THE PATENTING PROCEDURE IN ROMANIA

THE APPLICANT:

• Sends a request to INVENTA Agency, which must include the name or/denomination of the company, the exact address, the inventors’ name, and the invention’s title.
• Signs the power of attorney for the representation to OSIM.
• Signs the services contract if the applicant is a Romanian citizen.
• Transmits to INVENTA Agency the description of the invention from which to result one or more samples of the invention production, and, shortly, what are considered to be the innovative elements; if he is aware of anything of the technical stage, he will indicate the acknowledged solution through the respective bibliography or through the number of the patent for invention.

INVENTA:

• As a result of the applicant’s request, sends to the applicant the warranty and the services contract
• Elaborates the description of invention and the brief.
• Elaborates the patent application.
• Files the patent application at OSIM, along with the description and the brief.
• Sends to the applicant an original copy of the proof that the application was registered to OSIM, from which to result the registration date and number.
• Pays the official registration fees of the application and publication.
• Receives from OSIM and sends to the applicant the OSIM DECISION of constituting the national regulated deposit.
• Elaborates the answer to the remarks in the decree, if the case, and sends it to OSIM (with the applicant’s approval).
• Elaborates the publication brief and signs it after the applicant’s approval.
• Elaborates the answer to the base examiner’s remarks (examinatorului de fond) (with the applicant’s approval).
• Pays the official fee for the base examination of the invention (examinarea in fond).
• Elaborates answers to the oppositions of the examiner regarding fore documents, form the technical stage (with the applicant’s approval).
• Receives and sends to the applicant the documents and notifications from OSIM, in original copy, along with letters in which explains the applicant the action undergone by OSIM and the agency’s point of view.
• Restates the description of invention according to all OSIM observations and notifications, thus making possible for this description to be presented to the OSIM’s Examining Commission, which takes the final decision.
• Pays the emission fee for the patent and the fees for its first 3 years validity, if the Examining Commission decides to agree on the patent for invention. The Commission’s decision is forwarded to the applicant, in original copy.
• Receives the patent for invention from OSIM, and forwards it to the assignee, in original copy.
• Elaborates, when the case, the responses to the oppositions of third parties regarding the release of the patent for invention, and supports the applicant’s interests at the Litigation Commission of OSIM (Comisiei de Contestatii).
• Keeps the annual due terms schedule for the payment of the validity for the patent for invention, and makes the payments to OSIM in due legal terms.
• Provides consultancy for the applicant, or for the assignee, regarding the elaboration of the cessions and licenses which he is willing to grant to third parties, and elaborates the cession or license contracts; participates, at the applicant’s, or assignee’s, request, in the negotiation of cession or license contracts.

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