As the result of the Agreement between European Patent Organization and the Government of Romania it is now possible to extend the protection conferred by a European patent to Romania.
With effect from 15 October 1996 the extension of a European patent to Romania is in force. The extension is only possible in respect of international applications filed on or after 15 October 1996, provided that both the designations EP (regional patent) and RO (national patent) are made in the international application.
A published European patent application shall provisionally confer the protection under the Patent Law of Romania as from the date on which a translation of the claims of the European patent application into the Romanian language has been published by the Romanian Patent Office. The translation shall be filed with the Patent Office and shall be published as soon as possible after the official fee has been paid.
FULL PATENT PROTECTION
Within three months from the date on which the mention of the grant of the European patent has been published, the owner of the patent shall furnish to the Patent Office a translation of the specification of the extended European patent into the Romanian language and shall pay the official fee for publication.
If, as a result of an opposition filed with the European Patent Office, the European patent is maintained with amended claims, the owner of the patent shall, within three months from the date on which the decision to maintain the European patent as amended was published, furnish to the Romanian Patent Office a translation of the amended claims of the extended European patent into the Romanian language and pay the official fee for publication.
The Patent Office shall publish any translation duly filed under the above paragraphs
EXHAUSTION OF THE RIGHTS
If the translation specified in above paragraphs is not filed in due time or the fee is not paid in due time, the extended European patent shall be deemed to be void ab initio.
RENEWAL OF EXTENDED EUROPEAN PATENTS
Renewal fees for an extended European patent shall be paid to the Romanian Patent Office for the years following the year in which the mention of the grant of the European patent was published by the European Patent Office, in the amounts provided for in the Romanian Law on Patents Fees.
NOTE: This article provides general information about this subject matter. Please remember that no attorney-client relationship is reached between CABINET M. OPROIU and the user of this information, until an initial consultation.