WIPO - PCT Applicant's Guide MD - Republic of Moldova
State Agency on Intellectual Property (Republic of Moldova)

Applicable as from 15 September 2023
(published on 15 September 2023)

Summary of latest changes in this version
From now on, you will find here a summary of changes to each new version of the PCT Applicant's Guide, as well as the detailed list of these changes. Moreover, you can now easily access the historical versions of the Guide.

GENERAL INFO: Various

Consult the full list of the changes

Useful information

The PCT Applicant’s Guide is updated almost every week with information received by the International Bureau.
In case of question, please contact the Office or the International Bureau (pct.guide@wipo.int).
List of abbreviations used in this document:
Office: State Agency on Intellectual Property (Republic of Moldova)
MPL: Moldovan Law on the Protection of Inventions
List of currencies used in this document:
EUR (Euro), USD (US dollar)
Countries and Offices information:
The list of acronyms used for Offices is no longer shown as it has been integrated in the mouseover functionality for each ST.3 code shown in this document.
Refer to List of WIPO Standards, Recommendations and Guidelines formerly Annex K, List of country names and two-letter codes. It includes a list of short names and two-letter codes accepted for use in indicating States, other entities and intergovernmental organizations and their Offices in documents relating to international applications under the PCT. The list is as set out in WIPO Standard ST.3.
Also refer to PCT Contracting States formerly Annex A.
Office profile
PCT Reservations, Declarations, Notifications and Incompatibilities
Article 64(5)
Refer to the full list.
Office Closed dates
The Office is closed weekly on Saturday and Sunday
Additional closed dates can be consulted on the Office Closed dates page

International Phase

Annex B - Information on Contracting States or Intergovernmental Organization

Contracting State:
Republic of Moldova
Two-letter code:
MD
Republic of Moldova - State Agency on Intellectual Property (Republic of Moldova)
Name of Office (original language):
Agentia de Stat pentru Proprietatea Intelectuala
Name of Office:
State Agency on Intellectual Property (Republic of Moldova)
Location:
24/1 A. Doga St.
MD-2024 Chisinau
Republic of Moldova
Mailing address:
Same as above
Telephone:
(373-22) 40 05 00
(373-22) 18 85 06
E-mail:
office@agepi.gov.md
Website:
Facsimile:
(373-22) 18 86 99
Does the Office accept the filing of documents by facsimile or the like means (PCT Rule 92.4)?
Yes, by facsimile
Which kinds of documents may be so transmitted?
All kinds of documents
Must the original of the document be furnished in all cases?
Yes, within one month from the date of the transmission, if the transmitted document is the international application or a replacement sheet containing corrections or amendments of the international application
No, only upon invitation in the case of other documents
Does the Office send notifications via e-mail in respect of international applications?
No
Would the Office accept evidence of mailing a document, in case of loss or delay, where a delivery service other than the postal authorities is used (PCT Rule 82.1)?
Yes, provided that the delivery service is:
DHL
Federal Express
Is the Office prepared to allow applicants to make applications available to the WIPO Digital Access Service for Priority Documents (DAS) (PCT Rule 17.1(b-bis)?
No
Competent receiving Office(s) for international applications filed by nationals or residents of this State:
IB
International Bureau of the World Intellectual Property Organization (WIPO) - International Bureau of WIPO
, 
MD
Republic of Moldova - State Agency on Intellectual Property (Republic of Moldova)
Does national legislation restrict the filing of international applications with foreign Offices?
Refer to the Office
Competent designated (or elected) Office(s) for this State:
Refer to corresponding National Phase.
MD
Republic of Moldova - State Agency on Intellectual Property (Republic of Moldova)
Types of protection available via the PCT:
National:
Patents
Short-term patents
European:
Validation of European patents
For international applications filed on or after 1 November 2015 refer to:
http://www.epo.org/law-practice/legal-texts/officialjournal/information-epo/archive/20151009.html
Availability under the national law for an international-type search (PCT Article 15):
None
Provisional protection after international publication:
The publication of the translation into Moldovan of the international application gives the applicant provisional protection in the sense that he, upon grant of the patent, is entitled to damages (refer to Art. 43(3) and Art. 19 of the Moldova Law on the Protection of Inventions). International patent applications shall be published within six months from the date on which the national phase was entered (refer to Art. 49(4) of the Moldova Law on the Protection of Inventions).
Information of interest if this Contracting State is designated (or elected)
Time when the name and address of the inventor must be given:
Must be in the request. If the data concerning the inventor are missing at the expiration of the time limit under PCT Article 22 or 39(1), the Office will invite the applicant to comply with the requirement within a time limit fixed in the invitation.
Are there special provisions concerning the deposit of microorganisms and other biological material?
Yes, refer to Annex L.

