Providing cross border services as a Patent Agent
This information may be of assistance to Patent Agents established in another EU country, who wish to provide services as a Patent Agent in Ireland.
Competent Authority
The Intellectual Property Office of Ireland is the official Irish government body responsible for intellectual property (IP) rights including patents, designs, trade marks and copyright.
Patent Agents from other EEA states
Section 106 (3A) of the Patents Act 1992 provides that a person established in a Member State of the European Community and entitled under the law of that state to act as a Patent Agent may carry on the business of acting as a Patent Agent for others in connection with the registration of a patent or any procedure relating to a patent. The Controller of the Intellectual Property Office of Ireland is the Competent Authority for receipt of notifications by trade mark agents established in another EU member State who wish to provide services in Ireland.
Information on the notification procedure required including fees & documents
On or before the first occasion on which a person acts on behalf of another before the Controller in connection with a patent or any procedure relating to a patent or the obtaining thereof, the person must notify the Controller and provide to the Controller evidence relating to –
- the person’s being established in another Member State of the European Community,
evidence of establishment in another member state can be: an entry in a relevant register (companies register, commercial register, listing in a directory of a professional body) specifying the location of the person’s registered office, central administration or principal place of business or other proof of its location in a member state of the European Community; - the person’s being qualified under the law of that state to act as a patent agent in that state, evidence of qualification can be a copy of a diploma or certificate, or other evidence of formal qualifications, awarded by the competent authority of the Member State concerned which indicates that the person is qualified to act as a patent agent in that state;
- in the case of an individual, a national of a Member State of the European Community, the nationality of the person- a copy of a passport, national identity card or other proof of nationality;
- in the case of a person which is a company or firm formed in accordance with the law of a Member State of the European Community - a copy of a certificate of incorporation, an entry in a relevant register (companies register, commercial register, listing in a directory of a professional body) or other proof of the possession of the required legal personality in a member state of the European Community.
If any document furnished in compliance with the foregoing requirements is in a language other than English, then a certified translation into English must also be furnished.
Completing the notification procedure online
The Intellectual Property Office of Ireland will accept notifications and accompanying evidentiary documents which are sent by means of post or e-mail. Communication by Email is preferred and will allow quicker completion of all formalities.
Notifications and attachments in pdf format should be sent to the following Email address: regadmin@ipoi.gov.ie
Response time frame by the Irish Patents Office
Enquiries from EC based agents will be acknowledged within 2 working days of receipt and the acknowledgement will include information on the procedures to be followed and the documentation to be submitted.
Within 3 working days of receipt of a notification accompanied by all the correct documentation, the agent will be sent confirmation that he or she may act before the Controller.
Within 3 working days of receipt of a notification accompanied by incomplete or incorrect documentation, the agent will be sent a request to furnish additional documentation.
Within 3 working days of receipt of all the correct documentation in respect of a previously incomplete notification, the agent will be sent confirmation that he or she may act before the Controller.
Relevant legislation applicable
The notification requirements for EU established Patent Agents intending on providing services in Ireland, are set out in the following Irish legislation.
European Communities (Patent Agents) Regulations 2006 (S.I. No 141 of 2006)
Patents (Amendment) Rules 2006 (S.I. No 142 of 2006)
Contact details
Intellectual Property Office of Ireland,
Government Offices,
Hebron Road,
Kilkenny,
R95 H4XC
+353 56 772 0111
The above is for general information purposes only. All further queries regarding this information should be directed to The Intellectual Property Office of Ireland.