Number  6 of 2017
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Knowledge Development Box (Certification of Inventions) Act 2017
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Number 6 of 2017 
KNOWLEDGE DEVELOPMENT BOX (CERTIFICATION OF INVENTIONS) ACT 
2017 
CONTENTS 
PART 1 
PRELIMINARY AND GENERAL 
Section 
1. Short title, collective citation and commencement 
2. Interpretation 
3. Expenses 
PART 2 
REQUIREMENTS THA T MUST BE MET BEFORE KDB C ERTIFICATE MAY BE ISSUED IN RESPECT OF INVENTION 
4. Invention must be novel, non-obvious and useful 
5. Cases in which KDB certificate shall not be issued 
6. KDB certificate may only be issued for one invention except in specified cases 
PART 3 
APPLICATION FOR KDB C ERTIFICA TE , DETERMINATION OF APPLICA TION AND REVIEWS 
7. Application for KDB certificate 
8. Insufficient information, etc. 
9. Certain applications made in respect of 2 or more inventions 
10. Withdrawal of application 
11. New application may be made following withdrawn application 
12. Decision to issue KDB certificate 
13. Decision to refuse to issue KDB certificate 
14. Review of decision to refuse to issue KDB certificate 
15. New application may be made following refusal to issue KDB certificate 
PART 4 
ADMINISTRATION 
16. Authorisations by Controller     
   
     
   
  
 
      
       
  
  
 
    
    
         
         
      
            [No. 6. ] Knowledge Development Box [2017.]
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(Certification of Inventions) Act 2017. 
17. Con
fidentiality of records, etc. 
18. KDB report 
19. Indemnity 
PART 5 
MISCELLANEOUS 
20. Forgery of documents 
21. Rules 
22. Liability for offences by body corporate 
23. Fees 
24. Forms 
PART 6 
AMENDMENT OF PA TENTS ACT 1992 
25. Definition 
26. Application 
27. Amendment of section 29 of Act of 1992 
28. Amendment of section 30 of Act of 1992 
29. Observations by third party on patentability 
30. Amendment of section 31 of Act of 1992 
31. Annual report 
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     [2017.] Knowledge Development Box [No. 6.]
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(Certification of Inventions) Act 2017. 
ACTS REFERRED TO 
Finance Act 2015 (No. 52)
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Patents Act 1992 (No. 1)
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Patents Acts 1992 to 2014
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Taxes Consolidation Act 1997 (No. 39)
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Number 6 of 2017 
KNOWLEDGE DEVELOPMENT BOX (CERTIFICATION OF INVENTIONS) ACT 
2017 
An Act to provide for the issue, by the Controller of Patents, Designs and Trade Marks, 
to a relevant company of a knowledge development box certificate in respect of an invention by that company which is novel, non-obvious and useful, as specified in the 
definition of “intellectual property for small companies” in section 769R of the Taxes 
Consolidation Act 1997, in order to enable the company to use the certificate to obtain a tax benefit under the Taxes Consolidation Act 1997; to amend the Patents Act 1992 to ensure that Irish patents granted on or after the commencement of Part 6 of this Act can fal
l within paragraph (a) of the definition of “qualifying patent” in section 769G of the 
Taxes Consolidation Act 1997; and to provide for related matters.       [12th April , 2017] 
Be it enacted by the Oireachtas as follows: 
PART 1 
PRELIMINARY AND GENERAL 
Short title, collective citation and commencement 
1.	� (1) This Act may be cited as the Knowledge Development Box (Certification of 
Inv
entions) Act 2017. 
(2) The Patents Acts 1992 to 2014 and Part 6 may be cited together as the Patents Acts 
1992 t o 
2017. 
(3) This Act shall come into operation on such day or days as the Minister may by order 
or or de
rs appoint either generally or with reference to any particular purpose or 
provision and different days may be so appointed for different purposes or different provisions. 
Interpretation 
2. (1) In this Act— 
“Act of 1997” means the Taxes Consolidation Act 1997; 
“Act of 2015” means the Finance Act 2015; 
“applicant” means the relevant company making the application concerned; 
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             PT.1 S.2 [ No. 6. ] Knowledge Development Box	� [2017.] 
(Certification of Inventions) Act 2017. 
