In all the situations in which the applicant is a Romanian natural or juridical person and requests the protection for an invention in other state, he is obliged by the Romanian law to firstly file a patent application in Romania , at OSIM.
The applicant for the protection abroad must assign a counselor in industrial property – with the legal right to practice patenting – to represent his interests abroad; the consultant will undertake all the necessary measures and will elaborate the necessary documentation for the filing of the patent application according to the national legislation of that particular state, or according to the provisions stipulated by the European Patent Convention, or according to the provision stipulated by the Patent Cooperation Treaty (PCT).
The operational ways for the patenting abroad of the inventions are the following:
• DIRECTLY AT THE NATIONAL OFFICE of the state where the applicant is interested to obtain the patent for invention
• USING PCT WAY, through the filing of the international application at OSIM as a receptor office
• DIRECTLY, or THROUGH OSIM, at the EUROPEAN PATENT OFFICE, through filing a European application.
The filing of the applications for the protection abroad, invoking the priority of a first deposit in Romania or in other state (for the foreign citizens and companies), may be done only within 12 months from the deposit date whose priority is invoked, and only on the basis on a priority certificate released by the administration where the first patent application have been filed.
The Counselors in Industrial Property from Romania are authorized to represent the Romanian and foreign applicants and assignees, at the European Patent Office.