Law No. 120 Of 18 December 1992 Concerning The Fees For Patent Applications And For Patent

Original Language Title:  LEGE nr. 120 din 18 decembrie 1992 privind taxele pentru cererile de brevet de invenţie şi pentru brevetele de invenţie

Read the untranslated law here: https://www.global-regulation.com/law/romania/3070281/-lege-nr.-120-din-18-decembrie-1992-privind-taxele-pentru-cererile-de-brevet-de-invenie-i-pentru-brevetele-de-invenie.html

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LAW No. 120 of 18 December 1992 concerning the fees for patent applications and for ISSUING patents for invention, the PARLIAMENT Published in MONITORUL OFICIAL NR. 1 of 8 January 1993, the Romanian Parliament adopts this law.


Article 1 the fees for procedures provided for by law No. 64/1991 on patents for invention shall be paid into the account of the State Office for inventions and trademarks, in amount and time limits set out in the appendices. 1 and 2 and shall constitute revenue of the State budget.
The amount of the fees referred to in annex 4 to the Lions. 1 will index it according to the law.


Article 2 the amounts representing taxes levied pour of the State Office for inventions and trademarks in the State budget, instructed the Ministry of finance, which shall issue within 30 days of the entry into force of this law.


Article 3 the fee for issue of the patent of invention and shall pay the printing the description within 6 months of publication of the decision to grant the patent. The fee-plus-50% may be paid into a new period of six months calculated from the expiry of the period initially.
Failure to pay the charge referred to in paragraph 1. 1 within the time limits set out, has as a result the revocation to the holder upon issuance of the patent for invention.
The forfeiture shall be published in the official bulletin of industrial property.


Article 4 fees for maintaining the patent in force of patents is due from the date of the deposit of the application for patent, including the year in which the patent is issued, and shall be paid within three months after the grant of the patent.
Subsequent to the grant of the patent for invention of the maintenance fees in force shall be paid before the first day of each year.
These fees-plus 50% can be paid, and during the next 6 months after the expiry of the time limits provided for in paragraph 1. 1 and 2.
Failure to pay duties within the prescribed time of this article as a result revocation to the holder of the rights from patent decurgind.
The forfeiture shall be published in the official bulletin of industrial property.


Article 5 Inventors, applicants or holders of patents for invention, which had an annual gross income of up to 1,000,000 lei and who have not transmitted the right to exploit the invention, are charged 10% of the amount of the fees referred to in the appendices. 1 and 2 to this law.
Public institutions and companies with an annual gross profit of less than 10 million, with a number of employees less than 200 and not the right to exploit the invention, pay 50% of the amount of the fees referred to in the annex. 1 or annex. 2, if applicable.
Are exempted from payment of the fees laid down in appendices. 1 and 2 pupils, students and soldiers, both as individual authors of inventions and collective formed exclusively of these categories of persons, as well as having this quality and ongoing procedures for the period for which they have the quality.


Article 6 of the annual revenues earned in foreign currency and, as a result of the application of this Act, a revenue share of 30% will be used by the State Office for inventions and trademarks for carrying out activities related to the technical equipment and the computerized database provided for in article 10. 64 lit. c) of law No. 64/1991 on patents for invention.
The annual quota for the establishment of this Fund is determined by the budget law, and the order of formation and use of the Fund referred to in paragraph 1. 1 to be determined by instructions issued by the Ministry of finance.


Article 7 procedures incurred up to the date of entry into force of the present law is due to the fees laid down in appendices. 1 and 2.


