Law No. 64 of 11 October 1991 (republished) patent law *) published in PARLIAMENT ISSUING the OFFICIAL GAZETTE nr. 613 19 august 2014 — — — — — — — — — — * Note) Republished pursuant to art. 18 of law No. 83/2014 concerning service inventions, published in the Official Gazette of Romania, part I, no. 471 of 26 June 2014, giving it a new texts.

Law No. 64/1991 was republished in the Official Gazette of Romania, part I, no. 541 august 8, 2007, was corrected in the Official Gazette of Romania, part I, no. 638 of 18 September 2007 and subsequently amended by: Law No. 76/2012 for implementing Law No. 134/2010 code of civil procedure, as published in the Official Gazette of Romania, part I, no. 365 of 30 may 2012, with subsequent amendments;
-Law No. 187/2012 for implementing Law No. 286/2009 relating to the penal code, published in the Official Gazette of Romania, part I, no. 757 dated 12 November 2012, corrected in the Official Gazette of Romania, part I, no. 117 of 1 March 2013, with subsequent amendments.


Chapter I General provisions Article 1 (1) the rights to an invention shall be recognized and protected on the territory of Romania by the granting of a patent by the State Office for inventions and trademarks under the conditions provided by law.
  

(2) Are also recognized and protected the rights arising from a european patent law.
  


Article 2 for the purposes of this Act, the words and expressions below are defined as follows: a) european patent-patent granted under the european patent Convention;
  

(b) the international application) application for the protection of an invention, registered under the Treaty on cooperation in the field of patents;
  

c) industrial property adviser-person specialised in assisting in the field of industrial property (patents, trademarks, designs, models, etc.), which conducts legal this activity;
  

(d) the european patent Convention)-european patent Convention, done at Munich on 5 October 1973, as amended by the Act revising article. 63 of the Convention of 17 December 1991 and by decisions of the Administrative Council of the European Patent Organisation of 21 December 1978, 13 December 1994, 20 October 1995, 5 December 1996 and 10 December 1998, as well as through its review of the Act, adopted in Munich on November 29, 2000;
  

e) Paris Convention-Convention for the protection of industrial property of March 20, 1883, as revised and amended;
  

f) description-presentation of the invention;
  

g) inventor-the person who created the invention;
  

h) professional representative-industrial property adviser, which may produce and quality of representation in proceedings before the State Office for inventions and trademarks;
  

I) OSIM-State Office for inventions and trademarks;
  

j) predecessor-the natural or legal person entitled to patent application previously pendency;
  

k) publication-information dissemination in a manner accessible to the public;
  

l) requesting the person or entity seeking the grant of a patent for invention;
  

successor in title)-any natural or legal person to whom to be entitled to the grant of the patent for invention, whether rights deriving from a patent issued;
  

n) claim-patent that encompasses the subject of protection requested and whose content determines the extent of protection;
  

a patent holder)-natural or legal person to whom belongs the right conferred by the patent;
  

p) unit that works-legal entity;
  

q) the person exploiting the invention-the natural or legal person who puts in place legally. The person exploiting the invention may be identical with the patent holder.
  


Article 3 right to the patent belongs to the inventor or his successor in title.


Article 4 (1) where the invention was created jointly by several inventors, each of whom has the status of co-author of the invention, and the right to belong to them jointly.
  

(2) If two or more persons have created the same invention independently of each other, the right to the patent belongs to that which has filed a patent application whose filing date is the earliest.
  


Article 5 foreign natural or legal persons having their domicile or registered office outside the territory of Romania shall benefit from the provisions of this law, under the terms of the treaties and international conventions concerning inventions to which Romania is a party.


Chapter II patentable Invention in article 6 (1) a patent may be granted for any invention having as object a product or process, in all fields of technology, provided that they are new, involve an inventive step and be susceptible of industrial application.
  

(2) Biotechnological Inventions are patentable if it relates to: (a) biological material) is isolated from the natural environment or produced by any technical process, even if it is produced in nature before;
  

b) plants or animals, if the technical possibility of realization of the invention is not confined to a particular plant variety or animal breed specific;
  

c) a microbiological or other technical process or a product, other than a plant variety or an animal breed obtained by this process;
  

d) an element isolated of the human body or otherwise produced by means of a technical process, including the sequence or partial sequence of a gene, even if the structure of that element is identical to the structure of a natural element.
  


Article 7 (1) shall not be considered inventions within the meaning of art. 6, in particular: (a) discoveries, scientific theories), and mathematical methods;
  

b) aesthetic creations;
  

c) plans, principles and methods in the pursuit of mental activities, games or in the area of economic activities, and computer programs;
  

d) presentations of information.
  

(2) the provisions of paragraphs 1 and 2. (1) shall not exclude the patentability of objects or activities referred to in this paragraph, to the extent that the application of patent for invention patent times refer to such items or activities considered itself.
  


Article 8 (1) shall not be granted the patent, according to this law, for: a) inventions whose commercial exploitation is contrary to ordre public or morality, including those harmful to health and life of humans, animals and plants, that times are likely to cause serious harm to the environment, provided that this exclusion should not only depend on the fact that the operation is prohibited by a statutory provision;
  

b) plant varieties and animal breeds, and any essential biological processes for obtaining plants or animals. This provision shall not apply to microbiological processes and the products obtained by such processes;
  

c) inventions having as object the human body at the various stages of its formation and development, nor the simple discovery of one of its elements, including the sequence or partial sequence of a gene;
  

d) methods of treatment of the human or animal body by surgery or therapy, and diagnostic methods practised on the human or animal body.
  

(2) the provisions of paragraphs 1 and 2. (1) (a). d) shall not apply to products, in particular substances or compositions for use in any of these methods.
  


Article 9 (1) an invention is new if it is not comprised in the prior art.
  

(2) prior art comprises all knowledge which became available to the public by a written description, oral times through use or in any other way, before the date of the deposit of an application for patent for invention.
  

(3) the prior art also includes the contents of applications and requests to OSIM international, which opened the national phase in Romania or of the European Community designating Romania as they were submitted, which have a filing date earlier than that provided for in paragraph 1. (2) and which were published on or after that date, according to the law.
  

(4) the provisions of paragraphs 1 and 2. (2) and (3) shall not exclude the patentability of any substance or composition comprised in the State of the art, for use in a method of the type referred to in article 1. 8 para. (1) (a). d) if its use in any such method is not comprised in the prior art.
  

(5) the provisions of paragraphs 1 and 2. (2) and (3) shall not exclude the patentability of any substance or composition referred to in paragraph 1. (4) for any other use specified in any of those referred to in article 1. 8 para. (1) (a). (d)), where such use is not comprised in the prior art.
  


