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- SOUTH AFRICA
COUNTRY : ROMANIA
CAPITAL : BUCHAREST
LANGUAGE : ROMANIAN
The IP office of Romania is known as OSIM (State Office for Inventions and Trademarks).
Protection to Inventions is provided at a two tier level in Romania:
- THROUGH NATIONAL REGISTRATION. Direct Filing with the National Patent & Trademark office
- THROUGH EUROPEAN PATENT CONVENTION.
Kindly refer our guide on European Patent Convention procedures.
INTERNATIONAL TREATIES TO WHICH ROMANIA IS SIGNATORY
(i) Paris Convention for the protection of industrial property
(ii) Patent Co-operation Treaty “PCT”.
(iii) Agreement on Trade Related Aspects of Intellectual Property Rights “TRIPS”.
(iv) European Directive in the field of biotechnological inventions.
(v) European Patent Convention.
(vi) Patent Law Treaty “PLT”.
PATENT LEGISLATION IN ROMANIA:
IP LAW OF ROMANIA
The Romanian justice system is based on French, Belgian, Italian & German models.
Patents in Romania are governed by: Law 64 / 91 on patents for inventions entered into force on 21st January 1992.
Patents are granted by the Romanian Intellectual Property Office.
BASICS REGARDING PATENTABILITY OF INVENTIONS IN ROMANIA:
Inventions may relate to products, processes or industrial applications. Patents are therefore granted to inventions that:
- Are New or Novel
- Involve an inventive step
- Comprise of a process or an Industrial application of the invention.
For an Invention to be patentable, it should contain the following:
(i). Novelty: An invention is considered new or novel if it is not included in the state of the art. State of the art consists of all the information available and accessible to the public prior to the date of filing for the patent application nationally or internationally by means of its description, use or any other method by which it may be known or utilised by experts in the field.
(ii). Inventive Step: is, given the prevailing state of the art, it is not obvious to an expert in that field. An invention is considered “obvious” when it is within the grasp of a skilled person in that field of expertise & therefore to be expected from him.
(iii). Industrial Application: of the invention would be “when the object of the invention may be produced, manufactured or used in any kind of industry including agriculture”.
INVENTIONS NOT PATENTABLE IN ROMANIA:
Inventions pertaining to the following:
- Discoveries, Scientific Theories & Mathematical methods.
- Aesthetic creations.
- Substances already existing in nature and nuclear materials.
- Schemes, Rules, Methods for performing mental acts, playing games, doing business as well as Presentation of Information.
- Programmes for Computers. • Inventions contrary to public order & morals.
- Methods of treatment by surgery or therapy on humans and animals.
- Inventions harmful to the environment, health, life of humans, animals, plants.
- Plants and animals, essential biological processes for the production of animals, plants.
- Inventions involving human body in various stages of formation and development.
- Prejudicial to the Interests or Security of the Nation.
PartityPatents Law Firms through its associates in Romania is at hand to help you with patent registration and prosecution.
FILING REQUIREMENTS OF PATENTS IN ROMANIA:
(i). Name & Address of the applicant.
(ii). Name & Address of the Inventor.
(iii). Specification comprising a description claims & drawings if any.
(iv). Priority Data if any.
(v). State of incorporation / nationality of the Applicant.
(vi). Abstract of the Invention.
(vii). Indications serving to identify the identity of the inventor(s) as well as the Solicitor.
(viii) Request for examination of the patent.
(ix). If the patent application relates to a micro-organism or a process in which a micro-organism is used, it is necessary to include a certificate of deposit of the micro-organism with an officially recognised national depositary institution designated by the Government.
EXAMINATION OF THE PATENT APPLICATION IN ROMANIA:
- Once the patent application is filed, the application is scrutinised for defence & security aspects.
- Upon receipt, the patent application is examined for compliance requirements. • Any deficiencies are to be rectified by the applicant within stipulated period of time else, application deemed abandoned.
- Search report is drawn up and patent application is published to which interested parties may file opposition.
- Patent application is substantively examined.
- In the event no objections / opposition forthcoming, application is registered and patent granted.
Post Patent grant by the European Patent Office (EPO), Patent needs to be validated in the member country as designated on the Patent application.
Patent Validation comprises of certain formalities and requirements per national laws of the designated country.
Parity Patent Attorneys and Associate Law Firms in Romania are at hand to help and assist you with Patent Validation.
RIGHTS OF THE PATENTEE IN ROMANIA:
TERM AND KINDS OF PATENTS GRANTED IN ROMANIA:
- Patents with a term of 20 yrs.
- Utility Inventions with a term of 6 yrs
- Patents confer on its holders and successors an exclusive right to work the invention.
- Patentee may authorise such uses of the patent through a contractual agreement with interested parties as to import, rent out, deliver or sell the product patent .
- Patentee may authorise the working of the patent either by a manufacturer or by an importer.
- Patentee may even assign, lease or licence the patent.
- Patentee is entitled to take legal action against infringers.
- Patentee is entitled to retain moral right over the invention as ˜the author of the invention”.
COMPULSORY LICENCES OF PATENTS IN ROMANIA:
The exclusive rights of the patentee over the patent are subject to certain limitations which are known as compulsory licenses. These are authorisations given by governmental authorities, independently of the will of the owners.
Compulsory licenses are granted on the following grounds:
(i) Lack of insufficient exploitation of the patented invention. The patentee is to exploit the invention either directly or by a person authorised by him satisfying the market needs within 3 yrs. but not after 4 yrs. from the date of filing of the patent;
(ii) The granted patent relates to the interest of national defense or State security.
(iii) Owing to dependency between patents, which means, it would be impossible to work the patent without infringing the rights of the patentee of a prior invention.
(iv) Owing to public interest where the patented invention would be needed to be used towards public health or safety or when the lack or insufficient use of the patented invention inflicts serious damage to the country’s economic or technological process.
(v) Abuses which might result from the exercise of the exclusive rights conferred by the patent.
ParityPatents along with specialised Patent Lawyers and Patent Attorneys in Romania, can assist you comprehensively with Compulsory Licence matters.