Ireland-EPO agreement ‘beneficial’ for IP innovation and protection

Karen Gallagher, intellectual property expert at Pinsent Masons, was commenting following the launch of a new working agreement which enables the EPO to conduct patent searches and provide written opinions on Irish national patent applications.

The agreement is designed to enhance the quality and accessibility of patent services in Ireland. It allows the IPOI to request the EPO’s expertise in examining national patent applications, offering applicants a comprehensive search report and written opinion on the patentability of their inventions.

The initiative is particularly focused on supporting micro-entities, including startups, academic instructions and individual inventors. To this end, the agreement includes a substantial 80% reduction in search fees for qualifying applicants.

Gallagher said: “The working agreement provides a number of advantages for Irish businesses, such as access to high quality search reports and reduced fees for smaller companies, individuals and universities. The signing of the agreement aligns with the Irish government’s efforts to foster innovation and IP protection, by providing easier access to the patent system for Irish inventors.”

Ireland becomes the 19th contracting state to enter into such a working agreement with the EPO, joining a growing network of countries benefiting from the EPO’s search capabilities. The move is expected to streamline the patenting process in Ireland, improve the quality of patent applications, and enhance the competitiveness of Irish innovations on a global stage.

The agreement is also accompanied by an administrative framework that aims to ensure smooth implementation and ongoing support for applicants. This includes guidance for micro-entities and research centres on how to access the fee reductions and make the most of the EPO’s services.

The move comes amid Ireland’s potential accession, pending a national referendum, to the Unified Patent Court (UPC). The court, which became operational in 2023, offers a streamlined litigation system and a single patent enforceable across participating EU states.

“The development is no doubt a step in the right direction, but many Irish innovators will still be waiting for news on the proposed UPC referendum, so they can also avail of the benefits that full membership of the unified patent system can offer,” said Gallagher.