“a
pplication” means an application under section 7(1) ;
­
“Controller” means the Controller of Patents, Designs and Trade Marks;
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“indus
try” includes agriculture;
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“KDB” means knowledge development box;
­“KDB certificate” means a knowledge development box certificate;
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“knowledge development box certificate” has the meaning assigned to it by section
�
7(1);
­
“non-obvious”, in relation to an invention the subject of an application, means that the
­
inve
ntion, having regard to the state of the art before the date contained in the
­
application pursuant to section 7(2)(d) , involves an inventive step that is not obvious
­
to a person skilled in the art;
­
“no
vel”, in relation to an invention the subject of an application, means that the
­
invention, having regard to the state of the art before the date contained in the
­
appli
cation pursuant to section 7(2)(d) , does not form part of the state of the art;
­
“Minister” means the Minister for Jobs, Enterprise and Innovation;
­
“pr
escribed” means prescribed by rules made by the Minister under section 21 ;
­
“r
elevant company” means a company—
­
(a) which is a relevant company within the meaning of the definition of “relevant 
com
pany” in section 769G (inserted by section 32(1)(a) of the Act of 2015) of the 
Act of 1997, and 
(b) to which section 769R (inserted by section 32(1)(b) of the Act of 2015) of the Act 
of 1997 
applies by virtue of subsection (2) of such section 769R; 
“review” means a review under section 14 ; 
“specified”, in relation to a form of document, means specified under section 24 ; 
“state of the art”, in relation to an invention the subject of an application, means ever
ything made available to the public (whether in the State or elsewhere) by means 
of a written or oral description, by use, or in any other way, before the date contained in the application pursuant to section 7(2)(d) ; 
“useful”, in relation to an invention the subject of an application, means that the inve
ntion has a specific, credible and substantial utility in that it can be made or used 
in one or more than one industry. 
(2) A reference in this Act to an invention includes a reference to a group of inventions 
wher
e section 6 so permits. 
Expenses 
3.	� The expenses incurred by the Minister in the administration of this Act shall, to such 
exte
nt as may be sanctioned by the Minister for Public Expenditure and Reform, be paid 
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      [2017.]	­ Knowledge Development Box [No. 6.] PT.1 S.3 
(Certification of Inventions) Act 2017. 
out of 
monies provided by the Oireachtas. 
PART 2 
REQUIREMENTS THA T MUST BE MET BEFORE KDB C ERTIFICATE MAY BE ISSUED IN RESPECT OF INVENTION 
Invention must be novel, non-obvious and useful 
4.	� (1) Subject to subsection (2) , a K DB certificate may only be issued in respect of an 
invention which is novel, non-obvious and useful. 
(2) Any of the following in particular shall not be regarded as an invention within the 
mea
ning of subsection (1) : 
(a) a discovery, scientific theory or mathematical method; 
(b) an aesthetic creation; 
(c) a scheme, rule or method for performing a mental act, playing a game or doing busine
ss, or a program for a computer; 
(d) the presentation of information. 
Cases in which KDB certificate shall not be issued 
5. (1) A KDB certificate shall not be issued in respect of— 
(a) an invention the commercial exploitation of which would be contrary to public 
orde
r or morality, provided that the exploitation shall not be deemed to be so 
contrary only because it is prohibited by law, 
(b) a plant or animal variety or an essentially biological process for the production of 
plant
s or animals other than a micro-biological process or the products thereof, or 
(c) subject to subsection (2) , a m ethod for treatment of a human or animal body by 
surgery or therapy and a diagnostic method practised on the human body or 
anim
al body. 
(2)	­Subsection (1)(c) shall not apply to products, in particular substances or compositions, for us 
e in any such method. 
KDB certificate may only be issued for one invention except in specified cases 
6.	� A KDB certificate may only be issued in respect of one invention except that a KDB 
cer
tificate may be issued in respect of a group of inventions if the inventions are so 
linked as to form a single general inventive concept. 
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         [No. 6. ] Knowledge Development Box	� [2017.]
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(Certification of Inventions) Act 2017. 
PA
RT 3 
APPLICATION FOR KDB C ERTIFICA TE , DETERMINATION OF APPLICA TION AND REVIEWS 
Application for KDB certificate 
7.	� (1) Subject to subsections (2) and (3), a relevant company may make an application, in 
the 
specified form and accompanied by the prescribed fee (if any), to the Controller 
for t
he issue of a certificate (in this Act referred to as a “knowledge development box 
certificate”) for the purposes of section 769R (inserted by section 32(1)(b) of the Act 
of 2015) of the Act of 1997 and, in particular, for the purposes of the definition of 
“intellectual property for small companies” in subsection (1) of such section 769R. 
