Patents
A Patent is a special title of protection for technical inventions that do satisfy the patentability criteria according to the applicable law. The patentability criteria are in Romania the same as in many European jurisdictions, namely novelty, inventive step and industrial applicability. The Patent confers to his owner exclusive rights in respect to the patented invention, including the right to prohibit third parties from using without authorization the same invention.Romania is a member of the European Patent Convention (EPC) since 2003, after having been an extended country for almost seven years before this date.
The duration of a national patent is 20 years from the date of the application.
To benefit from the protection in Romania for patent rights, the applicant has the following options:
a) File a National Application either directly or by Claiming Paris Convention Priority
b) File an International Application under Patent Cooperation Treaty (PCT) and entry the national phase in Romania
c) Request validation in Romania for a granted European Patent.
We represent the Clients before Romanian Patent and Trademark Office in the matter of Romanian, European and International (PCT) patents and patent applications, as well as Utility Models and Utility Model applications, including the entry into national phase of the PCT applications as well as the validation in Romania of the European Patents.
We also represent the Clients before the European Patent Office in all matters pertaining to the European Patent applications and European Patents.
Utility Models are patent-related rights. The major difference relates to the fact that the Romanian Patent and Trademark Office does not examine the novelty, inventive step and industrial applicability. The duration of protection is also smaller, namely a first period of six period, with the possibility of renewal for two consecutive periods of two years, in total being a maximum of 10 years of protection.
Under certain circumstances provided by the Law, utility model applications can benefit from priority rights arising from patent applications. All the filing requirements below refer only to patent protection. For protection as a utility model, please contact our office directly.
