How to apply for a patent?

A patent may be granted for any invention having as its object a product or process, in all technological fields, provided that it is new, involves an inventive step and is susceptible of industrial application. (art. 6 of Law no. 64/1991 on patents, republished, with subsequent amendments and completions).

The application can be submitted at the headquarters of the State Office for Inventions and Trademarks, as well as by electronic submission. The procedure for filing a patent application is available online here.

In order to register a patent application, the applicant must submit to the State Office for Inventions and Trademarks three copies of the completed standard application form, accompanied by the patent documentation.

The authority in charge of registering and validating patents

For any information in the field of industrial property protection, you can contact the State Office for Inventions and Trademarks, which is the competent authority for the registration and validation of the patent in Romania.

The following types of applications can be submitted electronically to the State Office for Inventions and Trademarks:

• According to Order no. 112 of 21 November 2008, for the approval of the Instructions on the filing of patent applications by electronic means (PDF):

• national patent applications;
• requests to open the national phase for international PCT applications;
• the translation into Romanian of the claims of the European patent application in order to obtain the provisional protection as well as the translation of the European patent file.

• According to international conventions and treaties:

• patent applications filed under the European Patent Convention (EPC / EPC), through the State Office for Inventions and Trademarks on behalf of the European Patent Office. The conditions and requirements for the online registration of European patent applications are published by the European Patent Office (EPO) in the Official Journal of the EPO (OJEPO).

What documents are required to start the procedure?

The three standard forms of the patent application must be accompanied by the mandatory filing of the patent documentation, also in 3 copies, typed or processed electronically and printed, in A4 format, white paper, written on one side of the sheet and comprising the following distinct materials:

• description of the invention;
• claims;
• explanatory drawings (if applicable);
• summary of the invention.

Deadline for submission of documents

The publication in the Official Bulletin of Industrial Property of the patent application (the summary of the invention accompanied, if necessary, by a representative figure) may be made at the earliest 4 months from the filing date (in accordance with art. 35 par. 11 of the Regulation for the application of Law 64/1991 on patents, with subsequent amendments and completions) provided that an emergency publication fee is paid according to point 5 of Annex 1 of Government Ordinance no. 41 on taxes in the field of industrial property and the regime of their use, republished, with the subsequent modifications and completions.

The Frequently Asked Questions section on patents for the website of the State Office for Inventions and Trademarks can be accessed here.

Information on fees and language requirements

In accordance with the Regulation for the application of Law no. 64/1991 on patents, with subsequent amendments and completions, according to art.9, paragraph 5, the documentation for registration of a patent is made in Romanian, if it is not in Romanian, the translation must be submitted to the State Office for Inventions and Trademarks within 2 months. The additional fee, according to the Regulation implementing the P.C.T., for exceeding the payment term of each provided fee is 50% of the provided amount.

Here you will find more details on the amount and terms of fees for patent applications and patents

Other relevant documents to be submitted

If the legal representative of the unit is one of the inventors, he cannot sign for that unit, being necessary to delegate this competence. Regardless of who is the applicant of the application (a natural person, a group of natural persons or a legal person), the inventors will be registered in the "Declaration containing the designation of the inventors".

If the applicant / holder is represented by an authorized representative, his appointment is made by a power of attorney which is submitted to the State Office for Inventions and Trademarks.

Trademarks and design protection

Businesses that require a trademark or design protection in all EU countries should register their trademarks or designs with the European Union Intellectual Property Rights Office (EUIPO). Those who trade in only one EU country, however, may only need protection in that country; national conditions and registration procedures apply.

Competent authority

For any information in the field of industrial property protection, you can contact the State Office for Inventions and Trademarks (OSIM).

How to apply for protection for brand or design in Romania

TM - To register a name (or slogan) as a trademark, with or without a figurative element (drawing), you need to fill out a standard form. The application for a national trademark can be found here.

DM - According to art. 6 of Law no. 129/1992, republished in 2007 on the protection of designs, with subsequent amendments and completions, the object of the application may be registered to the extent that it constitutes a design, within the meaning of art. 2 (of the same law), is new and has an individual character. The application for registration of a design can be found here.

The procedure is available online

TM - Completing the trademark form can be done online by accessing the page here.

DM - Filling in the design form can be done online by accessing the page here.

Documents required to start the procedure

TM - The documents required to start the trademark registration procedure are: trademark application form, accompanied by the related fees.

DM - The documents required to start the registration procedure of the designs are: the application form for registration of the design, accompanied by the graphic reproductions of the designs for which the registration is requested; payment of the registration fee.

Deadlines for submitting documents

TM - According to Law no. 84/1998 republished, with subsequent amendments and completions, in accordance with art.18, par. 2, if the application does not meet the conditions provided in art. 9 para. (1), the State Office for Inventions and Trademarks shall notify the applicant of the deficiencies of the application, granting a term of 30 days for the submission of the completions.

DM - According to the Regulation for the application of Law 129/1992, with subsequent amendments and completions, in accordance with art. 18, par. 3, if the application does not meet the conditions provided by law, the State Office for Inventions and Trademarks will notify the applicant of the deficiencies of the application, granting a period of one month for the submission of completions.

Tax information

Fees for the registration of a trademark / design application can be accessed on the website of the State Office for Inventions and Trademarks, in Annex 1 of Government Ordinance no. 41 on taxes in the field of industrial property and their use, republished in 2006, as subsequently amended and supplemented.

How long does trademark or design protection last?

TM - Trademark registration takes effect from the date of the regular filing of the trademark, for a period of 10 years. At the request of the owner, the registration of the trademark may be renewed at the end of each term of 10 years, with the payment of the fee provided by law.

DM - According to art.35 paragraph (1) of Law no. 129/1992 on the protection of designs, as subsequently amended and supplemented, the title of protection for a design is valid for a period of 10 years from the date of establishment of the regular deposit and may be renewed for 3 successive periods of 5 years each, provided that the taxes are paid in the amount and within the legally established terms.