(2) Without prejudice to the generality of section 24, the application shall contain the 
following information: 
(a) evidence that the applicant is a relevant company (which may be a statutory decl
aration to that effect); 
(b) the title of the invention in sufficient detail to indicate the matter to which the invent
ion relates; 
(c) a full, clear, concise and accurate description in writing of the invention and of the m
anner and process of making and using it, including any drawings, images 
or other evidentiary material which may assist in understanding the nature of the invention and such other information which might materially assist in the making 
of a decision on the application by the Controller whether to issue a KDB 
certificate in respect of the invention; 
(d) for the purposes of determining if the invention is novel and non-obvious, the date 
on which the process, product or technology which is or comprises the 
invention began to be used, produced or marketed; 
(e) the novel features or improvements contained in the invention which were not 
part 
of the state of the art in the field of technology concerned before the date 
referred to in paragraph (d) ; 
(f) the features of the invention which were part of the state of the art in the field of 
tec
hnology concerned, and were known to the applicant, on or before the date 
referred to in paragraph (d) ; 
(g) without prejudice to the generality of paragraph (c) — 
(i)	­a description of the advantageous effects (if any) of the invention with ref
erence to— 
(I) the state of the art in the field of technology concerned, and 
(II) the way in which the invention is made and used in industry, 
and 
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          [2017.]	­ Knowledge Development Box [No. 6.] PT.3 S.7 
(Certification of Inventions) Act 2017. 
(i
i) if	­the invention is described as an improvement, a description of the 
in
vention pointing out the part or parts of the process, or the technical 
features, to which the improvement relates, focusing on the exact nature of 
the improvement and to such parts or technical features which cooperate 
with the improvement or as otherwise may be necessary for a complete 
understanding or description of the improvement. 
(3) The application shall be accompanied by— 
(a) an	­opinion from a patent agent which attests (including attests by way of 
re
ference to the information required by subsection (2)(e) and (f)) to the invention 
bei
ng novel, non-obvious and useful on the date contained in the application 
pursua
nt to subsection (2)(d) , and 
(b) evidence to support that opinion. 
(4) In this section, “patent agent” has the meaning assigned to it by section 2(1) of the Patents Act 1992. 
(5) The Office of the Revenue Commissioners shall, within 3 months of the enactment of this 
Act, publish a guidance document to provide information to businesses 
considering making an application for a KDB certificate. 
Insufficient information, etc. 
8.	� (1) If the Controller is satisfied that the application does not comply with all the 
requi
rements of section 7 that apply to the application, he or she shall give the 
appli
cant a notice in writing— 
(a) stating that the Controller is satisfied that the application does not comply with 
all 
the requirements of section 7 that apply to the application, 
(b) identifying (and, if the Controller	­ cons iders it appropriate to do so, giving 
particulars of) such of those requirements in respect of which the Controller is 
satisfied that the application does not comply, 
(c) stating that the applicant may, within 30 days of the date of issue of the notice, or such 
longer period as the Controller may permit in any particular case (either at 
the initiative of the Controller or upon a request in writing made by the applicant to the Controller), revise and resubmit the application to take account of such of 
those requirements which the Controller has identified in the notice as being 
requirements in respect of which the Controller is satisfied that the application 
does not comply, and 
(d) stating that, if the applicant does not revise and resubmit the application in acc
ordance with paragraph (c) before the expiration of the period concerned 
ref
erred to in that paragraph, the applicant shall, by virtue of subsection (2) , be 
dee
med to have withdrawn the application. 
(2) If the applicant the subject of a notice under subsection (1) — 
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     PT.3 S.8 [ No. 6. ] Knowledge Development Box	� [2017.] 
(Certification of Inventions) Act 2017. 
(a
) subject to subsections (3) and (4), does not revise and resubmit the application in 
ac
cordance with paragraph (c) of subsection (1) before the expiration of the 
peri
od concerned referred to in that paragraph, or 
(b) does not withdraw the application pursuant to section 10 before that expiration, 
the applicant shall, by virtue only of this subsection and with effect immediately upon 
that 
expiration, be deemed to have withdrawn the application. 
(3)	­Subsection (4) applies if— 
(a) the applicant revises and resubmits the application before the expiration of the 
peri
od concerned referred to in paragraph (c) of subsection (1) , and 
(b) t
he application still does not, however, take account of all of the requirements of 
section 7 which the Controller has identified in the notice concerned under 
subsection (1). 
