Starting with the publication date, in Romania, of the patent application, the applicant is ensured, temporarily, with protection until the emission of the OSIM decision, except the cases in which the patent for invention was rejected, inactive or declared as inactive.

If the patent was assigned by OSIM, starting with the date of the regulated deposit of the patent for invention, the assignee has an exclusive right over the exploitation of invention, which means:

  • For the product which makes the object of the patent: producing, using, commercializing, selling or importing for using, commercializing or selling of the product
    For the procedure or utilization which makes the object of the patent: using the claimed procedure or utilization, as well as commercializing, selling, or importing, for this purposes, the product obtained directly through the patented procedure.
  • The period of the protection granted through the patent is determined by the content of the claims. At the same time, the description and the designs of the invention serve to the interpretation of the claims. In order to determine the period of the protection granted through the patent, it will be taken into account any element which is the equivalent of an element specified in the claims.

The loss of the exclusive right for exploiting the invention by the patent assignee may be determined by:

  • The assignee’s decision to renounce on the patent for invention, on the basis of a written declaration, registered to OSIM; if the invention is an office invention, the assignee is obliged to communicate the inventor his renouncement decision; at the inventor’s request, the assignee is obliged to transmit him the right upon the patent. If the patent was the object of a license contract, the renouncement is possible only with the agreement of the license beneficiary.
  • The elapse from rights as a result of the non-payment of the validity maintaining fees of the patent.
  • The total or partial annulment of the patent for invention by the Bucharest Courthouse, at the request of a third interested person.
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