Article 10 (1) pursuant to article 19. 9, disclosure of the invention shall not be taken into consideration if it occurred within six months before the date of filing of the patent application and if it arises directly or indirectly as a result of: (a) an evident abuse) in respect of the applicant or predecessor in title;
  

(b) the fact that the applicant or) the predecessor in title of the invention in an international exposition official or officially recognised within the meaning of the Convention relating to international exhibitions, signed at Paris on 22 November 1928, with subsequent revisions.
  

(2) the provisions of paragraphs 1 and 2. (1) (a). b) are applicable only if the registration of the application for patent for invention the applicant declares that the invention has actually been exposed and if, within the period and under the conditions laid down in the rules of application of this law *), submit a document in support of its Declaration.
  

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Notă



*) Regulation for the application of law No. 64/1991 on patents for invention was approved by Government decision No. 547/2008, published in the Official Gazette of Romania, part I, no. 456 of 18 June 2008.


Article 11 (1) an invention shall be considered as involving an inventive step if, for a person, it does not obviously result from the knowledge contained in the prior art.
  

(2) patent applications referred to in article 1. 9 para. (3) Although forming part of the prior art are not taken into consideration in assessing inventive activity.
  


Article 12 (1) an invention shall be considered susceptible of industrial application if its subject matter may be produced or used in an industrial area, including in agriculture.
  

(2) Industrial Applicability of a sequence or a partial sequence of a gene must be disclosed in the patent application.
  


Chapter III registration, publication and examination of the patent application, the issue of the patent Article 13 (1) an application for a patent of invention, written in Romanian language, must contain: (a) the grant of a patent request);
  

b) identification details of the applicant;
  

c) a description of the invention;
  

d) one or more claims;
  

e) drawings referred to in the description or claims.
  

(2) if the applicant is not the inventor, an application for a patent for invention shall contain indications allowing the identity of the inventor's establishment and will be accompanied by a document showing how the applicant acquired the right to the grant of the patent.
  

3. the document referred to in paragraph 1. (2) will be submitted pending a ruling on the patent application.
  

(4) the application for a patent may be made by the person entitled to the grant of the patent, in person or in any manner prescribed by regulation for the application of this law *).
  

— — — — — — — — * Note *) see footnote to article 1. 10 para. 2. (5) In all procedures in front of OSIM, the applicant is deemed to be the person entitled to the grant of the patent.
  

(6) the patent application shall be filed at the option of the applicant, OSIM, on paper or in another form, and by a means of transmittal accepted by OSIM and prescribed by regulation for the application of this law.
  

(7) the patent application shall be accompanied by a summary declaration must be lodged not later than 2 months before the date of publication of the application.
  

(8) the summary serves exclusively for the information; It may not be taken into account for any other purpose, in particular for the determination of the required protection, nor for the implementation of the provisions of article 7. 9 para. 3. Article 14 (1) the filing date of the application for patent is the date on which they were recorded as follows: a) an express or implied indication that the grant of a patent is requested;
  

b) indications allowing the identity of the applicant setting or enabling him by contacting OSIM;
  

c) part which, at first glance, appear to be a description of the invention.
  

(2) where the missing part of the description, for the purposes of the filing date of the award, it may be filed at a later date, being the date of filing the date on which this part has been submitted and the fee for the registration of this part was paid.
  

(3) If the missing part of the description referred to in paragraph 1. (1) (a). c), filed subsequently is withdrawn, the filing date shall be the date on which the requirements referred to in paragraph 1. (1) and (4) the conditions for the submission and the subsequent withdrawal of the missing part of the description which has been filed pursuant to paragraph 1 subsequent. (2) are provided for in the implementing rules of this law.
  

(5) where an application for a patent for invention does not contain a part which, at first glance, appear to be a description, in case the date of filing, the application for a patent for invention may be made reference in Romanian language, an application filed previously at an Office which replaces the description, complying with the provisions of the regulation for the application of this law. Otherwise, no filing date shall be granted, and the application will not be treated as an application for a patent for invention.
  

(6) an application for a patent for invention shall be entered in the national register of patent applications filed. Until the publication of data from the register in the official bulletin of industrial property, they are not public, according to the law.
  

(7) Claims and drawings relating to the invention may be filed and within two months from the filing date of the patent application, with payment of the tax laws.
  

(8) in the case of international patent application or a european patent application, the filing date shall be the date resulting from international treaties and conventions to which Romania is a party and that date shall be entered in the national register of patent applications filed.
  


Article 15 (1) natural or legal persons may, for duly justified reasons, to file the description, claims and drawings in a foreign language, provided that, within two months from registration, or, where applicable, from the date of the opening of the national phase, to submit a translation in accordance to OSIM, the Romanian language, to those documents and to be paid to the legal fee.
  

(2) shall be deemed to satisfy the requirements concerning the form and contents of an application of this law: (a) international applications) which meet the requirements concerning the form and contents provided for in the Treaty on cooperation in the field of patents, adopted by the diplomatic conference at Washington on 19 June 1970, ratified by the Decree of the State Council No. 81 of 2 March 1979, as amended;
  

(b) international applications) which satisfies the conditions of form and content prescribed by the Treaty and patent cooperation required by OSIM, or the European Patent Office, when acting for OSIM, after starting the processing or examination of them.
  

(3) it shall also be complied with any other requirements concerning the form and content of application laid down in the implementing rules of this law.
  

(4) if the provisions of article 362 are met. 13(2). (1) or of article 5. 15 para. (1) the deposit of the application effect of a regular national deposit.
  

(5) by regular national filing deposit means any deposit that is sufficient to establish the date on which the application was filed, whatever may be its subsequent fate.
  


Article 16 any person who submitted, in accordance with article 5. 13(2). (1) and art. 15 para. (1) a patent application at OSIM, or his successor in title shall enjoy a right of priority with effect from the date of the deposit of the application to any other deposit, concerning the same invention, having regard to a later date.


Article 17 (1) the invention must be disclosed in the patent application sufficiently clear and complete so that a person specialized in this area can be achieved.
  

(2) where the invention refers to a biological material or the use of a biological material to which the public does not have access and which cannot be described in the patent application of the invention in a manner allowing a person specialized in this area to carry out the invention, the conditions laid down in paragraph 1. (1) are met unless the applicant proves through a document that, prior to the date of filing of the application for patent for invention, the biological material has been deposited in an international deposit authority.
  

(3) the claims shall define the subject matter of protection requested and should be clear, concise and be supported by the description of the invention.
  


Article 18 (1) the patent application shall relate to one invention only or to a group of inventions linked together in such a way as to form a single general inventive concept.
  

(2) the patent application which does not meet the condition laid down in paragraph 1. (1) can be divided by the applicant, on his own initiative or at the request of OSIM, pending a ruling on the patent application.
  

(3) in an application resulting from the Division can reclaim only objects that do not go beyond the original disclosure of the application. Applications resulting from the Division that meet this requirement are the same filing date as the original application and each will benefit from the right of priority claimed therein.
  