Annex C - Receiving Office

Competent receiving Office for nationals and residents of:
Republic of Moldova
Language in which international applications may be filed:
If the language in which the international application is filed is not accepted by the International Searching Authority (refer to Annex D), the applicant will have to furnish a translation (PCT Rule 12.3).
English, 
French, 
German, 
Russian
Language accepted for language-dependent free text in the sequence listing:
The Office has not specifically notified the International Bureau of the language that it accepts under PCT Rule 12.1(d).
Same as above
Language in which the request may be filed:
English, 
French, 
German, 
Russian
Number of copies required by the receiving Office if application filed on paper:
3
Does the receiving Office accept the filing of international applications in electronic form?
Yes, the Office accepts electronic filing via ePCT-Filing
For the relevant notification by the Office, refer to the Official Notices (PCT Gazette) dated 31 October 2019, pages 159 et seq.
Where the international application is filed in electronic form in accordance with and to the extent provided for in Part 7 and Annex F of the Administrative Instructions, the total amount of the international filing fee is reduced (refer to “Fees payable to the receiving Office”).
Where the international application contains a sequence listing as a separate part of the description, this should be furnished in accordance with Annex C of the Administrative Instructions, that is, in compliance with WIPO Standard ST.26 XML format; no fees are due for sequence listings filed in this format. If the receiving Office does not accept international applications in electronic form in such format, the international application will be transmitted to the International Bureau as receiving Office (PCT Rule 19.4(a)(ii-bis)).
Does the receiving Office accept requests for restoration of the right of priority (PCT Rule 26bis.3)?
Yes, the Office applies both the “unintentional” and the “due care” criteria to such requests
Competent International Searching Authority:
EP
European Patent Organisation - European Patent Office (EPO)
, 
RU
Russian Federation - Federal Service for Intellectual Property (Rospatent) (Russian Federation)
Competent International Preliminary Examining Authority:
EP
European Patent Organisation - European Patent Office (EPO)
1, 
RU
Russian Federation - Federal Service for Intellectual Property (Rospatent) (Russian Federation)
Fees payable to the receiving Office:
Transmittal fee:
100 EUR
International filing fee:
1,435 USD
This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).
Fee per sheet in excess of 30:
16 USD
Reductions (under Schedule of Fees, item 4):
Electronic filing (the request in character coded format):
216 USD
Electronic filing (the request, description, claims and abstract in character coded format):
324 USD
Search fee:
Refer to
Annex D(EP)
Annex D(RU)
Fee for priority document (PCT Rule 17.1(b)):
20 EUR
Fee for requesting restoration of the right of priority (PCT Rule 26bis.3(d)):
100 EUR
Is an agent required by the receiving Office?
No, if the applicant resides in the Republic of Moldova
Yes, if the applicant is a non-resident
Who can act as agent?
Any person registered to practice before the Office as patent attorney
Waiver of power of attorney:
Waivers of powers of attorney do not apply (PCT Rule 90.4(e) and 90.5(d)) where the agent or common representative submits any notice of withdrawal during the international phase (PCT Rule 90bis.1 to 90bis.4, also refer to International Phase, paragraph 11.048).
Has the Office waived the requirement that a separate power of attorney be submitted?
Yes
Particular instances in which a separate power of attorney is required:
Upon appointment of, or for any paper submitted by, an agent or a common representative who was not indicated on the request form at the time of filing
Has the Office waived the requirement that a copy of a general power of attorney be submitted?
Yes
Particular instances in which a copy of a general power of attorney is required:
Upon appointment of, or for any paper submitted by, an agent or a common representative who was not indicated on the request form at the time of filing

