Guide for Romanian Patent Application Process

Patent Trademark

Romania Profile

Romania is located at the junction of Central and Southeastern Europe, bordering the Black Sea. It is bordered by Hungary and Serbia to the west, Ukraine and Moldova to the east and north, and Bulgaria to the south. Romania is the ninth largest country in Europe by area and the seventh most populous in Europe, with aRead more

Romania Profile

Romania is located at the junction of Central and Southeastern Europe, bordering the Black Sea. It is bordered by Hungary and Serbia to the west, Ukraine and Moldova to the east and north, and Bulgaria to the south. Romania is the ninth largest country in Europe by area and the seventh most populous in Europe, with a population of 1.9 million. Romania is divided into 41 counties and the municipality of Bucharest. Each county is governed by a county council, which is responsible for local affairs and the execution of national affairs at the county level.

Romanian Intellectual Property Legal System

  • "Patent Law"
  • "Utility Model Law"
  • "Designs Act"
  • Law on Trademarks and Geographical Indications
  • The Plant Variety Protection Act
  • Copyright and Neighboring Rights Act
  • The Act to Protect the Topology of Semiconductor Products

International Organization/Agreement

  • Lisbon Agreement for the Protection of Appellations of Origin and Their International Registration
  • Singapore Treaty on the Law of Trademarks
  • Nairobi Treaty for the Protection of the Olympic Emblem
  • Patent Law Treaty
  • WIPO Performances and Phonograms Treaty
  • WIPO Copyright Treaty
  • Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure
  • The Strasbourg Agreement on the International Patent Classification
  • Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations
  • Convention for the Protection of Producers of Phonograms against Unauthorized Duplication of Their Phonograms
  • Trademark Law Treaty
  • Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks
  • Locarno Agreement Establishing an International Classification for Industrial Designs
  • Vienna Agreement Establishing an International Classification of the Figurative Elements of Marks
  • Nice Agreement on the International Classification of Goods and Services for the Purposes of the Registration of Marks
  • Hague Agreement Concerning the International Registration of Industrial Designs
  • Patent Cooperation Treaty
  • "Convention Establishing the World Intellectual Property Organization"
  • Berne Convention for the Protection of Literary and Artistic Works
  • Madrid Agreement on the International Registration of Marks
  • Paris Convention for the Protection of Industrial Property
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Filing Language
Romanian

申请流程 Application Process Flow

发明专利申请流程 Invention

Name of Patent Office

Romanian Patent and Trademark Office

English: State Office for Inventions and Trademarks, abbreviation: OSIM

Website: OSIM, EUIPO, WIPO registration, verification, terms and costs (inregistrare-marci.ro)

Romanian Invention Patent Search: ro.espacenet.com

Filing Language: Romanian

via Paris Conventionvia Nationalization of PCT

Necessary documents:

  1. Abstract
  2. Abstract Drawing
  3. Claim
  4. Specification
  5. Drawing

Necessary documents:

  1. Abstract
  2. Abstract Drawing
  3. Claim
  4. Specification
  5. Drawing

Attachments (if any)

  1. Sequence Listing (PDF format and TXT format)
  2. Deposited Receipt of Microorganism and Translation thereof
  3. Viability Statement of Microorganism and Translation thereof
  4. Power of Attorney
  5. Certified Priority Document
  6. Declaration of Ownership/Certification of Employment/Assignment of Priority
  7. Assignment for Patent Right Transfer

  8. Notification issued by CNIPA notify the applicant the application has passed through the security review.

    *Romania patent application documents need to be certified and notarized

 

Attachments (if any)

  1. WIPO Publication
  2. ISR/IPRP
  3. Amendments under Art. 19/34/28/41 at the time of the national phase entry
  4. Sequence Listing (PDF format and TXT format)
  5. Deposited Receipt of Microorganism and Translation thereof
  6. Viability Statement of Microorganism and Translation thereof
  7. Power of Attorney
  8. Declaration of Ownership/Certification of Employment/Assignment of Priority

  9. Assignment for Patent Right Transfer

    *Romania patent application documents need to be certified and notarized

20 years

  • via Paris Convention : 12 months from earliest priority date.
  • via Nationalization of PCT : 30 months from the earliest priority date.
  • via Validation of European Patent in EPO member states: within 3 months from the date of grant of the European patent.

OSIM conducts formality examination and substantive examination for invention patent applications. OSIM will issue a search report with a written opinion on patentability within 6 months, which will be published simultaneously with the patent application. The applicant shall file a request for substantive examination within 30 months from the filing date at the latest, and may file a request for expedited substantive examination within 18 months from the filing date. After substantive examination procedure, OSIM makes a decision of grant or rejection, and notifies the applicant within 1 month, and the decision will be announced after the one-month appeal period.

The novelty grace period is 6 months before the filing date/priority date.

2 years

  • Grant Fee: The applicant needs to pay the grant fee within 4 months after receipt of the granted and pay the annuity at the time of grant at the same time.
  • Annuity: The annuity is paid year by year starting from the 3rd year from the filing date. The overdue annuity can be paid within a grace period of 6 months. At the same time, 50% of the annuity of the current year is paid as a penalty.

Yes. Patent Office accepts requests for restoration of the right of priority, the specific standards need to consult OSIM.