Article 19 (1) Any person who has deposited in regular mode, in any State party to the Paris Convention for the protection of industrial property or the Member State from the World Trade Organization, an application for a patent for invention, utility model or utility certificate times his successor in title shall be entitled to perform any subsequent filing of an application for patent for the same invention in Romania , a right of priority during a period of 12 months calculated from the filing date of the previous application.
  

(2) Any deposit that amount to a regular national filing under the laws of any State party to the Paris Convention or in a Member State, to the World Trade Organization has been established shall be recognized as giving rise to a right of priority.
  

(3) a european patent application designating Romania and for which he was granted a filing date has the value of a deposit in Romania national filing, taking into account, where appropriate, and the priority claimed for the european patent application.
  


(4) the applicant for a patent for invention requests can take advantage of the priority of a previous application for a patent for the same invention, if lodged with the patent application a declaration claiming the priority of an earlier application, the priority justified by acts, under the regulation of this law.
  

(5) in an application for a patent may claim multiple priorities recognizes, subject to the provisions of paragraph 1. (1) only in respect of those elements of the patent application that are contained in the application or applications whose priority is claimed; multiple priorities may be claimed and, where applicable, for the same claim.
  

(6) Priority may be recognized only for those items that are clearly disclosed in the patent application taken in its entirety.
  

(7) Priority can be accorded to a patent application which claims or could claim the priority of a previous application for a patent at a later date posting date of expiry of the period of priority, but not more than two months from the date of expiry of that period, with payment of the tax law, if: a) an application is made explicit in this respect under the conditions laid down in the rules of application of this law;
  

(b) the application is made);
  

c) the grounds on which the application presents the priority time limit has not been respected;
  

d) OSIM finds that further patent application has not been lodged within the period of priority, although the applicant has submitted all efforts for this purpose, or where the failure to submit the product has not been intentional.
  

(8) where the applicant for the patent application claiming a priority right belonging to another person, there is a need for recognition of priority filing an authorisation of the OSIM on behalf of the transferor, showing that the applicant is entitled to claim priority of the earlier application.
  

(9) the term for submission of authorization is not more than 3 months from the claim of priority.
  


Article 20 (1) If within a period of 12 months from the filing date of an application for a patent for invention is granted by OSIM, filed a patent application for invention later previous application by the applicant or his successor in title, then in subsequent application may be claimed a right of priority for the same invention, called the right of priority. Though it was claimed a right of priority in an internal application, the earlier application whose priority has been claimed is deemed to have been withdrawn, unless he acted.
  

(2) internal Priority can be claimed simultaneously with the filing of the application or in a subsequent period of two months from the date of this application.
  

(3) the priority of a previous application internal, claimed in a subsequent application, will not be recognised if: a) at least one of the claims of the patent has been granted a priority, under the conditions laid down in article 21. 16;
  

(b) in the earlier application) have been claimed internal priorities and one of them has the earlier deadline of 12 months calculated from the filing date of the application;
  

c) Act of domestic priority has not been filed within the period prescribed by the implementing regulation of this law.
  


Article 21 (1) where the applicant has failed to claim an exhibition priority together with the application, the claim can be made under the conditions laid down in the rules of application of this law shall, at the latest within two months from that date, with payment of the tax laws.
  

(2) priority documents shall be filed within a time limit of 16 months from the priority date of the oldest or, where appropriate, in the four months following the date of the opening of the national phase.
  

(3) where OSIM considers that the examination procedure it is necessary to translate an earlier patent application, which served as a basis for claiming priority, request the applicant to submit a translation in Romanian language conforming to the previous application, in compliance with the provisions of the regulation for the application of this law.
  

(4) in the case of failure to comply with the provisions of paragraphs 1 and 2. (2) or article 10. 19, OSIM shall deliver its opinion within a period of 6 months from the filing date or from the date of the opening of the national phase, that the priority is not recognized.
  


Article 22 (1) patent applications filed on the way, which was set up by regular national filing repository are published immediately after the expiration of 18 months from the filing date or, where priority has been accorded, from the date of priority, except as provided in article 13. 38 para. 2. (2) patent applications filed under the Treaty on cooperation in the field of patents shall be published immediately after the expiration of 6 months from the opening of the national phase.
  

(3) at the request of any natural or legal person entitled to publication can be done in a shorter period than that provided for in paragraph 1. (1) and (2) under the conditions of the regulation for the application of this law.
  

(4) where an order for the grant of the patent is taken before the date of expiry of the time limit laid down in paragraph 1. (1) an application for a patent shall be published together with the indication concerning the judgment.
  

(5) patent applications referred to in article 1. 38 para. (2) will be published within 3 months from the date of declasificării the information contained therein.
  

(6) an application for a patent for invention shall not be published if until expiry of the period of 18 months a decision of refusal has been taken or if the application has been withdrawn times declared as deemed to be withdrawn.
  

(7) publication of the application shall be stated in the official bulletin of industrial property and shall be effected under the conditions laid down in the implementing rules of this law.
  


Article 23 (1) at the request of the applicant, OSIM shall draw up a report documenting accompanied, if appropriate, a written opinion regarding patentability and publish documentation report, under the conditions laid down in the implementing rules of this law.
  

(2) if the documentation has not been made public together with the request, it will be published at a later date.
  


Article 24 (1) any application for a patent for invention may be required at the date of filing of the patent application or, where appropriate, the opening of the national phase times within 30 months at one of these dates.
  

(2) For patent applications containing information classified as State secrets, the examination may be requested at the time of filing the application or within three months from the Board, but no later than 30 months prior to the expiry of the patent, as referred to in art. 30. Article 25 shall examine whether: (A) INVENTIONS the application for patent for invention shall comply with the provisions of article 3: (a)). 5;
  

b) conditions relating to the deposit referred to in art. 13-15;
  

(c) the conditions for the recognition of priority). 19, 20 and 21;
  

d) condition of unity of invention referred to in art. 18 paragraph 1. (1);
  

B. the invention covered by the application: a) is disclosed under art. 17;
  

b) is not excluded from patentability according to art. 7 para. (1), or does not meet the conditions laid down in article 21. 8;
  

c) fulfils the conditions of patentability referred to in art. 6 and art. 9-12. Article 26 (1) OSIM shall have the right to ask the applicant for what you need and acts which it considers necessary in relation to the identity of the applicant or the inventor, with regular national deposit constituted or with the conditions of patentability.
  

(2) in all proceedings relating to the application or patent for invention may send notifications to the applicant for, or holder of, and can transmit at OSIM, with deadlines laid down in the rules of application of this law, these periods may be extended by OSIM on request, on payment of a fee.
  

(3) the absence of notification does not relieve the applicant, proprietor of the times interested parties of compliance with the provisions of this law.
  

(4) the applicant shall submit all documents public at OSIM in connection with his invention, including copies of patents granted in other States.
  

