TYPES OF PATENTS IN ROMANIA AND THEIR LENGTH
The patent for invention obtained nationally through the direct filing to OSIM, of the patent application, obtained on the basis of Law 64/1991 or of the former law, prior to 1991; the validity of these patents is of 20 years starting with the date of the national regulated deposit made at OSIM.
The European patent extended in Romania, obtained on the basis of the Agreement between the Romanian Government and EPO, prior to Romania becoming an EPO member; the validity of these patents is of 20 years, starting with the date of the national regulated deposit made at the European Patent Office – Munich, DE.
The European patent valid in Romania, obtained on the basis of the European Patent Convention, in which Romania has been taking part starting with 01.03.2003; the validity of these patents is of 20 years, starting with the date of the national regulated deposit made at the European Patent Office, Munich, DE
The patent with transitory protection, obtained on the basis of Law 93/1998; the validity of these patents is of maximum 20 years starting with the date of the reference patent deposit, whose effects were acknowledged in Romania .
Starting with the date when Romania becomes a member of the European Union, the validity of the patents which have as subject a chemical medicinal compound, or a pharmaceutical composition, may be extended with maximum 5 years only for that active therapeutic compound or for that composition from the patent which makes the subject of a commercializing authorization of the medicine in Romania.
The validity of the patents in Romania is maintained during the above-mentioned periods only if the assignee pays to OSIM the validity maintaining official fees of the patent for invention. The non-payment of the validity maintaining fee leads to the patent elapse of the assignee on the Romanian territory, an elapse which is published in the Official Bulletin of Industrial Property of Romania.
The re-validation of the patent for invention after the publication in BOPI is possible only after 6 months from the publication of the elapse, through a validation application addressed to OSIM.
THE ELAPSED PATENTS are non-effective in Romania , as they are encompassed within the public domain, and the assignee loses the exclusive right to use the invention.