail)
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I move that the sitting be suspended until 2 p.m.

Paddy Burke (Fine Gael)
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Is that agreed? Agreed.