Article 8 entry into force of the present law shall repeal the Government decision No. 227 of 5 May 1992 concerning the fees for patent applications and patents for the invention.
This law was adopted by the Senate at its meeting of 3 December 1992 in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
SENATE PRESIDENT Prof. MAHADEVAPPA GAITAN this law was adopted by the Chamber of deputies at its meeting on 7 December 1992 in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
PRESIDENT of the CHAMBER of DEPUTIES ADRIAN NASTASE Annex 1 the AMOUNT and TERMS of payment of the fees in lei No. crt.
Purpose of the payment terms Amount fee--1.
Registration of the application for patent for invention-in the first month following the date of deposit of the 6,000-during the 2nd and 3rd of the date warehouse 9,000 2.
Publication of patent application for invention on expiry of 18 months from the date of the deposit or priority-in 3 months from the date of priority or invocation within 6 months from the date of the deposit 10,000 3.
Publication of patent application for invention before the expiry of 18 months from the date of the deposit or priority date of a publication request with 15,000 4.
Documentation report-until the 18th month from the date of the deposit 20,000 5.
Report documentation for claims under the Treaty of international registered patent cooperation once a request to publish a directory 10,000 6.
Examination of the application for a patent of invention for a description that does not exceed 10 pages and 5 claim-in 3 months from the date of the deposit, without publishing the patent application 90,000-from the 4th and 15th at the date of the deposit from 60,000-16th and 30th of the date warehouse 40,000-along with the request to review emergency 120,000 7.
For each page besides 1,000 8.
For each claim plus the 2,000 9.
The issue of the patent for invention and printing the description-within six months from the date of publication of the decision of 20,000 10.
The examination of an appeal-a date with the filing of the opposition O.S.I.M. 30,000 11.
Examination of an application for revocation-a date with the filing of the application for revocation O.S.I.M. 60,000 12.
Maintaining in force of patent for invention for every year:-first 5 years 16,000-years 6-10 years 11-including 30,000-60,000 years including 15-16-20 including 100,000 13.
Revalidation patent-filing once with O.S.I.M. demand revalidate 60,000 14.
Filling in the deposit application for patent for invention: a further submission of claims) and drawings-once with O.S.I.M. b submission 2,000) submission of the translation into Romanian language at once with O.S.I.M. 8,000 15 submission.
Invoking the priority: a) together with the registration of the application for patent for invention-from filing patent O.S.I.M. 10,000 b) within 2 months from the date of registration of the application for patent for invention-the filing of the priority document invocation 40,000 16.
The issue of a certificate of the filing of the application priority for 1,000 17 licences.
Transmitting the international application, that Office O.S.I.M. receiver, at the International Office of the O.M.P.I.-until the 13th month from the priority date 10,000 18 international.
Keeping under ' secret ' of the documentation of an application for patent for invention/year-2 months after the award of the "secret" character 8,000 19.
Keeping under "nepublic" documentation of an application for patent for invention/year-a date with the filing of the application for that procedure 8,000 20.
Maintaining in force of invention patent of improvement: the validity period of the patent) patents of improvement-according to art. 4 of the Act 50 per cent of the fee referred to in point 12 of this annex b) for the period after termination of the validity of the patent for invention-in accordance with article improvement. 4 of the Act the same as the amount in item 12 21.
The recording of a change in the legal position of the application for patent or the patent of invention: a) the filing of an assignment with a sudden assignment O.S.I.M. 20,000 b) registration of a licence of operation-once registering license O.S.I.M. 20,000 c) other changes once the registration request O.S.I.M. 5,000 22.
The release of the documents, certificates, duplicates, copies, certificates, etc.-once the registration request O.S.I.M. to release 2,000 to annex 2, the AMOUNT and TERMS of payment of the fees in foreign currency no. crt.
Subject to the terms of payment of the amount of charge ($) 1.
Registration of the application for patent for invention-in the first month following the date of deposit of 30-months 2 and 3 from the date of the deposit 45 2.
Publication of patent application for invention on expiry of 18 months from the date of the deposit or priority-in 3 months from the date of priority or invocation within 6 months from the date of the deposit 50 3.

Publication of patent application for invention before the expiry of 18 months from the date of the deposit or priority date request a publication 75 4.
Documentation report-until the 18th month from the date of the deposit 100 5.
Report documentation for international applications registered conformTratatului on cooperation in the field of patents at once with the request to publish a directory 50 6.
Examination of the application for a patent of invention for a description that does not exceed 10 pages and 5 claim-in 3 months from the date of the deposit without the publication of patent application 450-between months 4 and 15 of the 300 deposit date-from 16th and 30th from the date of the deposit 200-once with the request to review emergency 600 7.
For each page in addition 5 8.
For each claim plus the 10 9.
The issue of the patent for invention and printing the description-within six months from the date of publication of the judgement 100 10.
The examination of an appeal-a date with the filing of the opposition O.S.I.M. 150 11.
Examination of an application for revocation-a date with the filing of the application for revocation O.S.I.M. 300 12.
Maintaining in force of patent for invention for every year: the first five years 80-years 6-10 including 150-years 11-15 years-including 300 16-20 including 500 13.
Revalidation patent-a date with the filing of the O.S. I m. revalidate demand 300 14.
Filling in the deposit application for patent for invention: a further submission of claims) and drawings-once with O.S.I.M. b submission 10) submission of the translation into Romanian language at once with O.S.I.M. submission 40 15.
Invoking the priority: a) together with the registration of the application for patent for invention-from filing patent O.S.I.M. 50 b) within 2 months from the date of registration of the application for patent for invention-the filing of the priority document invocation 200 16.
The issue of a certificate of the filing of the application priority for licences 5 17.
Transmitting the international application, that Office O.S.I.M. receiver, at the International Office of the O.M.P.I.-until the 13th month from the priority date of the international 50 18.
Keeping under ' secret ' of the documentation of an application for patent for invention/year-2 months after the award of the "secret" character 40 19.
Keeping under "nepublic" documentation of an application for patent for invention/year-a date with the filing of the application for this scheme 40 20.
Maintaining in force of invention patent of improvement: the validity period of the patent) patents of improvement-according to art. 4 of the Act 50 per cent of the fee referred to in point 12 of this annex b) for the period after termination of the validity of the patent for invention-in accordance with article improvement. 4 of the Act the same as the amount in item 12 21.
The recording of a change in the legal position of the application for patent or the patent of invention: a) the filing of an assignment with a sudden assignment O.S.I.M. 100 b) registration of a licence of operation-once registering license O.S.I.M. 100 c) other changes once the registration request O.S.I.M. 25 22.
The release of the documents, certificates, duplicates, copies, certificates, etc. all at once with O.S.I.M. to request for release 10 — — — — — — — — — — — — — — — — — — —