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A patent may be granted for any invention concerning a product or process, in all fields of technology, provided that it is new, involves an inventive step and is susceptible of industrial application.

Grant of the patent confers on its proprietor an exclusive right of exploitation of the invention throughout its duration.

The transfer of rights over a patent may be performed via an assignment or license, which may be exclusive or nonexclusive, or by legal or testamentary succession.

A patent has a validity period of 20 years starting from the date of filing and in certain cases, an additional 5-year extension is possible.

Throughout the period of validity of the patent holder is obliged to pay annual maintenance fees of the patent. If the annuity fees are not paid in due time, the patent will lapse.

The State Office for Inventions and Trademarks after the legal deadline expires grants the holder a grace period of six months preceding the eventual decay, when it can pay the official fee with a surcharge of 50% of the initial fees.

Based on the principles of the Paris Convention, patent registration requests in one or more countries party to the convention can be done with or without the priority claim. Protection may be requested by the national route, about regional or international route.

The regional protection is achieved by submiting a filing request to an Regional Organization Office or the Romanian State Office for Inventions and Trademarks acting on behalf of that organization. Regional organizations which can call for acquiring regional protection of an invention are: the European Patent Office, Eurasian Patent Organization, African Regional Industrial Property Organization.

Protection of international route, following patenting the invention in member countries of the PCT can be done by submitting an application to OSIM as office acting on behalf of the PCT, or directly to the International Bureau of WIPO in Geneva which functions as a receiving office for international applications (PCTs).

In this respect, our company offers the following services:

  • Advice on filing a patent application;
  • Drafting and filing the application for a patent;
  • Representation before the State Office for Inventions and Trademarks in different process steps for obtaining the certificate of registration of a patent;
  • Submission of validation of a European patent in Romania;
  • Representation before courts in disputes concerning patent infringement.