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Dáil Éireann debate -
Tuesday, 22 Mar 1994

Vol. 440 No. 4

Written Answers. - Patent Application Fees.

Richard Bruton

Question:

141 Mr. R. Bruton asked the Minister for Enterprise and Employment if he will review the fees that have to be paid to obtain protection for an invention as these can be prohibitive, particularly for persons who are unemployed, as without such protection a person cannot openly have discussions regarding the feasibility of his idea.

I share the Deputy's concern.

I believe that the fees charged for applying for patents to protect inventions should reflect the need to encourage innovation, especially in the case of small to medium sized enterprises and individual inventors. In fact, to make it easier and less expensive to obtain patent protection by small enterprises, the opportunity was taken in the Patents Act, 1992 to provide for the establishment of a new system of short term patents. Such patents are of a ten-year duration and the official fees are only half of the amounts charged for ordinary patents of 20 years duration.

I might mention also that the official fees charged by the Controller of the Patents Office in respect of ordinary patent applications have remained at the same level since 1987.
As in the case of other costs borne by industry and business, I will endeavour to do everything possible to keep the official fees for obtaining patents as low as possible. The Deputy is no doubt aware that Patent Office fees represent only a small element of total patenting costs, which include fees to patent agents and other costs. Forbairt may provide assistance in respect of patenting costs in general, by investing in patent applications which have good prospects of being granted and of being commercially sound.
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