(4) The Controller shall, as soon as is practicable after he or she receives the revised and 
res
ubmitted application, give the applicant a notice in writing identifying (and, if the 
Controller considers it appropriate to do so, giving particulars of) such of the requirements of section 7 in respect of which the Controller is satisfied that the 
appli 
cation still does not comply. 
(5) Subject to subsection (6) , the Controller shall be entitled to defer the consideration, or 
further consideration, of the application the subject of a notice under subsection (1) 
until the application is revised and resubmitted in accordance with paragraph (c) of 
that 
subsection. 
(6) The	­ Controller shall cease the consideration, or further consideration, of the 
appl
ication the subject of a notice under subsection (1) if, by virtue of subsection (2) , 
the applicant is deemed to have withdrawn the application. 
(7) The Minister at the end of each year (beginning with the year ending 31 December 2018) sha
ll prepare and lay before each House of the Oireachtas an anonymised report 
outlining why applications for KDB certificates were not successful. 
Certain applications made in respect of 2 or more inventions 
9. (1) Subsection (2) applies where— 
(a) 2 or more inventions are the subject of the same application, and 
(b) without prejudice to the generality of sections 4 and 5, the Controller is minded 
to refuse to issue a KDB certificate in respect of the inventions on the ground that 
the i
nventions do not meet the requirement of section 6. 
(2) The Controller may give the applicant a notice in writing stating that— 
(a) the Controller is minded to refuse to issue a KDB certificate in respect of the 
invent
ions the subject of the application on the ground that the inventions do not 
meet the requirement of section 6, 
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           [2017.]	­ Knowledge Development Box [No. 6.] PT.3 S.9 
(Certification of Inventions) Act 2017. 
(b) t
he applicant may, within 30 days of the date of issue of the notice, give the 
Cont
roller a notice in writing (in this section referred to as the “identifying 
notice”) identifying which one of those inventions (in this subsection referred to 
as the “identified invention”) the applicant wishes the Controller to further 
consider the application on the basis that the identified invention shall be treated 
as the only invention the subject of the application, 
(c) if	­the applicant does give the Controller the identifying notice before the 
exp
iration of the period referred to in paragraph (b) , th e applicant may, if it 
wishes to do so, make a new application in respect of any of the inventions which is not 
the identified invention, and 
(d) if the applicant does not give the Controller the identifying notice before the expi
ration of the period referred to in paragraph (b) , th e Controller will further 
consider the application on the basis on which the application was originally made
. 
(3) The Controller shall be entitled to defer the further consideration of the application the s
ubject of a notice under subsection (2) until— 
(a) the Controller is given the identifying notice before the expiration of the period ref
erred to in paragraph (b) of that subsection, or 
(b) that period expires without the Controller being given the identifying notice, 
whichever first occurs. 
Withdrawal of application 
10.	� Without prejudice to the operation of section 8(2) , the applicant may withdraw the 
application at any time (including following the receipt of a notice under section 8(1) ) 
before the issue of a KDB certificate in respect of the invention the subject of the 
appl
ication. 
New application may be made following withdrawn application 
11.	� Nothing in this Act shall be construed to prevent the applicant— 
(a) whose application has been deemed to be withdrawn under section 8(2) , or 
(b) who has withdrawn the application under section 10, 
from making a new application in respect of the invention that is the subject of the 
wit
hdrawn application. 
Decision to issue KDB certificate 
12.	� (1) Where the Controller is satisfied that the invention the subject of the application 
mee
ts all the requirements of Part 2, he or she shall issue a KDB certificate in the 
specified form to the applicant. 
(2) Without prejudice to the generality of section 24 , a KD B certificate shall state— 
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  PT.3 S.12 [ No. 6.] Knowledge Development Box	� [2017.] 
(Certification of Inventions) Act 2017. 
(a
) the name of the applicant, 
(b) the address, principal office, or principal place of business, in the State, of the 
appl
icant, 
(c) the title of the invention in sufficient detail to indicate the matter to which the invent
ion relates, and 
(d) the date contained in the application pursuant to section 7(2)(d) . 