(5) at the request or on the initiative of his INVENTIONS, his successor in title, times may amend the patent application pending a judgment, provided that the disclosure of the invention is not greater than the content of the application filing date.
  


Article 27 (1) the Commission decides by OSIM for examining, on the basis of the report of the examination of the application for patent for invention patent, granting or rejecting the patent application.
  

(2) OSIM patent application rejection decides the invention in the following situations: a) an application for a patent for invention does not meet the conditions laid down in article 21. 5, art. 15 para. (1) and (4) and in article 8. 37 para. (2);
  

b) the invention to which the application is excluded from patentability under the provisions of art. 7, or fall under the provisions of art. 8 times does not meet the conditions of patentability referred to in art. 6, 9, 11 and 12;
  

c) the invention to which the application does not satisfy the requirements of article. 17;
  

d) opening of the national phase applications recorded International has been exceeded;
  

e) on the expiry of 12 months from the date when the applications that are in the situation referred to in paragraph 1. (4) (a). b) were considered to be withdrawn;
  

f) called on the rejection of the application for a patent of invention under art. 63 para. (2) (a). c);
  

g) other than the applicant, inventor, no proof has been provided, within the time limit laid down in article 21. 28 para. (2) that is entitled to the grant of the patent;
  


h) has not been called for examination of the application for a patent of invention for the grant of the patent within the time limits laid down in article 21. 24. (3) OSIM shall take note of the withdrawal of the application for patent of invention if the applicant requires the withdrawal in writing, specifically.
  

(4) are reported as being deemed withdrawn patent applications that are in the following situations: a) the inventors were not declared within 18 months from the date of the application for the examination;
  

b) the applicant has not responded to notices of OSIM, within a period specified by OSIM, regarding the description and drawings form bringing it into line with the content of claims admitted;
  

c) application formed the basis of the priority claim in a subsequent application filed about national or international, with which he opened the national phase in Romania;
  

d) patent application for invention lies in the situation referred to in article 1. 63 para. (2) (a). b);
  

(e) the applicant has not submitted) the claims within the time limit provided for in art. 14. (7);
  

f) one of the legal fees, registration, filing of claims, the opening of the national phase, for publication, the review has not been paid, the amount and within the time limits provided by law and by the rules of application of this law;
  

g) patent application in respect of which it has acted and for which has not been paid within the period prescribed by the regulations, publication fee, printing and issuance of the patent.
  

(5) all decisions concerning applications for patent for invention shall be reasoned, shall be entered in the national register of patent applications filed, and shall be communicated to the applicant within one month from the date of making the ruling. In the same workbook may be entered and the particulars relating to patent applications which have been withdrawn or the particulars relating to declarations under which patent applications shall be deemed to be withdrawn, which also shall be communicated to the applicant.
  

(6) the decision granting the patent for invention or rejecting the patent application shall be published in the official bulletin of industrial property, within one month from the date on which the period expired as provided for by law for appeal and under the conditions laid down in the implementing rules of this law.
  

(7) judgment of public endorsement for the grant of the patent and, with the publication, release to the public the description and drawings of the patent, under condition of payment of the publication fee, printing and issuance of the patent.
  

(8) where the publication fee, printing and issuance of the patent is not paid within the period prescribed by law, the patent application shall be deemed withdrawn, and the patent shall be deemed granted.
  

(9) an order for the grant of the patent will take effect from the date of publication of the mention of it in the official bulletin of industrial property.
  

(10) in the case of decisions on the granting of a patent that contains classified information, after declassifying them apply paragraph 1. (7) and (9) of article 23. 22 paragraph 1. 4. (11) in the event of the death of the applicant natural person, or in the case of dissolution of the legal person applicant, the examination procedure shall be suspended until the submission of the OSIM to his successor in title, subject to the conditions laid down in the implementing rules of this law.
  

(12) where judicial procedures shall be established in respect of the right to a patent or to the right to the grant of the patent, the patent procedure shall be suspended until the judgment remains the definitive and irrevocable.
  

(13) the interested party will be notified for judgment pursuant to paragraph 4. (12). Article 28 (1) OSIM may proceed ex officio to revoke its decisions, for failure to comply with the conditions laid down in this law, until their communication.
  

(2) If under OSIM finds reasonable evidence that the applicant other than the inventor, is not entitled to the grant of the patent, may be made to the communication of the judgment taken, without exceeding a period of 6 months from the date thereof; If within that period the claimant cannot prove that it has the quality of the person entitled to the grant of the patent, the decision to grant is revoked pursuant to paragraph 1. (1) the patent application shall be rejected.
  


Article 29 (1) the patent for invention is granted by the Director general of OSIM, by virtue of the judgment granting it. For the european patent for INVENTIONS and patent validity in Romania shall certify, in accordance with the law.
  

(2) the date of issue of the patent of invention is the date on which the mention of the grant is published in the official bulletin of industrial property.
  

(3) patents shall be entered in the national register of patents.
  

(4) if the conditions laid down by law, european patent for invention shall be entered in the national register of patents.
  


Article 30 (1) the duration of the patent for invention is 20 years from the filing date.
  

(2) For the european patent for the duration provided for in paragraph 1. (1) run from the date of the establishment of the legal deposit of the patent application, in accordance with the european patent Convention.
  

(3) medicinal products or plant protection products patented a supplementary protection certificate under the terms of Regulation (EEC) No 2092/91. 1.768/92 of 18 June 1992 on the creation of a supplementary protection certificate for medicinal products and Regulation (EC) No 1782/2003. 1.610/96 of the European Parliament and of the Council of 23 July 1996 on the creation of a supplementary protection certificate for plant protection products.
  


Chapter IV rights and obligations Article 31 (1) the patent for invention confers on its proprietor an exclusive right to exploit the invention on its entire duration.
  

(2) it is prohibited without the consent of the holder of the carrying out of the following documents: a) making, using, offering for sale, selling or importing for the purpose of using, offering for sale, sale times where the subject-matter of the patent is a product;
  

b) using the process, and using, offering for sale, selling or importing for those purposes the product obtained directly by means of the patented process, where the subject-matter of the patent is a process.
  

(3) the extent of the protection conferred by the patent or patent application is determined by the contents of the claims. At the same time, description and drawings of the invention to the interpretation of claims.
  

(4) for the period up to the grant of the patent, the extent of the protection conferred by a patent application shall be determined by the claims published under art. 22. (5) the patent as granted was modified in times of procedure for revocation or annulment in part determine retroactively the protection conferred by the patent application, insofar as it has not been extended.
  

(6) for determining the extent of protection conferred by the patent shall take account of any equivalent item an item specified in the claims. If the subject-matter of the patent is a process, the protection conferred by the patent extends to the product obtained directly by means of the patented process.
  

(7) the protection conferred by a patent relating to biological material having specific characteristics extend to any materials derived, on the basis of the one patented by reproduction or multiplication, in the form identical to the differing times and with the same characteristics.
  

