As an alternative to the patents, it is possible to protect a technical solution concerning products by utility model, taking into consideration the advantages of utility model versus patents: no substantive examination for the utility model, the certificate is granted on the applicants responsibility: the utility model application may be conversed into a patent application and vice-versa, within the legal framework.
For utility models, the application is subject to the following procedures: formal examination; carrying out the search report; publication of the decision to register, along with the search report.
| Step | Fees (lei) | Comments | |
| Standard procedure | Application fee | <30 | |
| Publication fee | 400 | First six years of protection included | |
Additionnal fees: 22 lei/page, for a description with more than 20 pages
Defensive Actions
Cancellation
General information
Who can file a request for the cancellation of my utility model?
Any third party may request the Office to cancel the utility model.
Can I file a request for the cancellation of someone else’s utility model?
Yes, provided the grounds for cancellation are related only to the failure to comply with the registration conditions.
Are there specific deadlines/timeframes which I have to observe in connection with a request for cancellation / cancellation proceedings?
The cancellation request can be submitted on the entire lifetime of the utility model protection.
Who will take a decision on the cancellation?
The cancellation requests are judged in the Office by a Reexamination Board.
Links
Proactive Measures
Action under competition law
Action for damages
Customs Seizure
Instruments
Preservation of Evidence
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The protection period for a utility model is six years, with a possibility of renewal for a total maximum of 10 years.
Renewal of utility models (from the 7th to the 10th year of protection): 2105 lei (500 EUR).