Annex L - Deposits of Microorganisms and Other Biological Material

Requirements of designated and elected Offices
Only Offices whose applicable national law contains provisions concerning the deposits of microorganisms and other biological material are listed in Annex L. Unless otherwise indicated, deposits may be made for the purposes of patent procedure before these Offices with any depositary institution having acquired the status of international depositary authority under the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure.
For a list of these institutions refer to:
http://www.wipo.int/treaties/en/registration/budapest/pdf/idalist.pdf
Notifications related thereto may be consulted under:
http://www.wipo.int/treaties/en/registration/budapest/
Further information concerning the requirements of international depository authorities under the Budapest Treaty is available at:
http://www.wipo.int/budapest/en/guide/index.html
Time (if any) earlier than 16 months from priority date by which applicant must furnish:
— the indications prescribed in Rule 13bis.3(a)(i) to (iii):
None
— any additional indications:
None
Additional indications (if any) which must be given besides those prescribed in Rule 13bis.3(a)(i) to (iii) pursuant to notifications from the Office:
To the extent available to the applicant, relevant information on the characteristics of the microorganism
Additional information
The deposit may be made with a depositary institution designated by the Government or with institutions which have the status of international depositary authority not later than the filing date of the international application.

National Phase

Summary of requirements for entry into the national phase

Time limits applicable for entry into the national phase:
Under PCT Article 22(3): 31 months from the priority date
Under PCT Article 39(1)(b): 31 months from the priority date
Translation of international application required into (one of) the following language(s):
Must be furnished within three months from the expiration of the time limit applicable under PCT Article 22 or 39(1)
Moldovan
Required contents of the translation for entry into the national phase:
Must be furnished within three months from the expiration of the time limit applicable under PCT Article 22 or 39(1)
Under PCT Article 22: Description, claims (if amended, both as originally filed and as amended, together with any statement under PCT Article 19), any text matter of drawings, abstract
Under PCT Article 39(1): Description, claims, any text matter of drawings, abstract (if any of those parts has been amended, both as originally filed and as amended by the annexes to the international preliminary examination report)
Is a copy of the international application required in particular circumstances?
The applicant should only send a copy of the application if he has not received Form PCT/IB/308 and the Office has not received a copy of the international application from the International Bureau under PCT Article 20. This may be the case where the applicant expressly requests an earlier start of the national phase under PCT Article 23(2)
National fees:
Patents
Filing fee
100 EUR
Must be paid within the time limit applicable under PCT Article 22 or 39(1)
Fee for claiming priority
100 EUR
Examination fee, including search
400 EUR
Annual fee for the 1st to the 5th year
per year 100 EUR
Short-term patents
Filing fee
100 EUR
Must be paid within the time limit applicable under PCT Article 22 or 39(1)
Examination fee
200 EUR
Exemptions, reductions or refunds of fees:
Special requirements of the Office (PCT Rule 51bis):
If not already complied with within the time limit applicable under PCT Article 22 or 39(1), the Office will invite the applicant to comply with the requirement within a time limit of two months from the date of receipt of the invitation
Name and address of the inventor if they have not been furnished in the “Request” part of the international application 2
Instrument of assignment of the priority right where the applicants are not identical 2
Appointment of an agent if the applicant is not resident in the Republic of Moldova
Any document relating to any transfer of rights 2
Who can act as agent?
Any person registered to practice before the Office as patent attorney
Does the Office accept requests for restoration of the right of priority (PCT Rule 49ter.2)?
Yes, the Office applies both the “unintentional” and the “due care” criteria to such requests