(8) the protection conferred by a patent relating to a process allowing the production of a biological material having specific characteristics extend to biological material directly obtained through that process, over any other biological material derived from the biological material directly obtained through that process and to any other material obtained from the basis of biological material directly obtained by reproduction or multiplication, in the form identical to the differing times and possessing those same characteristics.
  

(9) the protection conferred by a patent on a product containing or consisting of genetic information-genetic information extends to any other material in which the product is incorporated and in which the genetic information is contained and shall exercise its function, with the exception of the human body in various stages of training times.
  

(10) the protection provided for in paragraph 1. (7) to (9) shall not extend to biological material obtained by reproduction or multiplication of biological material placed on the times offered for sale on the territory of Romania by the holder of the patent or with his consent, when replication times multiplication necessarily stems from the use for which the biological material was put on the market, provided that the material obtained may not be used for other propagation or multipliers.
  


Article 32 With effect from the date of publication of the patent application, in accordance with the provisions of art. 22 paragraph 1. (1) to (3), the application shall ensure that the applicant, by way of the provisional protection conferred according to the provisions of article 3. 31. Article 33 (1) shall not constitute violation of the rights provided for in art. 31 and 32: a) use in inventions and in the operation of land vehicles, aircraft, and vessels or the operation thereof, the Member States of international treaties and conventions concerning inventions to which Romania is a party, when these vehicles or ships entering Romanian territory temporarily or accidentally, provided that this use is to be made exclusively for the needs of vehicles or vessels;
  


b) any of the acts referred to in article 1. 31 para. (2) a person who has applied to patent the subject matter of the invention or patent application, as it was published, the times has taken effective measures and serious for the production or use of his in good faith on the territory of Romania, regardless of its holder, and prior to the lodging of a deposit or regular national filing concerning the invention before the date from which flows the period of priority; in this case the invention can be used further by that person, in volume at the time of filing or recognized priority, and right of use cannot be transferred except with the person's heritage with a fraction of the affected heritage of exploitation of the invention;
  

(c) carrying out any of the acts). 31 para. (2) solely in the private and non-commercial purposes; producing or, as appropriate, the use of the invention solely for private and non-commercial purposes;
  

d) marketing or offering for sale within the European Union of those copies of the product, object of the present invention, which were previously sold by the holder of the patent or with his express consent;
  

e) use for experimental purposes, exclusively non-commercial character, the object of the invention patented;
  

f) use in good faith or effective measures and serious use of invention by third parties within the period of the revocation of the patent holder and revalidation patent. In this case the invention can be used further by that person, in volume at the time of publication of the mention revalidării, and right of use cannot be transferred except heritage of the person using the invention with a fraction of that is affected by the exploitation of the invention;
  

g) exploitation of the invention by third parties or any part of it in which protection has been renounced.
  

(2) any person who, in good faith, uses the invention or has made effective and serious preparations for using the invention, provided that this use constitutes an infringement of the patent application or patent in the original translation may, after the corrected translation takes effect, continue use of the invention in his undertaking, or for the needs thereof without payment and without exceeding the volume of existing at the time the initial translation has taken effect.
  


Article 34 (1) the inventor shall have the right to mention his full name and the capacity in the patent issued, in the book of job), and in any documents or publications concerning his invention.
  

— — — — — — — — * Note) see article. 279 of the law nr. 53/2003-labour code, republished, with subsequent amendments and additions.

(2) where the holder is none other than the inventor, the latter shall be issued a duplicate of invention patent.
  

(3) At the specific request of the inventor, the name and surname not be published; This request is subject to payment of the tax laws.
  


Article 35 in the case of revocation of the patent holder. 40 para. (3), the holder may request the revalidation of patent for INVENTIONS and duly justified reasons, within a period of 6 months from the date of publication of the cancellation. Within 60 days of registration upon the application of INVENTIONS and revalidate decides, under condition of payment of the tax laws. The mention of the patent shall be published in revalidării the official bulletin of industrial property within 30 days of any final and irrevocable judgment.


Article 36 (1) the holder may disclaim, in whole or in part, to the patent on the basis of a declaration by registered at OSIM.
  

(2) in the case of inventions, the patent holder is required to notify the inventor's intention to surrender the patent; at the request of the inventor, the holder is obliged to transmit to the latter's right to the patent, and records in relation to the patent, provided that the employee of the employer to grant a non-exclusive licence for the patented invention. The conditions for the grant of non-exclusive license shall be established by specific provisions of the rules of procedure of the employer. In the absence of such specific provisions, conditions shall be determined by agreement of the parties.
  

(3) If the patent has been the subject of a license contract, the surrender is possible only with the consent of the licensee.
  

(4) the invention or part of it, to whose protection was dropped, can be freely operated by third parties.
  

(5) to a patent granted in respect of inventions which contain classified information according to the provisions of art. 38 para. (2), the holder may only be dispensed after declassifying information and publication concurrently to grant patent for invention and the description, claims and drawings of the invention patented under the provisions of art. 27(2). (6) (6) the surrender shall be registered at OSIM in the national register of patents and shall take effect from the date of its publication in the official bulletin of industrial property.
  


Article 37 (1) In proceedings before the application is made, transferee applicant for, or holder of, or an other person may be represented by a professional representative, under a power of Attorney registered with OSIM, under the conditions and within the time limits laid down in the implementing rules of this law.
  

(2) For the aforementioned persons, who do not have their residence or headquarters on the territory of Romania, representation by an agent is required, with the following exceptions, cases in which it may act on their own behalf: a) the registration of a patent application, for the purposes of the filing date of the award;
  

b) payment of a fee;
  

c) lodging children on a previous application;
  

(d) a notice of release) for INVENTIONS relating to any proceedings referred to in a), b) and (c)).
  

(3) the fee for the maintenance in force may be paid by any person.
  

(4) in the case of cancellation, the proxy agent does not have the effect of the signature of the signature of the applicant, holder or other interested persons who have appointed him.
  


Article 38 (1) the invention covered by the patent application filed with OSIM may not be divulged without the consent of the applicant, up to its publication, and has established a special law until publication.
  

(2) the information in the field of defence or national security contained in a fabrication created on the territory of Romania, the object of an application for a patent for invention, can be classified by law as State intelligence; in this case, the applicant shall be notified of the institution which has classified information and may benefit, under contract, by the granting of a compensatory allowance on behalf of this institution, under the conditions laid down in the implementing rules of this law.
  

(3) information classified as State secrets may be declassified only institution which he has assigned to that character.
  


Article 39 (1) Patenting abroad of inventions created by Romanian natural persons on the territory of Romania shall be made only after registration of the invention patent application at OSIM.
  

(2) in the case of inventions that contain State secrets, patenting abroad may be made only if the information has been declassified under art. 38 para. 3. (3) for the purposes of patents abroad of inventions referred to in paragraph 1. (1) patent applicants or licensees of Romanians are eligible for financial support, according to the law.
  

