Noel Ahern (Dublin North West, Fianna Fail)
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Question 267: To ask the Minister for Enterprise, Trade and Innovation the level of protection given to persons who register an invention with the Irish Patent Office; the international protection a patent holder is entitled to on the basis of an Irish patent; the steps a person must take to ensure that they are the sole owner of the intellectual property rights associated with an invention in countries other than Ireland; the options open to a person who, having registered a patent in Ireland, finds that a patent for the same or similar invention was granted in another country on a date after their original application; and the assistance he can give to an Irish patent holder (details supplied) who is being challenged by a multinational corporation over the ownership of intellectual property rights for a new form of internal combustion engine [38156/10]

Conor Lenihan (Dublin South West, Fianna Fail)
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In the event that a person who, having been granted an Irish patent, finds that a patent for the same or similar invention was granted in another country on a date after their original application, would have the option of making an application (usually before the court) in that country to have the patent declared invalid on the grounds that the invention was not novel since it was already described in another published patent and had therefore become part of the body of existing knowledge, (what is termed "prior art"), in that field of technology. A dispute over the ownership of intellectual property rights is generally a matter of civil law and therefore dealt with before the courts. I made enquiries regarding the status of the patent referred to in your question. Unfortunately, this short – term (10 year) patent has lapsed. However, the patent holder has a short window of opportunity to make an application for restoration of the patent to the Controller of Patents, Designs and Trade Marks. Once certain criteria have been met, and if there is no opposition to the restoration of the patent, the Controller may order that the patent be restored.