ACCESSION TO THE EUROPEAN PATENT CONVENTION
LEGAL
BASIS
Law no. 611/November13, 2002 concerning Romania’s Accession to the
European Patent Convention (EPC)
ACCESSION
TO THE EPC
Any international application having the designation for European Patent
and any European Patent Application filed on or after March 1, 2003 will
include the designation of Romania. The EPO announces that Romania will
be included in a new version of the Application form.
It will not, however, be possible to designate Romania retroactively in
applications filed before March 1st , 2003. For these patent applications
the extension system will continue to apply.
PROVISIONAL PROTECTION
The European Patent Applications designating Romania and that have been
published will generate a provisory protection of the claims.
REQUEST
FOR VALIDATION
The request for validation in Romania of an European Patent must be filed,
together with the Romanian translation of the patent specification and
the publication fee within 3 months from the publication of the Notice
of Grant. This term can be prolonged with another 3 months by paying a
supplementary fee.
The applicant or owner of the European Patent may, at any time, file a
corrected version of the translation. The effects of this corrected version
will start from the publication thereof in the RO PTO Official Bulletin.
EFFECTS
OF THE VALIDATION
An European patent designating Romania and validated in Romania confers
to its owner the same rights as a national Romanian patent from the date
of the publication by the European Patent Office of the Decision of Grant.
RENEWAL
FEES FOR EUROPEAN PATENTS VALIDATED IN ROMANIA
Renewal fees for European patents validated in Romania have to be paid
for the years following the year of the publication of the Decision of
Grant by the EPO, by the date of anniversary of the filing date of the
patent.
For the first annuity due in Romania: until the expiration of 3 months
term from the publication of the Decision of Grant by the EPO, the first
annuity may be paid without a late fine, even if the anniversary of the
filing date falls within the said 3 months term; after the expiration
of said 3 months term and by the fulfillment of a 6 months term counted
form the anniversary of the filing date, the annuity can be paid with
a 50% late fine.
EXTENSION
OF THE EFFECTS OF EPA AND EP
For patent application filed before March 1st,2003 and for the granted
patents rising from them, the extension system still applies.