Frequently Asked Questions - Patents

A. What can be patented as an invention

1. Can an idea be protected?

An idea, not transposed into at least one concrete embodiment, cannot be protected. In accordance with Article 7 of the Patent Law 64/1991, as republished in 2014, "mental activities" are not considered inventions. For a better understanding of this statement, please read the above-mentioned article on the OSIM website, in the chapter "Patents ".

However, you can benefit from the service of non-public storage at OSIM, by means of the "Idea Envelope", according to Art. 66 (f) of the above-mentioned law, by means of which a means of proof can be obtained concerning the date and authorship of a written material or drawing in the event of a litigation.

B. Documents required for filing a patent application with OSIM

1. What documents are required for filing a patent application?

In order to file a patent application the form “Patent application” must be filed with OSIM in 3 copies (you can access it at the link “Forms”) and a documentation (also in three copies) which includes : the description of the invention, one or more claims, the drawings referred to in the description or claims (if they are necessary for the understanding of proposed technical solution) and an abstract. For more information, please read the answer to question B2.

C. Time Limits for Filing a Patent Application

1. How long does it take to obtain a patent?

A patent can be obtained in a time limit ranging from 2 to 4-5 years.

The period for issuing a patent depends on the requested procedure, the time of payment and the amount of fees paid by the applicant and, also, on the way in which the invention is disclosed in the technical documentation and the quality of the elaboration of the written and drawn parts.

D. Consultancy in the field of industrial property

1. I have an invention. How can I protect it?

According to Article 1 of the Patent Law 64/1991, republished in 2014, "the rights in inventions shall be recognized and protected on the territory of Romania by the grant of a patent by OSIM under the conditions specified by the law." From the above-mentioned paragraph, you must understand that you can protect your invention only by filing a patent application with OSIM.

E. Legal fees for obtaining a patent

1. What are the fees for filing a patent application with OSIM?

The fees for filing a patent application can be accessed on the OSIM website, in Annex 1 of the Government Ordinance no. 41 on fees in the field of industrial property and and the condition of their use, republished in 2006, with the amounts updated on 01.01.2021. You will also find information in the “Fees” section of the guide “How to File a Patent Application with OSIM.” The fees can vary from 467.4 lei, in case of maximum reduction of the amounts of fees and up to 3 555 lei, in case you opt for emergency fees. In connection with the fees reductions, please read Art.2 and Art.10 of the mentioned Ordinance on fees, in order to see which are the exemptions that you can benefit from and which are the fees that can be reduced.

F. Procedures for Examining a Patent

1. Is the publication of the patent application in BOPI mandatory?

In accordance with Article 22 paragraph 1 of the Patent Law 64/1991, republished in 2014, national patent applications are published immediately after the expiration of the 18-month period from the filing date or, from that of the priority date, if a priority has been recognized. International patent applications filed under the PCT are published immediately after the expiration of a period of 6 months from the opening of the national phase (Art. 22 paragraph 2 of the same law).

G. Documentary Search

1. Is a documentary search necessary before filing a patent application? Why?

It is advisable to conduct a documentary search because it has several advantages:
1. It highlights new solutions that can be used to improve your invention;
2. it defines this way the known prior art;
3. A greater certainty regarding the granting of the patent is obtained if, in the claims, the solutions retrieved during the research are avoided.

H. Application of the invention

1. Can OSIM contact an interested person or sponsor for implementing an invention?

In accordance with the Government Decision no. 573/1998 on the organization and functioning of OSIM, our organization has no attributions regarding the application of the inventions, the contacting of third parties interested in the patented technical solution, of sponsors, or of possible willing persons to take over the granted patent.

I. The protection provided by the patent

1. If I file a patent application with OSIM, will the patent be valid throughout the entire European Community?

No, because the patent is a title of protection limited to the territory of the state, or to the territory of the states that have authorized the respective national or regional industrial property office, in the case of OSIM: the territory of Romania. According to art.1 of the Patent Law no.64/91, republished in 2007 and 2014 (see also the answer to question D.1.) “The rights in inventions shall be recognized and defended (only) on the territory of Romania.” As a result, after filing a patent application with OSIM, if you are interested in obtaining protection for your invention in other countries, you will need to follow the suggestions in the answer to question J.4.

J. Patenting Abroad

1. Can the invention be filed directly abroad?

No! Article 39 of the Patent Law no. 64/91, republished in 2014, stipulates that “inventions made by Romanian natural persons may not be patented abroad until a patent application has been filed with OSIM.”

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