3 copies of the "Patent Application" (cbi) form filled in according to the guidelines on its last page, while observing Art.13 of Patent Law no.64 /1991, as republished in 2007 and 2014, as well as Art. 13 of its Implementing Regulations shall be filed directly to OSIM headquarters, or sent to OSIM by mail (registered or a priori-post),. The filling-in of the form will be done in Romanian, by typing or printing on the computer (in special cases it can be done by hand). For the standard "Patent Application" form, you must access the link.
The applicant may be a legal person or a natural person, in the first case it is necessary to add to the position the clear name of the head of the company, his signature and the stamp. If the head of the company is one of the inventors he cannot sign for that company, being required the signature of a deputy, an associate or the chief accountant.
Foreign applicants can fileapplications only by designating an industrial property attorney, through a power of attorney, according to Art. 37 (2) of Law 64/1991 with subsequent amendments.
For the cases in which the inventors are employees of a legal person of private or public law, the right over the patent will be granted in accordance with the provisions of Law 83/2014 on Employees’ inventions.
2. REQUIREMENTS CONCERNING THE FORM OF THE TECHNICAL DOCUMENTATION
(See Art.!4 of the Law and 16-21 of the Implementing Regulations)
A patent shall be granted for any invention having as a subject-matter a product or a process, in all technological fields, provided that it is new, involves an inventive step and is susceptible of industrial application.
The three standard forms of c.b.i. must be accompanied by the technical documentation, also in 3 copies, typed or printed on a computer, in A4 format, white paper, written on one side of the sheet and comprising the following distinct materials: description of the invention (according to Art. 16 and Art. 17 of the Implementing Regulations), the claims (Art. 18), the explanatory drawings (if applicable, Art. 19) and the abstract of the invention (Art. 21).
Each of the 4 parts will be started on a new tab, as a separate material, but all 4 of these documents (or 3 if there are no drawings) will be numbered in italics, from the first page of the description to the abstract tab, at the page bottom, in the middle. Written parts should have 2.5 cm clear spaces on all sides, about 30 lines per page and the font size of the letter 12 (or as they usually come out of the typewriter). The titles (of the invention, of the claims and of the abstract) will be written in capital letters in bold and centered in the middle of the page. Free text and paragraph numbering are not allowed in the texts, but only their tabulation.
Drawings - where applicable – shall be made on white paper or tracing paper, only in A4 format, only in ink or black ink, with views, sections, magnifiers or diagrams (kinematic, hydraulic, electrical or block, as appropriate) according to the technical drawing standards in force in the respective field and in a sufficient number of representations for a better understanding of the solution. Drawing pages should have no border, no standard indicator, no list of positions. Also, the drawings shall not include dimensions written thereon and there should be no other verbal notations, except for the numbers of the figures (placed below each of the projections and in the middle of them) and the positions that must coincide with the part numbers in the written documentation.
Each of the three sets (which contain: the description of the invention, the claims, the explanatory drawings and the abstract, in exactly this order) will be stapled to the top left of the tabs. One of the three sets of technical documentation above must be signed by you (in the case of companies, by one of the people in charge, and then stamped, and in the case of the inventors who are at the same time applicants, by the whole team) on each tab, bottom right. This will be the original copy. As far as the state of the art is known, you can also submit a bibliographic file with reference to a patent or a technical work on the subject.
We suggest you read Art. 44 of the Implementing Regulations to the Law 64/91, as amended, article referring to the exceptions from patentability.
