Minimum Requirements for a Filing Date

It is possible to secure a filing date without a fully completed patent application, as long as each of the following is submitted:

1.  An indication that a patent is sought

2.  Information identifying the applicant

3.  A description  of the invention

The requirements at 1. and 2. above can be satisfied by completing Form No. 1

Every application must be accompanied by the prescribed filing fee of €125 for a full-term patent or €60 for a short-term patent.  The prescribed filing fee must be paid within one month from the date of filing. 

If a patent application does not comply with a requirement of the Act or the Rules, the applicant is given an opportunity to meet that requirement within certain time limits e.g. a period of 12 months from the date of filing (or if priority has been claimed, from the date of priority) is prescribed for the filing of the claims and abstract.

The consequence of non-compliance with time limits is that the application may be refused or deemed withdrawn. Please note certain time limits are absolute.