Fees associated with filing patent applications in Romania as well as other patent fees are available in the fee calculator.
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The term for filing patent applications in Romania
The term for filing the patent application in Romania claiming priority is 12 months from the date of priority; however, it is possible to invoke priority within two months of the date of expiration of the priority date upon the payment of an extra fee.
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Minimum of filing documents
To obtain the filing date a patent application in Romania should contain:
- description, claims and abstract in any language;
- information about the applicant.
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Language of the Romanian patent application
The official language of the Romanian patent application is Romanian. If the application is filed in a foreign language the translation into Romanian should be provided within two months from the filing date upon the payment of an extra fee.
To confirm the priority right a copy of the priority application should be provided within 16 months from the date of priority. The translation thereof into Romanian is required.
If the applicant of the Romanian patent application is not the inventor it is necessary to provide the assignment deed. Legalization or notarization is not required. It may be submitted within 3 months from the filing date.
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Power of Attorney requirements
The original Power of Attorney should be provided to the Romanian Patent Office simultaneously with filing or within 4 months from filing the Romanian patent application, or within 2 months from the date on which the applicant is notified by OSIM with reference to the filing of the missing document, whichever expires later. Legalization or notarization is not required.
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Substantive examination request
The substantive examination may be requested for within 30 months from the date of filing of the patent application in Romania. There is also the possibility to request expedited examination, within 18 months from the date of filing.
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Grant and maintenance fees
The grant fee should be paid within four months from issuance of a decision to grant a patent in Romania. The annuities starts from the 3rd year and should be paid within one year from the date of publication of the mention to grant a patent. The patent on invention is valid for 20 years from the filing date. Late payment is possible within 6 months after the due date with paying a surcharge.
The Patent Law in Romania provides a grace period of six months for two specific cases of non-prejudicial disclosure:
-an evident abuse in relation to the applicant or its legal predecessor; or
-the invention being displayed at an official or officially recognised international exhibition.
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Representation by a patent attorney
For foreign patent applicants, it is necessary to perform the patent prosecution in Romania through an agent, a registered Romanian patent attorney.
1. Online Search databases: Romanian Patents, European Patents (EPO).
2. The patent protection in Romania may also be obtained via European Patent and its further validation in Romania.
The above information was verified on 30.01.2024
Please contact us if the above information is not in conformity with Romanian IP Laws.