Computer programs, as such, are not considered inventions within the meaning of the provisions of Art. 7 lit. c) of Law 64/91 mentioned above. If, however, you wish to record a computer program, please read Art. 17 of the Regulations because in the inventions in this field you will have clearly highlight a technical effect
3. PREPARATION OF TECHNICAL DOCUMENTATION
If you do not yet have the necessary experience to prepare a documentation in accordance with OSIM requirements, we suggest you use the services of an industrial property attorney, which you can choose from the list of attorneys that can be consulted at the Public Relations Office, at the Reading Hall of OSIM (from an Official Bulletin of Industrial Property - Inventions Section) or on our website under the heading Industrial Property Attorneys. You can also contact one of our Regional Centers by accessing the Regional Centers indication on the same website. On the other hand, from our Reading Hall, or from the database for inventions on our website, you can obtain a similar patent with a technical solution similar to that you want to protect, in order to have a model for drafting the technical documentation. The database for inventions can be accessed from the blue bar at the top of our website, under the heading e-OSIM
4. DOCUMENTARY SEARCH
It is useful to conduct a documentary search in patent literature before filing a patent application, to have a better overview of the known state of the art in the field. In this way, you can take advantage of the latest developments in the field and, at the same time, reduce the risk of your application being rejected due to a lack of novelty or inventive step. Documentary search can be done:
- using the services of an industrial property attorney;
- contacting a Regional Center;
- on your own, via the Internet, by accessing the OSIM database, or one of the European Patent Organization (EPO) databases such as "Esp@cenet", for example, using keywords in that field, filled in under the heading "Title" of the search window;
- at the OSIM Reading Hall, with access from the great hall of OSIM;
- by filing a standard application for documentary search to OSIM and paying the appropriate fee after consulting the "Services" section of our website to get information about the standard form, deadlines and legal fees.
Fees for legal proceedings concerning patent applications are provided in O.G. no. 41/98 on fees in the industrial property protection field and the conditions for using the same, with subsequent amendments and completions - Annex 1. The annex can be accessed here. The main fees you have to pay are, in order, the following:
- fee for filing the application (point 1a, Annex 1), will be paid in max. 3 months from the filing date: 148 lei
- the fee for publication of the patent application after 18 months from the date of filing in the Official Industrial Property Bulletin (BOPI) of OSIM - Inventions section (point 2, Annex 1), paid within a maximum of 6 months from the date of filing : 247 lei, or
- fee for publication of the patent application before 18 months from the date of filing (point 5a, Annex 1), but not earlier than 4 months from filing: 495 lei
- the substantive examination fee, procedure that takes place within 18 months from the date of payment of the fee paid from the 4th month to the 30th month inclusive (point 3a, Annex 1): 1,485 lei, or
- the substantive examination fee with the decision within 18 months from the date of filing, (point 7a, Annex 11), paid within 3 months from the date of filing: 2,475 lei
- the fee for printing and issuing the patent (point 4, Annex 1) within 4 months from the date of communication of the decision to grant the patent: 495 lei.
The legal fees for the procedures we perform may be paid gradually, over time, following written requests from the Preliminary Examination Division and as the examination procedures proceed. The fees can be paid together with the filing of the patent application, at the OSIM cashier, for the beginning being advisable that you pay the filing and publication fees, if the documents under point 2 of the guidelines are filed directly to OSIM. Anyone can file the application and the technical documentation to room 3, on the ground floor. If you send the fee by money order or payment order, please use our account listed below and refer to the c.b.i filing number and the procedure for which you are making this payment.
When the applicant is a natural person, the above fees (except for those in points 5 and 7 of Annex 1) may be reduced (according to Art. 2 and Art. 10 of the above-mentioned law) depending on the average monthly gross income per economy over the last 12 months. This income must be certified by a certificate from the workplace, from the Labor Office, from the financial administration, or with pension receipt, as the case may be. In the case of students, a certificate issued by the dean of the faculty, with the name of the student, the specialty and the year of study is required. In the case of the term-service military, a certificate from the unit where they satisfy their military service can be submitted, and in the case of persons deprived of liberty, a certificate issued by the prison can be submitted.
Thus, if your average gross monthly income for the last 12 months is less than 3 times the average gross earnings per economy, you will have to pay only 20% of fees, ie: 29.6 lei for filing, 49.4 lei for publication, 297 lei for the substantive examination of your application and 99 lei for the issuance of the patent, ie a total of 475 lei. In case you have a gross income less than 5 times the average earnings per economy, you will pay only 50% of the above nominal fees. In the case of several applicants for the same patent application, the fees are paid only once for each application, and the imposition is made after the highest salary.