(4) Certification of inventions referred to in paragraph 1. (1) bring to the attention of the OSIM by individuals of Romanian which have created or their successor in title.
  

(5) For lodgement international patents of inventions in other States, in accordance with the provisions of the Treaty on cooperation in the field of patents, INVENTIONS and acts as a receptor Office.
  


Article 40 (1) the procedures carried out by OSIM on applications for patent for invention and patent of invention under this law and implementing rules thereof are subject to the fees in the amounts and within the time limits laid down by law.
  

(2) throughout the period of validity of the patent for invention the holder of the maintenance fee due annually in force of the patent.
  

(3) failure to pay these fees forfeiture of the rights holder draws arising out of patent. Forfeiture of rights holder shall be entered in the national register of patents and published in the official bulletin of industrial property. Maintenance fees in force may be paid in advance and, subject to the conditions laid down in the rules of application of this law, for a period which may not exceed 4 years.
  

(4) fees payable by natural or legal persons in foreign currency, shall be paid into the account.
  

(5) Appeals involving the only shifting some material errors or omissions are not subject to the payment of fees.
  


Article 41 (1) the applicant or patentee that serious reasons was unable to observe a time limit in proceedings in front of OSIM is reinstated in the previous situation, where a reasoned request within two months of the removal of the case that it was too late to act, but not later than one year after the expiry of the unobserved time limit.
  

(2) the provisions of paragraphs 1 and 2. (1) does not apply if the legal time limits have not been observed in the following situations: (a) the priority claim, according to) art. 19 para. (5) or (6) and article. 21. (1);
  

(b) submission of the translation of the description), claims, or drawings under article. 15 para. (1);
  

c) registration fees and making a documentary report, pursuant to article 5. 40 para. (1);
  

d) filing of an application for revocation in accordance with art. 49;
  


e) overdue for Division of an application for a patent, as referred to in art. 18 paragraph 1. (2);
  

f) overcoming the deadline for the submission of a new application for a patent, in accordance with art. 63 para. (2) (a). b);
  

g) fees for maintaining the patent in force.
  

(3) the provisions of paragraphs 1 and 2 also. (1) does not apply in the circumstances referred to in article 1. 27(2). (2) (a). e) and (f)), para. (4) (a). d) and (e)) and art. 48. (4) the request for reinstatement in the previous situation will be subject to the payment of a fee in the amount prescribed by the regulations for the filing of an appeal, except in the case provided for in article 10. 27(2). (4) (a). (b)), for which charges are made.
  


Chapter V rights in Article 42 (1) the right to the patent, the right to the grant of the patent and the rights arising from a patent may be transferred in whole or in part.
  

(2) the transmission can be done through assignment or through exclusive or non-exclusive license, or by testamentary succession legal times.
  

(3) Transmission takes effect against third parties only from the date of its publication in the official industrial property Bulletin of OSIM transmission recorded mention.
  


Article 43 (1) at the request of any person interested in Bucharest may grant a Tribunal compulsory license upon expiration of a period of four years from the filing date of the patent application or three years from the grant of the patent, the reckoning is the term which expires at the latest.
  

(2) the provisions of paragraphs 1 and 2. (1) applies only if the invention has not been applied or was insufficiently applied on Romanian territory, and the patent holder is unable to justify its inaction and unless it has reached a settlement with him concerning the conditions and detailed rules for the application of commercial invention.
  

(3) the Court will permit the compulsory license if you will appreciate, on the basis of data, circumstances that, although the claimant has made every effort, it has not reached a settlement in a reasonable time.
  

(4) outside the situations listed in paragraph 1. (2) a compulsory license may be authorised by the Bucharest Court: a) in emergency situations;
  

(b)) in other situations of extreme urgency;
  

c) in public use for non-commercial purposes.
  

(5) the compulsory licensing for any of the grounds referred to in paragraph 1. (4) does not require the fulfilment of the conditions mentioned in paragraph 1. (2) However, the licensee will notify the applicant or patent holder about the authorization given by the Court, in the shortest time.
  

(6) in cases of public non-commercial use, the Government or third parties authorized by it, when they know or have demonstrable grounds to know if a valid patent is or will be used by the Government or third parties, the patent holder will announce about its use in a timely fashion.
  

(7) where a patent cannot be exploited without prejudice to the rights conferred by a patent, granted for the other a patent application whose filing date is earlier than the regular national filing, a compulsory license for exploitation of the patent at a later stage will be authorized only if they are met, the following additional conditions are cumulative: a) the invention claimed in the later patent involves an important technological breakthrough substantial economic interest in relation to the invention claimed in the patent;
  

b) previous patent holder shall be entitled to a cross-licence on reasonable terms to use the invention claimed in the later patent;
  

c) use authorised in relation to the earlier patent is non-transferable, unless that is transmitted and the patent at a later date.
  


Article 44 (1) Compulsory Licenses are non-exclusive and is granted by the Bucharest Tribunal, under conditions to be determined in relation to the extent and for the duration thereof, and the level of remuneration due the holder of the right, laid down in relation to the commercial value of licences granted.
  

(2) the licensee may be obligatory or third parties including Government authorized it.
  

(3) Compulsory Licenses shall be authorized predominantly for the supply of the market.
  

(4) the extent and duration of the compulsory licensing will be limited to the purposes for which they were authorized. In the case of inventions in the field of semiconductor technology, the licence will be granted only for non-commercial public purposes or to remedy a practice determined as being anticompetitive, as a result of a judicial or administrative procedure.
  

(5) where the holder of a patent for plant variety cannot exploit without prejudice to an earlier patent, he may request a compulsory license to this patent protected invention.
  

(6) where the holder of a patent concerning a biotechnological invention cannot exploit it without prejudice to a plant variety patent above, he may request a compulsory license for exploitation of the plant variety protected by patent.
  

(7) where a compulsory licence is authorized to correct an anticompetitive practice, the provisions of article 7 shall not apply. 43 para. (3) and (4) and art. 44 para. (3) compulsory License. Article 45 is not transmissible than together with that part of the enterprise or with the goodwill which enjoys such use.


Article 46 (1) at the request of motivated, interested person, the Court may withdraw the compulsory license in Bucharest, when the circumstances which led to its grant have ceased to exist, provided that the legitimate interests of the person who has acquired it to be protected in an appropriate manner. The licence will not be revoked if the circumstances that gave rise to the granting of its likely to happen again.
  

(2) decisions of the Bucharest Tribunal authorizing the use of a compulsory licence, as well as those relating to the remuneration provided for in relation to its use are not subject to any appeal to the Court of appeal.
  


Article 47 court decisions relating to the granting of definitive and irrevocable or, where appropriate, the withdrawal of the compulsory license shall be made by the person concerned at OSIM, who entered in the national register of patent applications times, as appropriate, in the national register of patents and public endorsement of those judgments in the official industrial property Gazette within one month of receipt.


