- European
The current invention patent system in Romania is mainly protected by the Patent Law, the Utility Model Law, and the Implementing Regulations of the Utility Model Law.
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Patent type
1. Invention patent: 20 years from the date of application
2. Utility model patent: 10 years from the date of application
3. Design patent: 25 years from the date of application -
Patent application language
Romanian
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Patent regulatory authority
Romanian National Patent and Trademark Office
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Patent application pathway
paris convention
PCT pathway enters the Romanian national phase
Europe takes effect
Direct Application
The invention patent application system in Romania is different from that in China. Firstly, after the applicant submits a Romanian patent application, the Romanian Patent and Trademark Office (OSIM) will publish a search report with written opinions on the patentability of the application, which will be published simultaneously or subsequently with the Romanian patent application. After substantive examination, the Romanian patent application shall be approved or rejected by the competent authority, and the applicant shall be notified within one month. After the one month appeal period, the decision shall be announced.
The application process for utility model patents in Romania is roughly the same as that for invention patents in Romania, but does not require substantive examination. At the time of application, if the applicant is not the inventor, the identity of the inventor must be stated and their legitimacy as the applicant must be proven before making a decision.
Within six months after the application date, OSIM will prepare a search report and publish it together with or after the Romanian patent application. Romanian utility model patents only require formal examination and can be granted utility model patent rights upon approval. A utility model patent application can be converted into an invention patent application, but if the application is converted from an invention patent, it cannot be further converted into an invention patent.
The application process for design patents in Romania is significantly different from that in China, and its design patents must undergo substantive examination before being granted patent rights. The Romanian patent application submitted by the applicant shall be published after preliminary examination, and the applicant may apply for an extension of publication, but not later than 30 months after the application date. Within two months after publication, third parties may raise objections and provide evidence. OSIM will inform the applicant of the relevant information regarding the objections, and the applicant can respond within two months of receiving the notification. Within three months after raising an objection, the design review department will issue a report agreeing or rejecting the objection, which will be considered in the substantive examination. Within 12 months after the publication of the Romanian patent application, substantive examination will be conducted, and after approval, authorization and registration will be carried out.
2： Scroll down the page, find the "Patents" option under the "Fees" section, and click to open the file. The third page and item 23 of the document indicate the annual fee required for the corresponding year.
