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.





2010 © Copyright ROMINVENT S.A. All rights reserved.