Decision to refuse to issue KDB certificate 
13.	� Where the Controller is not satisfied that the invention the subject of the application 
mee
ts all the requirements of Part 2, he or she shall give the applicant a notice in 
writing— 
(a) stating that the Controller refuses to issue a KDB certificate in respect of the 
invent
ion because he or she is not satisfied that the invention meets all the 
requirements of Part 2, 
(b) setting out the grounds on which the Controller is not so satisfied (including 
ref
erring the applicant to the relevant provisions of this Act), and 
(c) stating that the applicant may, if the applicant so wishes, make a request under section 14 to the Controller to cause a review of the decision to be carried out. 
Review of decision to refuse to issue KDB certificate 
14.	� (1) The applicant who has been given a notice under section 13 may, within 30 days of 
the da 
te of issue of the notice or such longer period as the Controller may permit in 
any particular case (either at the initiative of the Controller or upon a request in 
writing made by the applicant to the Controller), make a request in writing (in this 
section referred to as the “review request”), in the specified form (if any) and 
accompanied by the prescribed fee (if any), to the Controller to cause a review of the 
relevant decision to be carried out. 
(2) Without prejudice	­ to t he generality of section 24, the review request shall, by 
ref
erence to the grounds referred to in section 13(b) set out in the notice concerned 
under se
ction 13 , state the reasons why the applicant wishes the relevant decision to 
be r
eviewed. 
(3) Subject to subsection (4) , the Controller shall, upon receipt of the review request, 
appoint an officer of the Controller (in this section referred to as the “reviewer”) to 
revi
ew the relevant decision. 
(4) The reviewer— 
(a) shall not be the officer of the Controller who made the relevant decision, and 
(b) shall be of a grade senior to the grade of the officer of the Controller who made the r
elevant decision. 
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              [2017.]	­ Knowledge Development Box [No. 6. ] PT.3 S.14 
(Certification of Inventions) Act 2017. 
­
(
5) The reviewer shall, as soon as is practicable after being appointed, review the relevant 
deci
sion, taking into account only the reasons stated in the review request and, as he 
or she thinks fit— 
(a) confirm the relevant decision and give the applicant a notice in writing of such 
conf
irmation and the reasons for such confirmation, or 
(b) cancel the relevant decision and issue a KDB certificate to the applicant in res
pect of the invention the subject of that decision. 
(6) In this	­ section, “relevant decision” means the decision, as set out in the notice 
conc
erned under section 13 , to refuse to issue a KDB certificate in respect of the 
in
vention the subject of the application concerned. 
New application may be made following refusal to issue KDB certificate 
15.	� Nothing in this Act shall be construed to prevent the applicant who has been given a 
notic
e under section 13 or 14(5)(a) from making a new application in respect of the 
invent
ion to which that notice relates if that application contains new matters for the 
Controller’s consideration as to whether the invention meets all the requirements of Part 
2. 
PART 4 
ADMINISTRATION 
Authorisations by Controller 
16.	� Such functions of the Controller under this Act as may be specified by the Controller 
may 
be performed, under the supervision and subject to the general direction of the 
Controller, by officers of the Controller duly authorised in that behalf by the Controller. 
Confidentiality of records, etc. 
17. (1) The Controller shall keep records of— 
(a) applications, 
(b) KDB certificates issued, 
(c) refusals to issue KDB certificates, and 
(d) reviews, 
in such manner and form as he or she considers appropriate. 
(2) Subject to subsections (3) and (4), a relevant person shall not publish, open to public 
ins
pection or otherwise disclose (including disclose in any legal proceedings) any of 
the f
ollowing (including any copies, in any form, of any of the following) which has 
been obtained by the relevant person during the course of the performance by that 
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         PT.4 S.17 [ No. 6.] Knowledge Development Box	� [2017.] 
(Certification of Inventions) Act 2017. 
­
r
elevant person or another relevant person of a function under this Act, or which has 
been 
obtained by the relevant person during the course of assisting another relevant 
person in the performance of a function under this Act: 
(a) the records referred to in subsection (1) ; 
(b) information concerning any invention the subject of an application; 
(c) technical information concerning industrial processes, commercial processes or 
form
ulae (including trade secrets and know-how) disclosed in an application, 
notice or request referred to in this Act. 
(3) A relevant person may disclose records or information referred to in subsection (2) 
that he or she has obtained as specified in that subsection if— 
(a) a court, or any officer having the power to order discovery in legal proceedings, 
cer
tifies that such disclosure is desirable in the interests of justice and ought to be 
allowed, or 
(b) the disclosure is— 
(i)	­made to another relevant person, and 
(ii)	­reasonably necessary for the purposes of this Act. 
