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.