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Patents
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FILING REQUIREMENTS:
- Specification in foreign language: compulsory at filing;
- Drawings A4 Grace period: 3 months;
- Abstract: Grace period: 3 months;
- Power simply signed by applicant. Grace period: 3 months. No charge for late filing.
- Priority Document (if any) & English translation thereof signed by the translator in original. Grace period: 3 months.
- Declaration (Authorization) simply signed by inventors. Grace period: 3 months. No charge for late filing.
Additional documents for PCT applications:
- PCT Request (copy);
- International Publication (copy) – compulsory at filing;
- International Search Report;
- Amendments under art. 19, if any;
- International Preliminary Examination Report;
- Romanian translation of the amended claims, if applicable – Grace period: 3 months. No charge for late filing;
- Romanian translation of the new title of the invention (if modified by the International Searching Authority)
TIME TO GRANT: between 2 and 4 years
GENERAL PROCEDURE:
1. Filing Patent Application;
1.1. For National Applications the deadline term for filing is 12 months as from the priority date.
1.2. For PCT Applications the deadline term for filing is 30 months as from the priority date if International Preliminary Examination was requested.
1.3. For PCT Applications the deadline term for filing is 20 months as from the priority date if International Preliminary Examination was not requested.
2. Requesting Examination:
2.1. Examination can be requested upon filing.
2.2. Examination can be requested up to 30 months as from the filing date and starts as from the date of paying of the Examination Fees. The application is provisionally
published in the Official Bulletin for Industrial Property at 18 months as from the filing date.
3. Preliminary Examination: during preliminary examination it is established that the conditions provided by the Romanian Patent Law for the deposit of a patent
application are fulfilled.
4. Substantive Examination: during substantive examination it is established if the application fulfills the legal conditions for grant.
5. Redrafting of the specification: after receiving the Examiner’s approval concerning the form of the disclosure, claims and title the specification is redrafted to bring it
into line with Romanian Standards and put it in the form to be printed in view of grant.
6. Granting: It follows that the application to be forwarded to the Invention Commission where if nothing intervenes, a Patent is expected to be granted.
7. Publication, printing of the specification and delivery of the Letters Patent: The mention of grant of the patent will be published in BOPI provided that the fees for
publication, printing and issuance are paid within 4 months as from the date of the communication of this mention. Should the applicant fail to pay these fees in due time
the patent application shall be considered as withdrawn and the patent as not being granted. Provided that the publication, printing and issuance fees are paid, the
accumulated annuities are to be paid within 12 months as from the date of the publication of the mention of the grant in BOPI.
8. Maintaining the patent in force for 20 years by paying the corresponding annual maintenance fees.
Patent Law
Power of Attorney
Inventors' Declaration
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romana