(4) Nothing	­ in this section shall prevent the due disclosure to the Revenue 
Com
missioners or an officer of the Revenue Commissioners of records or information 
referred to in subsection (2) for the purposes of making a determination in relation to 
any tax, tax refund or tax credit under the Taxes Consolidation Act 1997. 
(5) A relevant person who contravenes subsection (2) shall be guilty of an offence and 
shal
l be liable— 
(a) on	­summary conviction, to a class A fine or imprisonment for a term not 
exc
eeding 6 months or both, or 
(b) on conviction on indictment, to a fine not exceeding €50,000 or imprisonment for a te
rm not exceeding 3 years or both. 
(6) In this section, “relevant person” means— 
(a) the Controller, 
(b) an officer of the Controller (including any trainee, temporary worker, intern or pers
on on work experience), 
(c) an adviser or consultant to the Controller or a member of the staff of such adviser or cons
ultant (including any trainee, temporary worker, intern or person on work 
experience), 
(d) a person engaged under a contract for services by the Controller or a member of 
the s
taff of such person (including any trainee, temporary worker, intern or 
person on work experience), or 
(e) a person who was formerly a person who fell within paragraph (a) , (b), (c) or (d). 
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          [2017.]	­ Knowledge Development Box [No. 6. ] PT.4 
(Certification of Inventions) Act 2017. 
KD
B report 
18. (1) In this section, “KDB report” means the report required to be made under subsection 
(1) of section 103 of the Patents Act 1992 in so far as this Act is an enactment which 
falls within paragraph (b) of that subsection. 
(2) The KDB report shall include statistical information in a form, and regarding such 
mat
ters, as the Minister may direct. 
(3) The Minister may seek the introduction of appropriate categories or sectoral headings in r
espect of applications and request information from the Controller as to the 
proportion of applications under each heading. 
(4) The	­ KDB report shall not disclose details of any invention the subject of an 
appl
ication. 
(5) The KDB report shall specify— 
(a) the number of applications received by the Controller during the year to which the r
eport relates, 
(b) the number of applications deemed to be withdrawn under section 8(2) , and the 
number of applications withdrawn under section 10, by applicants during that 
year, 
(c) the number of applications during that year in respect of which the Controller 
iss
ued a KDB certificate, 
(d) the number of applications during that year in respect of which the Controller ref
used to issue a KDB certificate, 
(e) the number of refusals to issue a KDB certificate that were subject to a review durin
g that year, 
(f) the	­ number of reviews carried out during that year that resulted in the 
con
firmation of the decision to refuse to issue a KDB certificate, 
(g) the number of reviews carried out during that year that resulted in the issue of a KDB 
certificate, and 
(h) such other statistical information as may be prescribed. 
Indemnity 
19.	� No action for damages or other proceedings shall lie or be maintainable against the 
Cont
roller or an officer of the Controller for anything done, anything purported to be 
done or anything omitted to be done by him or her in performing a function under this Act, unless the act or omission is shown to have been in bad faith. 
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PA
RT 5 
MISCELLANEOUS 
Forgery of documents 
20.	� (1) A person who forges, or utters knowing it to be forged, a notice, certificate or other 
docu m
ent purporting to be given, issued or granted under this Act (in this section 
referred to as a “forged document”) shall be guilty of an offence. 
(2) A person who alters with intent to defraud or deceive, or utters knowing it to be so 
alt
ered, a notice, certificate or other document given, issued or granted under this Act 
(in this section referred to as an “altered document”) shall be guilty of an offence. 
(3) A person	­ who, w ithout lawful authority, has in his or her possession a forged 
document or an altered document shall be guilty of an offence. 
(4) A person guilty of an offence under this section shall be liable— 
(a) on	­summary conviction, to a class A fine or imprisonment for a term not 
exc
eeding 6 months or both, or 
(b) on conviction on indictment, to a fine not exceeding €50,000 or imprisonment for a te
rm not exceeding 3 years or both. 
Rules 
21.	� (1) The Minister may by rules provide for any matter referred to in this Act as prescribed 
or to 
be prescribed but shall not prescribe a fee except— 
(a) for the purposes of defraying the cost of the determination of an application or 
the c
arrying out of a review, as the case may be, and 
(b)	­ with the consent of the Minister for Public Expenditure and Reform. 
(2) Without prejudice to any provision of this Act, rules made under this section may 
conta
in such incidental, supplementary and consequential provisions as appear to the 
Minister to be necessary or expedient for the purposes of the rules. 
