• Paris Convention for the Protection of Industrial Property
  
• Patent Cooperation Treaty (PCT)
  
• Treaty on the International Recognition of Microorganism Deposit (Budapest Treaty)
  
• Strasbourg Agreement on the International Classification of Inventions
  
• World Trade Organization and TRIPS Agreement
  
• Agreement between the Government of Romania and the European Patent Organization on the cooperation in the field of patents (Cooperation Agreement)
  
• Patent Law Treaty (PLT) (only signed, to be ratified)
  
• European Patent Convention (EPC)

NATIONAL LAW

• Patent Law no. 64/1991 ammended by Law 203/May 22, 2002
  
• Tax Law no. 383/June 13, 2002
  
• Law no. 611/ November 13, 2002 concerning the Accession of Romania to the European Patent Convention

NATIONAL TREATMENT
Foreign natural/legal persons having their domicile or registered office outside the territory of Romania shall enjoy the benefit of the provisions of Romanian patent law in accordance with international treaties on inventions to which Romania is party or on the basis of reciprocity. Foreign applicants must be represented only by an authorized representative with the residence or premises in Romania.

PRIORITY
Conventional priority or exhibition priority may be claimed. In order to be recognized, the application shall be field with State Office for Invention and Trademarks within twelve months from the date of the earliest priority or within six months from the date on which the invention has been exhibited in an official or officially recognized exhibitions.

DESIGNATION OF INVENTORS
The inventors must be declared in the patent application. Upon express request by the inventor, his name shall not be published; this request shall be subject to payment of the legal fee.

PATENTABLE INVENTIONS
An invention shall be patentable if it is new, involve an inventive step and is susceptible of industrial application. The subject matters of a patentable invention may be: a product, or a process.

SUBSTANTIVE EXAMINATION
The examination with a view to the grant of a patent may be requested on the filing date of the patent application or within 30 months of the said date. In this last case the publication of the patent application is compulsory.

CHALENGE WAYS OF THE DECISIONS
Decisions of the State Office for Inventions and Trademarks may be contested at the said Office by any interested party within three months of notification thereof. Also, any interested party shall be entitled to apply, in writing, on valid grounds, to the State Office for Inventions and Trademarks for the revocation, either full or partial, of the decision to grant a patent within six months of the publication in case at least one of the patentability conditions has not been met.

The contestation or the revocation shall be considered by a Reexamination Board of State Office. The decisions of the Reexamination Board may be appealed against before the Municipal Court of Bucharest.

DURATION OF THE PROTECTION
The term of validity of patent of invention shall be 20 years starting on the date on which a regular national filing was effected.

RIGHTS CONFERRED BY A PATENT
The patent confers on its owner the right to prohibit third parties from performing the following acts without his consent:

• (a) in relation to products: manufacturing, marketing, offering for sale, using, importing or storing for the purpose of selling, offering for sale or use;
  
• (b) in relation to processes: use.

TRANSFER OF THE RIGHTS
The right to the grant of a patent, the rights in the patent, the rights deriving from registration of a patent application and also the rights deriving from a patent shall be transferable, either wholly or in part: by assignment, by the grant of exclusive or nonexclusive licenses or by legal or testamentary succession.

Transfers shall be binding on the third parties starting from the date on which they are registered at the State Office for Inventions and Trademarks.

REINSTATEMENT OF THE PATENT
In the event of forfeiture of his rights, due to the fact that the maintenance fees were not paid in the prescribed terms, the patent owner may apply to the State Office for Inventions and Trademarks, stating legitimate grounds, for reinstatement of the patent within six months of the date of publication of the said forfeiture, and paying revalidation fees together with the maintenance fees (with a late time).

CANCELLATION OF THE GRANTED PATENT
A patent granted by the State Office for Inventions and Trademarks shall be cancelled either wholly or in part, at the request of interested parties, where it is established that the conditions of patentability were not met on the date of registration of the patent application.

RENUNCIATION TO THE GRANTED PATENT
The patent owner may renounce the patent either wholly or in part by virtue of a written statement filed with the State Office for Inventions and Trademarks.