First Previous (PART VIII Proceedings Before the Controller or the Court) Next (PART X Patent Agents)

1 1992

PATENTS ACT, 1992

PART IX

The Controller: Supplementary Provisions

Appointment of Controller.

97. —(1) (a) The Government shall appoint as occasion arises a fit person to the office of Controller who shall hold office on such terms and conditions as the Government shall, at the time the appointment is made, determine.

(b) The person holding the office of Controller immediately before the commencement of this section shall continue to hold that office on the same terms and conditions, including conditions as to superannuation or other allowance or gratuity, as those on which he held the office theretofore.

(2) The Controller shall receive such remuneration as the Minister for Finance shall determine.

(3) The Controller shall be a civil servant in the Civil Service of the State.

(4) Whenever the Controller is temporarily unable to attend to his duties or his office is vacant, the Minister may appoint a person to perform the duties of the Controller during such inability or vacancy, and every person so appointed shall for as long as the appointment remains in force have all the powers of the Controller under this Act and as otherwise determined by law and shall receive such remuneration as the Minister shall, with the sanction of the Minister for Finance, direct.

(5) The Controller may authorize any of his officers to exercise any of his functions under this Act or any other enactment and any such function shall, when exercised for the purpose of such enactment, be deemed to have been exercised by the Controller.

(6) An authorization under subsection (5)

(a) may be made subject to such directions as the Controller may specify,

(b) shall, while in force, not prevent the discharge by the Controller of the functions thereby delegated, and

(c) may at any time be modified or revoked by the Controller.

Appointment of officers of Controller.

98. —(1) The officers of the Controller shall be appointed by the Minister and there shall be such number of officers as the Minister, with the sanction of the Minister for Finance, may consider necessary and those persons shall hold office upon such terms and be remunerated at such rates and in such manner as the Minister for Finance may sanction.

(2) The salaries or remuneration of the Controller and his officers and such other expenses of carrying this Act into effect as may be sanctioned by the Minister for Finance shall be paid out of moneys provided by the Oireachtas.

(3) Persons who immediately before the commencement of this section were officers of the Controller shall continue to hold office under this Act on the same terms and conditions (subject to the provisions of this Act) as theretofore.

Fees.

99. —(1) There shall be charged by the Controller and paid in respect of matters relating to applications for and the grant and renewal of patents or other matters determined by law as coming within the functions of the Controller, such fees as may from time to time be prescribed by the Minister with the sanction of the Minister for Finance.

(2) All fees charged by the Controller under this section shall be collected and accounted for in such manner as shall be determined by the Minister with the consent of the Minister for Finance.

(3) The Public Offices Fees Act, 1879, shall not apply in respect of any fees payable under this section.

Official Journal and publication of information.

100. —(1) The Controller shall issue periodically a journal to be known as the Patents Office Journal (which is referred to in this Act as “the Journal”) in which he shall include all matters which he is directed by this Act or otherwise by law to publish in the Journal and also such matters and information as appear to him to be useful or important in relation to patents or applications for patents and other matters for which he is responsible under this Act or otherwise by law and references in any enactment to the Official Journal of Industrial and Commercial Property shall each be construed as including a reference to the Journal.

(2) The Controller may prepare for publication and publish such matters, records and information as appear to him to be useful or important in relation to inventions, designs, patents, trade marks, copyright and patent and trade mark applications whether the matters, records or information originate within the State or elsewhere.

(3) The Controller shall make provision for the sale of copies of all documents which he is, by law, directed to issue or publish and may make such provision as he deems expedient for the sale of copies of other documents, information or records which he is by law authorized to publish.

Certain reports to be privileged.

101. —Except as provided by this Act or as prescribed by the Minister, reports of the Controller and officers of the Controller made under this Act or under any other enactment for the administration of which the Controller is responsible shall not be published or be open to public inspection and shall not be liable to production or inspection in any legal proceedings unless the Court or any officer having power to order discovery in such proceedings certifies that such production or inspection is desirable in the interests of justice and ought to be allowed.

Controller may apply to Attorney General for advice.

102. —The Controller may, in any case of doubt or difficulty arising in the administration of any of the provisions of this Act or of any other enactment for the administration of which he is responsible, apply to the Attorney General for advice in the matter.

Annual report.

103. —The Controller shall prepare a report in respect of each year ending 31st December respecting the execution by or under him of this Act and of any other enactment for the administration of which he is responsible and he shall cause the report to be laid before each House of the Oireachtas within 6 months following the end of the year to which it relates. The report shall include, in respect of the year to which it relates, particulars of all rules made in that year under or for the purposes of the said Act or enactments and an account of all fees, salaries and allowances, and other money received and paid under the Act or enactments.

Hours of business and excluded days.

104. —(1) Rules made by the Minister under section 114 may specify the hour at which the Office shall be deemed to be closed on any day for the purpose of the transaction by the public of business under this Act or such other business as may by law be made a function of the Controller or of any class of such business, and may specify days as excluded days for any such purposes.

(2) Any business done under this Act on any day after the hour specified as aforesaid or on a day which is an excluded day, in relation to business of that class, shall be deemed to have been done on the next following day not being an excluded day; and where the time for doing anything under this Act expires on an excluded day, the time shall be extended to the next following day not being an excluded day.