PATENT LEGISLATION IN ROMANIA
The main legal provisions
The object of an invention may be a product or a procedure from any technological field, including its utilization.
The inventions from the field of biotechnology are patentable;
The new chemical compounds are patentable, including the medicines or medicinal compositions;
The vegetal extracts are patentable, under the condition to be able to be prepared with certain chemical features;
The microorganisms are patentable, under the condition to have been already registered within an acknowledged international collection;
The selection inventions are patentable;
A biologic material from the natural environment or produced through any ethnic procedure is patentable;
An isolated element of the human body or the genetic methods or products, including the sequence or the partial sequence of a gene, even if the structure of that element is identical to the structure of a natural element.
The patenting conditions are the following:
· NOVELTY at international level, which means not to be comprised within the knowledge which had become accessible to the public through a written or oral description, through its using or through any other means,
· To imply an INVENTIVE ACTIVITY and
· To be susceptible of INDUSTRIAL APPLICATION
It can’t be assigned a patent for invention for the following:
a) the inventions whose commercial exploitation is in contradiction to the public order or the good morals, including those which are a damage for the health and life of the persons, animals and plants, and which are susceptible to bring serious damage to the environment, under the condition that this exclusion to depend not only on the fact that the exploitation is forbidden through a legal provision;
b) plant varieties and animal breeds;
c) the procedures essentially biological for obtaining plants and animals;
d) the inventions whose object is represented by the human body in various stages of its development, as well as the simple description of one of its elements, including the sequence or the partial sequence of a gene.
There are not considered as inventions the following:
a) the discovers, the scientific theories and mathematic methods;
b) the aesthetic creations;
c) the plans, principles and methods in practicing mental activities, regarding games or from within the field of economic activities, as well as computer programs;
d) information presentations.
The applicant for a patent for invention with effects in Romania may be any natural or juridical person, Romanian or foreign, resident in a member state of the Paris Convention or in a member state of the World Commerce Organization
The applicant must be the rightful person for the patent to be assigned, meaning the inventor / inventors or the person who is his successor of rights through his willing act (voluntary cession), or the juridical person assigned by the law, as in the case of inventions resulted from a research contract.
The applicants, foreign citizens, natural persons domiciled abroad, companies with the headquarters abroad, must be represented at OSIM by an industrial property consultant who has the legal right to practice his profession (member of the National Chamber of the Consultants in Industrial Property from Romania), on the basis of a warranty.
The inventor must be specified by the patent applicant in the patent application.
The protection documentation in Romania (application form + description + brief) must be performed in Romanian. There is the exception for the foreign persons, who may file the description and the brief in a foreign language (English, French, German, Russian) under the condition that within 2 months from the filing date to send to OSIM a conform translation in Romanian of the description and of the brief.
The request for priority in an application filed directly to OSIM must be made within the patent application form, by indicating the state, the number and the date and with the obligation of filing the priority certificate within 3 months from the date of the deposit made at OSIM.