(3) Every rule made by the Minister under this section shall be laid before each House of 
the O
ireachtas as soon as may be after it is made and, if a resolution annulling the rule 
is passed by either such House within the next 21 days on which that House sits after the rule is laid before it, the rule shall be annulled accordingly, but without prejudice 
to the validity of anything previously done thereunder. 
(4) Without	­ prejudice to subs
 ections (1) and (2), the Controller may adopt such 
proce
dures for giving effect to this Act as appear to him or her to be appropriate. 
Liability for offences by body corporate 
22.	� Where an offence under this Act is committed by a body corporate and is proved to have 
been 
so committed with the consent or connivance of any person, being a director, 
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m
anager, secretary or other officer of the body corporate, or a person who was purporting 
to a
ct in such capacity, that person shall, as well as the body corporate, be guilty of an 
offence and shall be liable to be proceeded against and punished as if he or she were 
guilty of the first-mentioned offence. 
Fees 
23.	� All fees paid to the Controller pursuant to this Act shall be paid into or disposed of for 
the be
nefit of the Exchequer in such manner as the Minister for Public Expenditure and 
Reform may direct. 
Forms 
24.	� (1) Subject to sections 7(2) and (3), 12(2) and 14(2) , the Controller may specify the form 
of any documents required for the purposes of this Act as he or she thinks fit. 
(2) The Controller’s power under subsection (1) may be exercised in such a way as to— 
(a) include in the specified form of any document a statutory declaration— 
(i) to be made by the person completing the form, and 
(ii)	­as to whether the particulars contained in the form are true and correct to the 
best 
of that person’s knowledge and belief, 
and 
(b) specify 2 or more forms of any document referred to in that subsection, whether 
as a
lternatives, or to provide for particular circumstances or particular cases, as 
the Controller thinks fit. 
(3) The form of a document specified under this section shall be— 
(a) completed in accordance with such directions and instructions as are specified in the do
cument, 
(b) accompanied by such other documents as are specified in the document, and 
(c) if the completed document is required to be provided to— 
(i) the Controller, 
(ii)	­another person on behalf of the Controller, or 
(iii) any other person,
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so pr
ovided in the manner (if any) specified in the document.
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PA
RT 6 
AMENDMENT OF PA TENTS ACT 1992 
Definition 
25.	� In this Part, “Act of 1992” means the Patents Act 1992. 
Application 26.	� If an application for a patent is made under the Act of 1992 before the commencement of 
this 
Part but is not determined before that commencement, that Act, as in force 
immediately before that commencement, shall continue to apply to that application until the application is determined. 
Amendment of section 29 of Act of 1992 
27.	� Section 29 of the Act of 1992 is amended— 
(a) in subsection (1), by the substitution of “(in this section referred as the ‘section 
29 fe
e’), cause a report incorporating a written opinion as to patentability to be 
prepared in relation to the invention (in this section and section 30 referred to as the ‘section 29 report and opinion’). Rules made under this Act may specify who 
shall prepare the section 29 report and opinion (including any part thereof) and 
the scope thereof.” for “(‘the search fee’) cause a search to be undertaken in 
relation to the invention and a report (a ‘search report’) of the results of the 
search to be prepared. The rules may specify by whom the search report shall be 
prepared and the scope thereof.”, 
(b) by the substitution of the following subsection for subsection (2): 
“(2) If it appears, in the course of the preparation of the section 29 report 
and op 
inion, that an application discloses more than one invention, the 
section 29 report and opinion shall be prepared in relation only to the 
first invention specified in the claims. A further section 29 report and 
opinion may be prepared in relation to any additional invention if the 
applicant, within the time allowed by the Controller for the purpose, 
submits a request to that effect accompanied by the section 29 fee.”, 
(c) in subsection (3), by the substitution of	­ “se ction 29 report and opinion” for 
“search report”, 
(d) by the substitution of the following subsection for subsection (4): 
“(4) If the application is not withdrawn, the Controller shall allow the 
appl
icant an opportunity to amend the application in light of the 
section 29 reports and opinions. Any amendments shall be submitted 
within the prescribed period. If the applicant fails, before the expiry of 
the prescribed period, to submit either amendments to the application, 
or a statement setting out the applicant’s reasons why the applicant 
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con
siders that no such amendments are necessary, the application may, 
subj
ect to section 90, be refused by the Controller. An application to 
which subsection (2) applies shall be amended so as to confine it to 
one invention only.”, 
and 
(e) by the insertion of the following subsection after subsection (4): 
“(5) If the applicant, in pursuance of subsection (4), submits amendments 
or a s
tatement referred to in that subsection within the prescribed 
period, the Controller shall cause a substantive examination of the application to be carried out. Such substantive examination shall have 
regard to the application as originally filed together with any 
amendments or statement furnished under subsection (4) and shall 
investigate if the application complies with the requirements of this 
Act and of rules made under this Act.”. 
