Vol. 491 No. 3
25 Mr. Perry asked the Tánaiste and Minister for Enterprise, Trade and Employment if she will change the regulation which forces an unfair system of applications for funding of patent registration, particularly regarding the application procedure which requires the applicant to disclose all details of the product or invention before the product has patent protection; and if she will make a statement on the matter. [12083/98]
The economic importance of patents is wideranging and derives from the fact that patentees can exploit their inventions for up to 20 years to the exclusion of all competition. To assist Irish inventors, Forbairt provides advice on the protection, technical development and commercialisation of inventions under its inventions assistance scheme. In certain cases Forbairt gives financial assistance with patenting expenses and assists in finding suitable manufacturers. In giving such assistance Forbairt must satisfy itself that the invention is capable of patent protection, is technically feasible and that there are plans for its commercial exploitation. Such support to the inventor is conditional on Forbairt sharing in the patent royalty income resulting from the successful exploitation of the invention.
Forbairt, in considering the degree of State support to give towards the gaining of a patent, must evaluate the inventiveness and technical and commercial merit of the proposal. Any information submitted to Forbairt towards this process is confidential and used only for the evaluation of the project. Such information is not in the public domain and does not affect the patent application procedure under the Patents Act, 1992.
As Minister with responsibility for the intellectual property area, I am fully aware that inventions should not be in the public domain before application is made to the Patents Office. I can assure the Deputy that Forbairt is likewise fully conscious of its responsibilities in this area and all Forbairt staff are bound by the confidentiality provisions of the Industrial Development Acts. Disclosure of an invention to Forbairt does not affect the novelty of the invention or prejudice the inventor's right to file a patent application subsequently.
Inventors should not have to disclose exact details of their inventions, particularly in the case of a single employee with his own idea. It should be enough to disclose the name of the invention, its functions and advantages. Regarding the cost factor, a series of expenses has to be incurred before an inventor can secure patent protection. An application to the Patents Office to register a patent costs £500; a further application for a world-wide search, which has to be done, costs an additional £1,000; and securing global patent rights can cost in excess of £20,000. Could the Minister review the cost factor with regard to registering a patent and examine the possibility of altering the terms of application?
The point was made by the Inventors Association of Ireland that an inventor should not have to hand over all information. Forbairt's role is to evaluate projects. In many cases this could cost up to £20,000, although if things go well Forbairt would gain a percentage of royalties. Forbairt provides free advice in the initial stages. It is a valuable third party evaluation agency and it is bound by confidentiality provisions. In addition, the information is protected under the Freedom of Information Act. I appreciate that inventors are afraid of handing over all their information, but I am satisfied that the measures in place are satisfactory and I am confident that the staff of Forbairt deal with these issues on that basis. Comparing costs with those in other countries, there is no difference. Forbairt has to identify inventions that have potential commercial value and I am satisfied with the procedures that are in place to do this.
Could the Minister look at the funding of groups of inventors because single inventors with an innovative idea find the system very restrictive? I do not wish to fault Forbairt, which does outstanding work, but it is often not possible to give the necessary time to an individual in relation to a particular concept. Some fantastic ideas start from a simple idea, for example, the new instant breakfast cereal. Ballygowan water is another typical idea. People who start with small ideas find it very difficult to get through. Will the Minister look at the question of an innovative policy in the area of inventions geared towards individuals rather than companies?
I had a meeting with the Inventors Association of Ireland some time ago and they put a number of these points. I share the Deputy's interest in this area. I agree it is important to ensure that Forbairt provides the necessary backup for potentially creative people. I looked carefully at the proposals made by the Inventors Association with regard to making cases en bloc, but there are patent agents to help people who wish to pursue inventions. The Deputy's proposal with regard to the Inventors Association would not work in practice. However, they have made important points to me and I am more than willing to look at some of their suggestions. Equally, if there are individuals who are experiencing problems in getting a proper backup service, I would be more than happy to assist.
