| Step number | Step corresponding information |
| step 1 | Prepare a patent specification which includes – a written description (to allow others to see how it works) – drawings (to illustrate your invention) – Claims (precise legal statements in the form of single sentences to define the technical features) – an abstract (a summary that includes the important technical aspects) |
| step 2 | You fill in and file the form “Request for grant of patent” with us, together with three identical copies of your patent specification. The application may be filed directly at OSIM or via electronic means. Representation by an authorised patent attorney is compulsory only for persons not having a domicile or registered office in Romania. |
| step 3 | We respond by issuing a filing receipt which includes an application number. |
| step 4 | The application shall first be checked with regard to the formal aspects. If a regular national filing of a patent application was made, the patent fees were paid and no decision to grant, refuse or withdraw was taken, the patent application shall be published within a maximum of 18 months from the filing date. The publication of a patent application may be accompanied by the publication of a search report. |
| step 5 | During the substantive examination, the examiner checks whether: the invention is disclosed in a clear, complete manner: the invention is industrially applicable, is new and involves an inventive step. An examination board takes the decision to grant or to refuse the protection based on a report drawn up by examiner. Granted patents shall be published in Oficial Bulletin of Industrial Property, upon payment of fees. |
| Step | Fees (lei) | Comments | ||
| Standard procedure | Application fee | 30 | ||
| Search fee | 400 | Search + substantive examination | ||
| Grant fee | 150 | 50 Publication fee + 100 Granting fee | ||
Defensive Actions
Objection
General information
Who can file an objection against my patent?
Any third party may request the Office to file an objection regarding the patent (appeal of the decision, wholly or in part).
Can I file an objection against a someone else’s patent?
Yes, provided the grounds for objection are related only to the failure to comply with the patentability conditions: novelty, inventive step, industrial application.
Are there specific deadlines/timeframes which I have to observe in connection with objection proceedings?
I have a deadline of 6 months from the decision publication date.
Who will take a decision on the objection?
The appeals of the decisions requests are judged in the Office by a Reexamination Board.
Signpost
Nullity Action (declaration of invalidity)
General information
Who can file an application for declaration of invalidity of my patent?
Any third party may request the Office to file an application for revocation regarding the patent.
Can I file an application for declaration of invalidity of someone else’s patent?
Yes, provided the grounds for objection are related only to the failure to comply with the patentability conditions: novelty, inventive step, industrial application.
Are there specific deadlines/timeframes which I have to observe in connection with an application for declaration of invalidity?
No, this procedure is applying for the entire lifetime of the patent protection.
Signpost
http://osim.ro/index3_files/laws/patents/unfair.htm
Proactive Measures
Action under competition law
Action for damages
Customs Seizure
Instruments
Preservation of Evidence
A colour icon describes the complexity of each question as follows:
Low
Medium
High
| Year | Standard fees (lei) | Reduced fees (lei) | Comments |
| 3 | 150 | ||
| 4 | 160 | ||
| 5 | 180 | ||
| 6 | 200 | ||
| 7 | 220 | ||
| 8 | 240 | ||
| 9 | 260 | ||
| 10 | 280 | ||
| 11 | 300 | ||
| 12 | 320 | ||
| 13 | 340 | ||
| 14 | 360 | ||
| 15 | 380 | ||
| 16 | 500 | ||
| 17 | 500 | ||
| 18 | 500 | ||
| 19 | 500 | ||
| 20 | 500 |