Amendment of section 30 of Act of 1992 
28. Section 30 of the Act of 1992 is amended— 
(a) in subsection (1), by the substitution of the following paragraph for paragraph 
(a)
: 
“(a) the results of the equivalent (or, taken together, the equivalents), in 
that 
prescribed foreign state or under the provisions of that 
prescribed convention or treaty (as the case may be), to a section 29 report and opinion prepared in respect of such application, or”, 
(b) by the substitution of the following subsections for subsections (4) and (5): 
“(4) Where the evidence submitted is that referred to in subsection (1)(a) or 
(b), 
the Controller shall, unless the application is withdrawn, allow the 
applicant an opportunity to amend the application in the light of that 
evidence. The applicant shall in particular submit such amendments as 
are required to the specification so that the subject-matter claimed 
therein does not extend beyond that of the evidence. Any amendments 
shall be submitted within the prescribed period. If the applicant fails, 
before the expiry of the prescribed period, to submit either 
amendments to the application, or a statement setting out the 
applicant’s reasons why the applicant considers that no such 
amendments are necessary, the application may, subject to section 90, 
be refused by the Controller. 
(5) If the applicant, in pursuance of subsection (4), submits amendments or a s 
tatement referred to in that subsection within the prescribed 
period, the Controller shall cause a substantive examination of the application to be carried out. Such substantive examination shall have 
regard to the application as originally filed together with the evidence 
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(Certification of Inventions) Act 2017. 
fur
nished under subsection (1) and any amendments or statement 
furni
shed under subsection (4) and shall investigate if the application 
complies with the requirements of this Act and of rules made under 
this Act.”, 
and 
(c) by the deletion of subsection (6). 
Observations by third party on patentability 
29. The Act of 1992 is amended by the insertion of the following section after section 30: 
“30A. (1) Where an application for a patent has been published but a patent has 
not be
en granted to the applicant, any other person may make 
observations in writing to the Controller on the question of whether 
the invention is a patentable invention, stating reasons for the 
observations, and the Controller shall consider the observations in 
accordance with rules made under this Act. 
(2) A person who makes observations under this section does not, by rea
son only of those observations, become a party to any proceedings 
under this Act.”. 
Amendment of section 31 of Act of 1992 
30. Section 31 of the Act of 1992 is amended— 
(a) in subsection (1)— 
(i) by	­the insertion of “, following the substantive examination and 
in
vestigation carried out in pursuance of section 29(5) or 30(5),” after “If it 
appears to the Controller”, and 
(ii) by the substitution of “and in particular” for “other than”, 
and 
(b) by the substitution of the following subsection for subsection (2): 
“(2) If the Controller finds that the application as originally filed or as 
ame
nded in accordance with subsection (1) complies with the 
requirements of this Act and of rules made under this Act, the 
Controller shall grant the patent.”. 
Annual report 
31. The Act of 1992 is amended by the substitution of the following section for section 103: 
“103. (1) Subject to subsections (2) to (4), the Controller shall, as soon as 
prac
ticable but, in any case, not later than 5 months after the end of 
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ea
ch year, make a report in writing to the Minister of the Controller’s 
act
ivities under— 
(a) this Act, and 
(b)	­each other enactment for the administration of which the Controller 
is r
esponsible. 
(2) The report shall include, in respect of the year to which it relates, part
iculars of all rules made in that year under or for the purposes of 
this Act or other enactment referred to in subsection (1)(b) and an account of all fees, salaries and allowances, and other money, received 
and paid under this Act or such other enactment. 
(3) The Minister shall ensure that a copy of the report is laid before each Hous
e of the Oireachtas not later than 6 months after the end of the 
year to which the report relates. 
(4) Nothing in this section shall be construed as requiring the Controller 
to i
nclude in the report information the inclusion of which would, in 
the opinion of the Controller, be likely to prejudice the performance of the Controller’s functions under this Act or other enactment referred to 
in subsection (1)(b).”. 
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