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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

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LEGE No. 120 of 18 December 1992 on fees for patent applications and patents for invention
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR NO. 1 of 8 January 1993



The Romanian Parliament adopts this law + Article 1 Fees for the procedures provided by Law no. 64/1991 on the patents of invention shall be paid on behalf of the State Office for Inventions and Trademarks, in the amount and deadlines provided for in Annexes no. 1 and 2 and constitute revenue to the state budget. Amount of taxes in lei set out in Annex no. 1 will index according to the law. + Article 2 The amounts representing the taxes collected are paid by the State Office for Inventions and Trademarks to the state budget, according to the instructions of the Ministry of Finance, which will be issued within 30 days of the entry into force of this law. + Article 3 The fee for the issuance of the invention patent and the printing of the description shall be paid within 6 months from the publication of the grant decision. This fee-increased by 50%-can be paid in a new 6-month term, calculated from the expiry of the original deadline. Non-payment of the tax provided in 1, within the set deadlines, has as a result the revocation of the holder from the right to the issuance of the invention patent. The fall is published in the Official Industrial Property Bulletin. + Article 4 The fees for the maintenance of the patent in force shall be due from the date of the deposit of the patent application, including for the year in which the patent is issued, and shall be paid within 3 months of the issuance of the patent. For the years following the issuance of the invention patent the maintenance fees in force shall be paid until the first day of each protection year. These taxes-increased by 50%-can also be paid in the next 6 months after the expiry of the deadlines provided in par. 1 1 and 2. The non-payment of taxes within the deadlines provided for by this article has as a result the revocation of the holder of the rights arising from The fall is published in the Official Industrial Property Bulletin. + Article 5 Inventors, applicants or holders of patents, who have an annual gross income of up to 1,000,000 lei and who have not transmitted the right to exploit the invention, pay 10% of the amount of taxes provided in Annexes no. 1 1 and 2 to the present law. Public institutions, as well as companies with an annual gross profit of less than 10 million lei, having a number of employees of less than 200 and who did not transmit the right to exploit the invention, pay 50% of the amount of taxes provided in Annex No 1 1 or Annex no. 2 2, as appropriate. They are exempt from the payment of taxes provided in Annexes no. 1 and 2 students, students and soldiers in the term, both as individual authors of inventions, as well as in collective formats exclusively from these categories of persons, during as long as they have this quality and for the ongoing procedures during which have that quality. + Article 6 From the annual revenues obtained in lei and in foreign currency, as a result of the application of this law, a share of up to 30% will be used by the State Office for Inventions and Trademarks for the realization of the activities related to the technical equipment and the computerized data provided for in art. 64 lit. c) of Law no. 64/1991 on patents for invention. The annual rate of establishment of this fund will be established by the budgetary law, and the way of establishment and use of the fund provided in par. 1 will be determined by instructions issued by the Ministry of Finance. + Article 7 For the procedures not carried out until the date of entry into force of this Law, the fees provided for in Annexes no. 1 1 and 2. + Article 8 On the date of entry into force of this Law, the Government Decision no. 227 227 of 5 May 1992 on fees for patent applications and patents for invention. This law was adopted by the Senate at the meeting of December 3, 1992, in compliance with the provisions of art 74 74 para. (2) of the Romanian Constitution. SENATE PRESIDENT prof. univ. OLIVIU GHERMAN This law was adopted by the Chamber of Deputies at its meeting on December 7, 1992, in compliance with the provisions of 74 74 para. (2) of the Romanian Constitution. CHAMBER OF DEPUTIES PRESIDENT ADRIAN NASTASE + Annex 1 AMOUNT AND TIME LIMITS on payment of taxes in lei No. crt. Object of payment Terms of payment Cuantum fee-lei-1.Registration of the patent application-in the first month from the date of depositation6,000-in the 2nd and 3rd months from the date of depositation9,000 2.Publication of the patent application expiration of 18 months from the date of deposit or priority-in 3 months from the date of invoking of the priority or within 6 months from the date of the deposit10,000 3.Publication of the patent application before the expiry of the 18-month period from the date of the deposit or priority-once with the request of the publication15,000 4.Documentation report- up to the 18th month from the date of the deposit20,000 5.Documentation report for the international applications registered under the Patent Cooperation Treaty-with the request of the publication of the report10,000 6.Examination of the patent application of invention for a description that does not exceed 10 pages and 5 claims-in 3 months from the date of the deposit, without the publication of the patent application 90,000-between the 4th and 15th months from the date of the deposit60,000-between the 16th and 30th months of the date deposit40,000-once with the request of the examination of urgenta120,000 7.For each page in plus 1.000 8.For each claim in addition 2.000 9.Release of the invention patent and printing of the description-in 6 months from the date of publication of the decision20,000 10.Examination of a challenge-once with the submission of the appeal to O.S.I.M. 30,000 11.Examination of a request for