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PATENTS
REGISTRATION PROCEDURE
The application shall be registered with the National Registry for invention applications. The application for patenting an invention contains the identification data of the applicant (petitioner) together with a description of the invention and the claiming in Romania, and, if necessary, explanatory drawings. The patent application shall include information regarding author’s identity. The descriptions, claims and drawings of the invention must be clearly, completely and correctly detailed, from the scientific and technical point of view, in such a way as to enable a specialist to achieve such an invention. If the applicant is not the same person as the inventor, the contract concluded between the parties and the inventor statement shall also be submitted. The patent shall be issued by the General Manager of the State Office for Inventions and Trademarks and it shall be registered with the National Inventions Registry. Such documents shall be filed at the State Office for Inventions and Trademarks and they shall represent the so-called national deposit of invention. REGISTRATION COSTS
By Law No. 381/2005 for the amendment and completion of Government’s Ordinance No. 41/1998 regarding taxes in the field of industrial property protection and their utilization conditions, which came into force on January 7th, 2006, the registration costs of the national patents have been changed: - the registration tax (must be paid within maximum 3 months from the deposit date): RON 108 ( EUR 30); - the tax for publishing the patent application, after 18 months from the deposit date, in the Official Gazette for Industrial Property (OGIP), OSIM Inventions section: RON 180 (EUR 50) or - the tax for publishing the patent application, within less than 18 months from the deposit date: RON 360 RON (EUR 100); - the fund examination tax, to be paid within 18 months from the payment date: RON 1080 (EUR 300), or - the fund examination tax with decisions taken within 18 months from the deposit date: RON 1800 (EUR 500); - the tax for printing and issuing the patent (within 12 months from the date when the patent granting decision is published): RON 360 (EUR 100). Throughout the validity period of invention patenting, the holder shall pay certain taxes for keeping the patent. Should the holder fail to pay such taxes, it shall lose its right from patenting. |
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