Chapter VI rights relating to inventions in article 48 (1) any decision taken by the examination Board can be challenged at OSIM within 3 months of the communication.
  

(2) the appeal may object and a limitation of the patent, under the conditions laid down in the implementing rules of this law.
  


Article 49 (1) everyone has the right to comment in writing and reasoned OSIM a request for revocation of the patent for invention, within six months of publication of the mention of grant, where the subject-matter of the patent: (a)) is not patentable, under art. 6 to 9, 11 and 12;
  

(b) the patent does not disclose the object) the invention sufficiently clearly and completely so that a person in the field to carry;
  

(c) the subject-matter of the patent) exceeds the content of the application as filed.
  

(2) If the grounds for revocation relates only to part of the patent, it will be revoked in part.
  


Article 50 (1) the notice of opposition or, where applicable, the application for revocation shall decide, within three months of its registration at the OSIM, by a Committee of review of the Department's calls within OSIM *).
  

— — — — — — — — * Note) see Judgment No. 573/1998 on the Organization and functioning of the State Office for inventions and trademarks, published in the Official Gazette of Romania, part I, no. 345 from September 11, 1998, as amended.

(2) the functions of the Commission for a review and the procedure for resolving complaints and requests for revocation are laid down in the implementing rules of this law.
  


Article 51 (1) A patent granted by OSIM, as well as a european patent with effect in Romania may be cancelled upon request, if it is found that: (a) the subject-matter of the patent) is not patentable, under art. 6 to 9, 11 and 12;
  

(b) the patent does not disclose the object) the invention sufficiently clearly and completely so that a person in the field to carry;
  

(c) the subject-matter of the patent) exceeds the content of the application as filed;
  

d) patent protection conferred has been extended;
  

e) patent holder was not entitled to the grant of the patent.
  

(2) where the grounds for cancellation relate only to a part of the patent, it will be cancelled.
  

(3) the patent Cancellation will take effect retrospectively, as from the date of filing.
  


Article 52 (1) the request for cancellation may be made after expiry referred to in art. 49, where it can be made an application for revocation, except as listed in article 7. 51 para. (1) (a). d) and (e)), for the duration of the validity of the patent, and the judge of the Court of first instance. The Bucharest Tribunal rulings can be appealed at the Bucharest Court of appeal within 30 days of receipt.
  

(2) decisions of the Bucharest Court of appeal can be appealed to the appeal the High Court of Cassation and justice within 30 days of the communication.
  

(3) a judgment declaring a final and irrevocable OSIM shall be recorded by the person concerned.
  

(4) decision shall be published in the official bulletin of industrial property within 60 days after the registration of the judgment.
  


Article 53


(1) failure to comply with one or more conditions of the form of the application for patent for invention cannot constitute grounds for revocation of the time of cancellation, in whole or in part, of an invention patent, except where this is the result of a fraudulent intention.
  

(2) a patent may not be revoked or cancelled in whole or in part, without the holder should have the opportunity to submit observations on the revocation or cancellation and bring in a reasonable changes or corrections admitted by law and the rules of application of this law.
  


Article 54 (1) Commission decision of re-examination, motivated, shall be communicated to the parties within 30 days of delivery and can be contested with opposition to the Bucharest court within 30 days of the communication.
  

(2) decisions of the Bucharest Tribunal may be appealed only with appeals to the Court of appeal.
  

(3) the decision granting Device patent for invention, taken by the Commission for review, and the final and irrevocable judgment device handed down by the Court shall be entered in the national registers and shall be published in the official bulletin of industrial property within 60 days from the date of registration thereof to OSIM by the person concerned.
  

(4) forms part of the national registers for changes as a result of a definitive and irrevocable court decision and shall publish them in the official bulletin of industrial property within 60 days from the date of registration thereof to OSIM by the person concerned.
  


Article 55 (1) Appropriation without, in any way, the quality of inventor constitutes infringement and is punishable with imprisonment from 3 months to 2 years or by a fine.
  

(2) eliminate criminal liability At.
  


Article 56 (1) violation of the provisions of art. 31 para. (2) the offence constitutes infringement and is punishable with imprisonment from 3 months to 2 years or by a fine.
  

(2) eliminate criminal liability At.
  

(3) for the damage caused, the beneficiary of a license holder times is entitled to compensation, according to common law, and may request the competent court to order the seizure or, if appropriate, the destruction of counterfeit products. These provisions shall also apply to the materials and equipment that were used directly in committing crimes.
  

(4) violation of the rights provided for in art. 31 para. (1) a third party after publication of the application for patent for invention draws for guilty persons the obligation for compensation according to common law, the title for the payment of damages being enforceable after issuing the patent.
  

(5) Notwithstanding the provisions of article 4. 31 para. (1) the acts referred to in articles. 31 para. (2) a third party prior to the date on which the publication of the patent application or the date on which the applicant has made a claim, together with a certified copy of the application for patent for invention, are not considered to be prejudicial to the rights conferred by the patent.
  


Article 57 if the acts referred to in article 1. 31 para. (2) continue to be made, and after formal notice, the Court, on application, may order the cessation thereof pending by OSIM, a ruling with respect to the application. This measure may be ordered with the payment by the applicant of a security established by the Court.


Article 58 (1) In case of violation of the right of the proprietor of a patent, the procedure referred to in article 1. 31 para. (2) (a). (b)), the burden of proof in establishing that the procedure used to obtain an identical product is different from the patented process involves the person alleged to have violated this right.
  

(2) for the purposes mentioned in paragraph 1. (1), any identical product that was made without the consent of the patent holder will be deemed to be evidence to the contrary to have been obtained by the patented process in at least one of the following circumstances: a) if the product obtained by the patented process is new;
  

b) if there is a substantial likelihood that the identical product was obtained through the process concerned and the holder of the patent has been unable despite reasonable efforts, to determine what process was actually used.
  

(3) The submission of evidence to the contrary by the proprietor of the patent shall take account of the legitimate interests of manufacturing secrets and commercial secrets of the person presumed that violated the rights of the holder.
  


Article 59 (1) Disclosure by staff of OSIM, as well as by persons who carry out work in relation to the inventions of the particulars contained in patent applications until they are published constitute offence and is punishable with imprisonment from three months to three years or by a fine.
  

(2) OSIM shall be responsible towards the inventor for damage as a result of the offence referred to in paragraph 1. 1. Article 60 (1) Disputes about the quality of the inventor, as the holder of the patent or other rights arising from the patent, including the patrimonial rights of the inventor of the contracts of assignment and license, within the competence of the courts.
  

(2) the claimant shall communicate at OSIM judgment within 30 days from the date it has remained the definitive and irrevocable, to be entered in the national register of patent applications filed or the national register of patents and published in the official bulletin of industrial property. In the absence of publication in the official bulletin of industrial property, shall not be relied on as against third parties.
  