revocation-once with the submission to O.S.I.M. of the request for revocation60,000 12.Maintaining in force of the invention patent for each year: -first 5 years 16,000-years 6-10 including 30,000-years 11-15 including 60,000-years 16-20 including 100,000 13.Revalidation of the patent-once with the submission to O.S.I.M. of the request for revalidation60,000 14.Completing the deposit of the patent application invention: a) the subsequent submission of claims and drawings-with the submission to O.S.I.M. 2.000 b) the submission of the translation in Romanian-with the submission to O.S.I.M. 8,000 15. a) a date with the registration of the patent application-when filing the patent application to O.S.I.M. 10,000 b) within 2 months from the date of registration of the patent application-upon submission of the invoking document of the 16.Release of a priority certificate-upon submission of the application for the issuance of the certification1.000 17.Transmission of the international application from O.S.I.M., as a receiver office, to the International Office of O.M.P.I.-until the 13th month from the date of international priority 10,000 18.Maintain under "secret" regime of the documentation of an application of invention patent/year-2 months after the attribution of the "secret" character 8,000 19.Maintaining in "non-public" regime the documentation of a patent application/year-once with the submission of the request of this 38,000 20.Maintaining in force of the patent for improvement invention: a) during the period of validity of the patent for improvement-according to art. 4 4 of lege50% of the fee referred to in point 12 12 of this Annex b) during the period after the end of the validity of the perfecting invention patent-according to art. 4 4 of the same amount as in point 12 21.Registration of a change in the legal situation of the patent application or the patent: a) the registration of a sale-with the registration of the assignment to O.S.I.M. 20.000 b) the registration of an exploitation license-once registration of the license to O.S.I.M. 20.000 c) other changes-with the registration of the request to O.S.I.M. 5.000 22.Release of documents, certificates, duplicates, copies, certificates, etc.-with the registration at O.S.I.M. of the request for delivery2,000 + Annex 2 AMOUNT AND TIME LIMITS on payment of foreign currency taxes No. crt. Object of payment Terms of payment Cuantum fee ($) 1.Registration of patent application-in the first month from the date of deposit30-in the 2nd and 3rd months of the deposits45 2.Publication of the patent application upon expiry the term of 18 months from the date of the deposit or priority-within 3 months from the date of the invocation of the priority or within 6 months from the date of the deposit50 3.Publication of the patent application before the expiry of the 18-month period from the date deposit or priority-once with the request of publication75 4.Documentation report-up to the 18th month of at the deposits100 5.Documentation report for registered international applications conforming to the Patent Cooperation Treaty-with the request of the publication of the report50 6.Examination of the patent application for a description which does not exceed 10 pages and 5 claims-in 3 months from the date of the deposit without the publication of the patent application 450-between the 4th and 15th months from the date of the deposit300-between the months of the 16th and the 30th from the date of the deposit200-once with the request 7.For each page in addition 5 8.For each additional claim 10 9.Release of the patent for invention and printing of the description-in 6 months from the date of publication of the decision100 10.Examination of a challenge-once with the submission of the appeal to O.S.I.M. 150 11.Examination of a request for revocation-once with the submission to O.S.I.M. of the request for revocation300 12.Maintain in force of the invention patent for each year:-first five years 80-years 6-10 including 150-years 11-15 including 300-years 16-20 including 500 13.Revalidation of the patent-once with the filing at O.S. I M. of the request for revalidation300 14.Completing the deposit of the patent application: a) the subsequent submission of claims and drawings-with the submission to O.S.I.M. 10 b) the submission of the translation in Romanian-with the submission to O.S.I.M. 40 15. a) a date with the registration of the patent application-when filing the patent application to O.S.I.M. 50 b) within 2 months from the date of registration of the patent application-upon submission of the invoking document of the priority200 16.Release of a priority certificate-upon submission of the application for the issuance of the certification5 17.Transmission of the international application from O.S.I.M., as a receiver office, to the International Office of O.M.P.I.-until the 13th month from the date of priority internationale50 18.Maintain under "secret" regime the documentation of a patent application invention/year-2 months after the attribution of the "secret" character 40 19.Maintaining in "non-public" regime the documentation of a patent application/year-once with the submission of the request of this regiment 40 20.Maintaining in force the patent of invention improvement: a) during the validity of the patent for improvement invention-according to art. 4 4 of lege50% of the fee referred to in point 12 12 of this Annex b) during the period after the end of the validity of the perfecting invention patent-according to art. 4 4 of the same amount as in point 12 21.Registration of a change in the legal situation of the patent application or of the patent: a) the registration of a sale-once with the registration of the assignment to O.S.I.M. 100 b) the registration of an exploitation license-once with the registration license to O.S.I.M. 100 c) other changes-with the registration of the request to O.S.I.M. 25 22.Release of documents, certificates, duplicates, copies, certificates, etc.-with registration at O.S.I.M. of the request for delivery10 -------------------