In the case of a legal entity, the fees can be reduced by half (50%) if a balance sheet for the previous year, submitted to OSIM, certifies a turnover of less than 2 million euros (equivalent in lei), to 20% if it has a turnover of less than 1 million euros and also 20% for an invention made as a result of a research-development activity with public funding, or if it is a public institution or non-profit unit (according to Art. 2 of the Law No. 381/2005 amending Government Ordinance 41/98 on the fees in the industrial property protection field).
Examination of a patent application (obtaining a decision to grant from the Examination Board) can take from 18 months, if you pay the emergency fee, and up to 4 years in the case of reduced fees. After obtaining the patent, you must pay, for 18 years, the fees for the maintenance of your patent in force in accordance with point 23 of Annex 1 of the above-mentioned Law 381/2005.
When filing the above documents, one of the standard forms with the stamp of our Office containing the date and filing number will be returned to you immediately (in person or by mail). This filing does not guarantee protection! Only after the publication of the abstract of your invention in the BOPI - Inventions Section (Art. 32 of the aforementioned Law 64/91) - you will have a temporary protection, until the date of a decision made by the Examination Board for Inventions, and you can immediately take any action for application of your invention. For the first 5 years of application of the invention you are exempt from the profit tax, according to the prescriptions of the Exemption Norm and of the Fiscal Code Law.
The patent provides you with protection only on the Romanian territory, for a validity period of 20 years starting from the filing date, according to Art. 30 of Law no. 64/91, as amended, provided that it remains in force by the payment of the annual legal fees (point 23, Annex 1 of Government Ordinance 41/1998 with subsequent completions and amendments) starting with the 3rd year of protection.
7. APPLICATION OF THE INVENTION
According to G. D. No. 573 / 07.09.1998, as republished, OSIM has no attributions regarding the contacting of natural or legal persons interested in the application of the respective inventions. But on our website, under the heading "Services", you will find the "Offer of inventions" where, for a fee, you can display your invention, in order for you to be contacted by interested persons.
8. PATENTING ABROAD
The patenting abroad of the inventions created by Romanian natural persons on the Romanian territory can be made only after the filing of the patent application with OSIM (Art. 39 of the Law). If you are interested in protecting the technical solution of your patent application abroad, it is necessary that within 12 months from the date of filing, (priority date according to the Paris Convention) and in accordance with Art. 19 and 20 of Law 64/91, you request first the issuance of a priority certificate. Based on this priority, you can file national applications directly to the offices of the countries in which you want protection, or an international application filed by OSIM, as the receiving office, either at the office of the European Patent Organization (EPO) or the Patent Cooperation Treaty. (PCT). The filling-in of the patent application for this international phase (EPO or PCT) can also be done at the Preliminary Examination Division (Mrs. Adriana Aldescu, ext. line. 288). Since Romania is a member of the European Patent Convention you can also file your application directly to the EPO. After this last step, we recommend that the international patent procedure, due to its complexity, should be continued by an industrial property attorney, which you can choose from the OSIM website.
For more detailed information on the patentability of a technical solution or on how to prepare the appropriate documentation, we suggest that you contact and consult an industrial property attorney.
Note: The services of the Regional Centers and of the I.P. attorneys are subject to payment of certain fees.
9. GENERAL INFORMATION OSIM
Our address is: 5, Ion Ghica Street, Sector 3, Postal code 030044, Bucharest.
OSIM account: RO05 TREZ 7032 0F33 5000 XXXX,
Treasury Sector 3, Bucharest, 6, Cireşului Street, Sector 3, Fiscal code 4266081.
For information about OSIM and the field of industrial property, you can come to our headquarters, at the Public Relations Office, ground floor, room 2, from 8:30 - 17:00 on Monday to Thursday and 8:30 - 14: 30 on Friday.
You can also call 0372 825 985 or call the OSIM switchboard at 021.306.08.00.
Reading Hall Working Program: Monday - Thursday: 8:30 a.m. - 5:00 p.m .; Friday: 8:30 a.m. - 2:30 p.m.
Any information regarding OSIM can be accessed from our website: www.osim.ro