Article 61 (1) if the holder of a patent for invention or holders of an industrial property right protected by a patent granted by the Romanian State and their successors in law, held between 6 March 1945-22 December 1989, which have been violated economic rights conferred by patent by exploiting the invention misused, without the consent of the proprietor or by any facts of infringement of its rights , or any other person who is engaged in the industrial property law with the consent of the proprietor furnish proof that its right of credible industrial property is protected by a patent is the subject of illegal actions, present or imminent and that this action is likely to cause damage difficult to repair may ask the Court to take provisional measures.
  

(2) the Court may order in particular: (a) a breach or termination) banning them;
  

b) take the necessary measures to preserve evidence. Are applicable to the provisions of Emergency Ordinance of Government No. 100/2005 regarding the enforcement of industrial property rights, as amended by law No. 280/2005, with subsequent amendments and additions.
  

(3) the procedural provisions applicable are contained in the provisions of the code of civil procedure relating to precautionary measures in the field of intellectual property rights.
  

(4) provisional measures may be ordered against an intermediary whose services are being used by a third party to infringe a right protected by this law.
  


Article 62 (1) the Customs authorities may, either ex officio or at the request of the proprietor of the patent, the suspension of customs clearance for the import, export or entry for a suspensive procedure of goods covered by article 2. 56 para. (1) and (2) the Customs Powers relating to enforcement at the border of patent rights belong to the national tax administration Agency), pursuant to law No. 344/2005 on measures to ensure respect for intellectual property rights in customs clearance operations.
  

— — — — — — — — — * Note) see Government Emergency Ordinance nr. 74/2013 concerning measures for improvement and reorganization of the work of the national tax administration Agency, and for the modification and completion of some legal acts published in the Official Gazette of Romania, part I, no. 389 of 29 June 2013, with subsequent amendments and additions.


Article 63 (1) where by a judgment is satisfied that a person other than the one given in the patent of invention is entitled to the grant of the patent, OSIM shall issue the certificate to the person entitled and shall publish the change of the owner.
  

(2) If, prior to the granting of the patent for invention OSIM, by a court is satisfied that the right to the patent belongs to a person other than the applicant, the person to whom this right has been recognized may, within 3 months from the date of remaining final and irrevocable judgment and under the conditions laid down in the rules of application of this law: a) to continue the procedure in place of the applicant relating to the patent application filed for a request;
  

b) to submit a new application for a patent for the same invention. For items that do not extend the content of the original application filed in compliance with the provisions of art. 18, the original application is declared by OSIM as being deemed to be withdrawn with effect from the date of filing of the new requests;
  

c) require rejection of the application.
  


Article 64 (1) At the request of the Court, OSIM shall submit statements, documents and information necessary for the prosecution of the case with which it was endowed, recovering these acts in the final. Attendance in court will only be made to that end.
  

(2) applications in the field of industrial property rights shall be exempt from fees.
  


Chapter VII Powers of the State Office for inventions and trademarks relating to inventions Article 65


OSIM is the specialized body of the central public administration in the Government *), with unique authority on the territory of Romania in the field of protection of industrial property, in accordance with the law and with the provisions of international treaties and conventions to which the State is a party.
— — — — — — — —-* Note *); 13 of the Government Emergency Ordinance nr. 25/2007 laying down measures for the reorganization of the work of the Government, approved with amendments and completions by law No. 99/2008, with subsequent amendments and additions, in line with the provisions of governmental decision nr. 47/2013 on organisation and functioning of the Ministry of the economy, published in the Official Gazette of Romania, part I, no. 102 of 20 February 2013, corrected, with subsequent amendments and additions, the State Office for inventions and trademarks of Government coordination of the Prime Minister in the Ministry of economy.


Article 66 in the field of inventions, OSIM shall have the following duties: a) industrial property policy co-ordinates in Romania;
  

(b) public records) examines patent applications, for the grant of the patent and the invention of its issue;
  

(c)) shall be deposited with the National Register of patent applications filed and of the national register of patents in which shall be entered particulars relating to patent applications and patents;
  

d) is for receiver applications Office patent registered by international applicants, in accordance with the provisions of the Treaty on cooperation in the field of patents;
  

e) manages, preserves and develops, through international trade, the national collection of descriptions of the invention and computer database in the field of biotechnological inventions, on any kind of informational support;
  

f) performs on demand services of mediation and information services technical descriptions of inventions and of Romanian and foreign industrial property official publications, as well as nepublic storage of documents containing solutions of nature unpatentable under article 4. 7 para. (1);
  

g) certifies and authorizes the industrial property advisers, keep track of their national register whose depositary is also periodically publish data from the register;
  

h) co-operates with governmental and intergovernmental organizations and similar international organisations to which the State is party;
  

I) organises training courses for training and improvement of specialists in this field;
  

j) Edit and publish regularly in the official industrial property Bulletin data concerning patent applications and the patent.
  


Chapter VIII transitional and final Provisions Article 67 patent applications registered at OSIM according to law nr. 62/1974 *), which has taken the decision for acceptance or rejection, deciding under the provisions of this law.
— — — — — — — — * Note) Law No. 62/1974 on inventions and innovations, published in Official Gazette No. 137 of 2 November 1974, was repealed by law No. 64/1991 on patents of invention, published in the Official Gazette of Romania, part I, no. 212 of 21 October 1991. Art. 70, become art. 74 in the form of law No. republished 64/1991 in the Official Gazette of Romania, part I, no. 752 of 15 October 2002, was repealed by article. I, section 70 of Act No.. 28/2007 modifying and completing law No. 64/1991 on patents for invention.


Article 68 (1) patents of invention, improvement, including those granted before entry into force of the present law and valid in the territory of Romania shall have the term of protection laid down in article 21. 30. (2) for the duration of the validity of the patent of improvement in the operation of the invention will be made in accordance with the provisions of art. 43 para. 7. (3) the rights of inventors, inventions as to the proper money for patented, applied, partly rewarded or nerecompensate until the date of entry into force of this law shall be negotiated between the inventor and invention unit applied. In these cases, the negotiation will start from the inventor's rights due to the monetary maximum provided for in applicable law from the date the patent application was filed. In case of misunderstanding between the parties, the rights will be established according to the money. 60. (4) the right to the patent for invention shall be sent to the inventor by operation of law, in cases where the date of entry into force of the present law firm became titular legal effect under article assignment. 14 of law No. 62/1974 *) has not applied the invention or has not taken the necessary measures to implement them.
  

— — — — — — — —-* Note *) Law No. 62/1974 on inventions and innovations, published in Official Gazette No. 137 of 2 November 1974, was repealed by law No. 64/1991 on patents of invention, published in the Official Gazette of Romania, part I, no. 212 of 21 October 1991.


Article 69 patent in force represents intangible assets and recorded in the assets of the holder is a legal person.
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