{"id":1386,"date":"2026-10-11T17:54:39","date_gmt":"2026-10-11T17:54:39","guid":{"rendered":"https:\/\/blog.franke-ip.com\/en\/?p=1386"},"modified":"2026-10-11T18:44:46","modified_gmt":"2026-10-11T18:44:46","slug":"patent-protection-in-ireland-the-short-term-patent-the-evidence-of-novelty-trap-and-a-back-door-for-pct-applications","status":"publish","type":"post","link":"https:\/\/blog.franke-ip.com\/en\/patent-protection-in-ireland-the-short-term-patent-the-evidence-of-novelty-trap-and-a-back-door-for-pct-applications\/","title":{"rendered":"Patent Protection in Ireland: The Short-Term Patent, the Evidence-of-Novelty Trap, and a Back Door for PCT Applications"},"content":{"rendered":"
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Ireland has no utility model. Instead, it offers two national patents side by side: a full-term patent with a maximum term of 20 years and a short-term patent with a maximum term of 10 years. The short-term patent is granted without search or substantive examination. Full-term applications filed after May 19, 2017 are examined substantively again, but with a twist: the applicant must actively supply \u201cevidence of novelty\u201d.<\/p>\n\n\n\n

Interest in the Irish national route is growing. According to the IPOI Annual Report 2024<\/a>, national patent filings rose by more than 31 % to 774 applications, mainly because of applicants from China. Of these, 642 were short-term and only 132 full-term applications. Over the same period, pending applications rose by 62 % to 1,260.<\/p>\n\n\n\n

This article summarises the particularities of the Irish grant procedure, the official fees, the realistic duration and the alternatives via the European patent and the PCT.<\/p>\n\n\n\n

Two Types of Patent: Full-Term and Short-Term<\/h2>\n\n\n\n

The choice between the two types decides the term, the claim set, the examination and the court in which the patent can later be enforced (IPOI: Types of Patents<\/a>).<\/p>\n\n\n\n

<\/th>Full-term patent<\/th>Short-term patent<\/th><\/tr><\/thead>
Maximum term<\/td>20 years<\/td>10 years<\/td><\/tr>
Number of claims<\/td>No limit<\/td>Max. 5 claims<\/td><\/tr>
Patentability<\/td>Novelty, inventive step, industrial applicability<\/td>Novelty, industrial applicability, \u201cnot clearly lacking an inventive step\u201d<\/td><\/tr>
Search before grant<\/td>Evidence of novelty required<\/td>Not required<\/td><\/tr>
Substantive examination<\/td>Yes (applications filed after 19 May 2017)<\/td>No<\/td><\/tr>
Official fees<\/td>Full rate<\/td>50 % of the full-term filing, grant and renewal fees<\/td><\/tr>
Infringement proceedings<\/td>High Court<\/td>Circuit Court or High Court<\/td><\/tr><\/tbody><\/table><\/figure>\n\n\n\n

The short-term patent comes close to a utility model, but with one important catch. Before suing an infringer, the proprietor must either request a search report from the Controller or, where a foreign search report exists, supply copies to the Controller and to the alleged infringer. The Controller publishes these reports. A third party with a legitimate business interest may also request a search report on a short-term patent.<\/p>\n\n\n\n

Both types can be filed for the same invention. However, the short-term patent becomes void once the full-term patent is granted. A short-term patent can therefore bridge the period until a full-term patent is granted, but it does not add a second layer of protection.<\/p>\n\n\n\n

The Full-Term Patent: Evidence of Novelty Within 21 Months<\/h2>\n\n\n\n

The full-term patent is not searched automatically. Within 21 months from the filing date or, if priority is claimed, from the priority date, the applicant must take one of two routes (IPOI: Search Report \/ Evidence of Novelty<\/a>). If neither is chosen in time, the application is refused.<\/p>\n\n\n\n