Starting on 1st April 1999, a new law on the protection of the new plant varietes entered into force.
The application for grant of a plant patent shall contain:
- a request for grant of a plant patent and the identification data of the applicant, or applicants, as the case may be;
- a provisional designation of the variety;
- identification of the botanical taxon, the Latin and common name;
- a tcchnical questionary of the new variety in a standardized form
- claiming the priority deriving from an earlier application filed in another State, where appropriate;
The application for the grant of a plant patent shall be accompanied by the following documents:
- the proof of payment of the application filing fee;
- the documents confirming the priority, if claimed;
- the power of attorney when the applicant is represented by an authorized representative;
- a declaration given by the applicant on his own responsibility that the variety for which protection is claimed has not been commercially exploited, according to the provisions of Article 6;
- the breeder’s/breeders’ name and a declaration given by the applicant, according to which, to the best of the applicant’s knowledge, no other persons have been involved in breeding, or discovering and developing the variety;
- a document of assignment of the right to be granted the plant patent, if applicant is not the same with the breeder
- any other documents and information which can give indications about the origin and testing of the new variety, or about any application filed in another country;
- the geographical origin of the variety
- the plant patent application shall refer only to one variety;
- the whole documentation shall be presented in Romanian
The regular filing date of the plant patent application is considered to be the date of filing the application with the Office, provided that at least the requirements, specified in the para (1) points 1 to 4, are fulfilled, and the proof of the application filing fee payment is produced.
The regular filing date is also the date of filing the plant patent application according to the para (1) and when for justified grounds, foreign natural or legal applicants submitted the documentation in a foreign language, on the condition that a translation into Romanian of the application be produced within three months from the date of the receipt of the documentation.
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