No

No

Name of Patent Office

Romanian Patent and Trademark Office

English: State Office for Inventions and Trademarks, abbreviation: OSIM

Website: OSIM, EUIPO, WIPO registration, verification, terms and costs (inregistrare-marci.ro)

Romanian Utility Model Patent Search: ro.espacenet.com

Filing Language: Romanian

via Paris Conventionvia Nationalization of PCT

Necessary documents:

  1. Abstract
  2. Abstract Drawing
  3. Claim
  4. Specification
  5. Drawing

Necessary documents:

  1. Abstract
  2. Abstract Drawing
  3. Claim
  4. Specification
  5. Drawing

Attachments (if any)

  1. Power of Attorney
  2. Certified Priority Document
  3. Declaration of Ownership/Certification of Employment/Assignment of Priority
  4. Assignment for Patent Right Transfer
  5. Notification issued by CNIPA notify the applicant the application has passed through the security review.

  6. Power of Attorney

    *Romania patent application documents need to be certified and notarized

Attachments (if any)

  1. WIPO Publication
  2. ISR/IPRP
  3. Entry into the German national phase 19/28/34/41 amended
  4. Power of Attorney
  5. Declaration of Ownership/Certification of Employment/Assignment of Priority
  6. Assignment for Patent Right Transfer

  7. Original Power of Attorney

    *Romania patent application documents need to be certified and notarized

The initial protection is 6 years, and can be renewed for 2 times after the expiration, and the maximum protection can be 10 years.

  • via Paris Convention : 12 months from earliest priority date.
  • via Nationalization of PCT : 30 months from the earliest priority date.

OSIM only conducts formality examination for utility model patent applications. OSIM issues a search report within 6 months from the filing date, and attaches reference documents related to the prior art and novelty. The applicant may amend the patent application within 2 months from the receipt of the search report. The search report can be published at the time of granted or after granted at the request of the applicant/third party.

The novelty grace period is 6 months before the filing date/priority date.

  • Grant Fee: The applicant needs to pay grant fee within 4 months after receipt of the granted notice, and pay the annuity at the time of grant at the same time.
  • Annuity: The annuity is paid year by year starting from the third year from the date of application. The overdue annuity can be paid within a grace period of 6 months. At the same time, 50% of the annuity of the current year is paid as a penalty.

4-5 months

Yes. Patent Office accepts requests for restoration of the right of priority, the specific standards need to consult OSIM.

No

No

Name of Patent Office

Romanian Patent and Trademark Office

English: State Office for Inventions and Trademarks, abbreviation: OSIM

Website: OSIM, EUIPO, WIPO registration, verification, terms and costs (inregistrare-marci.ro)

Romanian Utility Model Patent Search: ro.espacenet.com

Filing Language: Romanian

Necessary documents:

  1. Pictures/Photos of Design (6-sided views)
  2. statement of novelty

Attachments (if any):

  1. Power of Attorney
  2. Certified Priority Document
  3. Declaration of Ownership/Certification of Employment/Assignment of Priority
  4. Assignment for Patent Right Transfer

*Romania patent application documents need to be certified and notarized

The initial protection is 10 years, and after the expiration, it can be renewed 4 times, each time for 5 years, and the maximum protection can be 25 years.

  • via Paris Convention : 6 months from earliest priority date.
  • via Hague System: 6 months from earliest priority date.
  • via EU Community Design: 6 months from the earliest priority date.

OSIM conducts formality examination and substantive examination for design applications. The quality of the design pictures must be guaranteed quality and OSIM only accepts pictures or paper copies in .gif format. Applicants may request for a deferment of publication, but not later than 30 months after the filing date. Within 2 months after publication, any third party may raise opposition and provide evidence, then OSIM will transfer the opposition to the applicant, and the applicant shall reply within 2 months from receiving the notification. OSIM will issue a report agreeing or denying the opposition within 3 months from receipt of notification, which will be taken into account of the substantive examination.

The novelty grace period is 12 months before the filing date/priority date.

  • Grant Fee: The applicant shall pay within 2 months after receiving the granted notice.
  • Annuity: An annuity is paid every 5 years.

6 months

No

Yes

发明专利、实用新型及外观设计进入国家申请流程
套餐价格（官费和服务费） / Package fee

Currency Unit: RMB

Patent Type Route Click to Get Price List In Detail Package Fee
Invention Paris Convention

Romania Invention Patent Paris Convention Application fee

Basic Services: 27950.00
Value Service: 51230.00
Expert service: 58190.00
PCT

Romania Invention Patent PCT Application fee

Basic Services: 27950.00
Value Service: 51230.00
Expert service: 58190.00
Utility Model Paris Convention

Romania Utility Model Patent Paris Convention Application fee

Basic Services: 22230.00
PCT

Romania Utility Model Patent PCT Application fee

Basic Services: 22230.00
Appearance Design Paris Convention

Romania Appearance Design Patent Paris Convention Application fee

Basic Services: 8840.00
Value Service: 12320.00
Expert service: 15820.00
Explanation of Package Fee:
  • Basic Package Fee: Contains the standard cost of the necessary stage for a patent application from new-filing to be granted.
  • Value Service: In addition to the above, the package fee also contains the service for analysis and comments concerning the office action provided by lawyer.
  • Expert service: In addition to the above, the package fee also contains the service for analysis, comments and amendments concerning the office action provided by lawyer.
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