The procedure in the national Phase

MD.01 FORMS FOR ENTERING THE NATIONAL PHASE
The Office has available a special form for entering the national phase (refer to Annex MD.II). This form should be used.
MD.02 TRANSLATION (CORRECTION)
Errors in the translation of the international application can be corrected with reference to the text of the international application as filed (refer to National Phase, paragraphs 6.002 and 6.003).
MD.03 REPRESENTATION
MPL Art. 86
Natural or legal persons having their residence or principal place of business outside the territory of the Republic of Moldova shall be represented by a patent agent registered to practice with the Office, except for the filing of a patent application, the payment of fees or the filing of an earlier application. A list of registered patent agents is available on the website of the Office.
MD.04 FEES (MANNER OF PAYMENT)
MPL Art. 61
The manner of payment of the fees indicated in the Summary and in this Chapter is outlined in Annex MD.I.
MD.05 EXAMINATION
MPL Art. 51
A patent will only be granted after substantive examination by the Office. A request for examination should be filed prior to the expiry of 30 months from entry into the national phase. The request shall only be deemed to be filed upon payment of the examination fee and may not be withdrawn. There is a special form for the request (refer to Annex MD.III). The amount of the said fee is indicated in Annex MD.I.
MD.06 FEE FOR GRANT
A fee for grant must be paid within six months from the date of publication of the decision to grant the patent.
MD.07 ANNUAL FEES
MPL Art. 61, MPL Art. 93
After a patent has been granted, annual fees must be paid for maintaining the patent in force for each year calculated from the first year of the international filing date. The first annual fee is to be paid simultaneously with payment of the fee for grant. If the decision to grant the patent was taken within one year or more from the international filing date of the application, the fee should be paid for each complete year starting with the filing date. All subsequent fees are to be paid before the beginning of the year for which the fee is due but not earlier than three months from the date of the following year of validity. Payment can still be made, upon request for extension of the time limit together with the payment of a corresponding fee, within six months from the final date. The amounts of the annual fees and of the surcharge for late payment are indicated in Annex MD.I.
MD.08 SHORT-TERM PATENT
PCT Art. 4(3), PCT Art. 43, PCT Rule 49bis.1(a), PCT Rule 49bis.1(b), PCT Rule 76.5
If the applicant wishes to obtain a short-term patent in the Republic of Moldova on the basis of an international application instead of a patent, such an indication should be made to the Office on entry into the national phase.
MD.09 TERM OF A SHORT-TERM PATENT
MPL Art. 18, MPL Art. 61, MPL Art. 93
The term of a short-term patent shall be six years from the date of filing of the short-term patent application. The patent owner may file with the Office a request for extension of the time limit for a period not exceeding four years, provided that the patent owner requests the Office to carry out a search of the state of the art and establish a search report accompanied by a written opinion on patentability relating to the invention which forms the subject-matter of the respective patent on payment of the prescribed fee. Fees for maintenance of a short-term patent shall be due on the anniversary of the date of filing of the application and for each year of effectiveness of the certificate.
MD.10 CONVERSION
MPL Art. 54
A patent application may be converted, at the request of the applicant, into an application for a short-term patent prior to the date on which the decision to grant a patent is published or, at the latest, within two months following the date on which a decision to refuse the patent application has been sent. An application for a short-term patent may be converted, at the request of the applicant, into a patent application at any time before the decision to grant a short-term patent has been taken.
MD.11 REVIEW UNDER ARTICLE 25 OF THE PCT
PCT Art. 25, PCT Rule 51
The applicable procedure is outlined in paragraphs 6.018 to 6.021 of the National Phase. If, upon review under PCT Article 25, the Office denies an error or omission on the part of the receiving Office or the International Bureau, an appeal against this decision may be lodged with the Office.
MD.12 EXCUSE OF DELAYS IN MEETING TIME LIMITS
PCT Art. 24(2), PCT Art. 48(2), PCT Rule 82bis
Reference is made to paragraphs 6.022 to 6.027 of the National Phase. Where, during the international phase or before the Office, the applicant has missed a time limit for performing any act in relation to the international application or the patent, such time limit may be extended and restored by the Office upon request by the applicant and where justified.
MD.13 SUPPLEMENTARY PROTECTION CERTIFICATE
MPL Art. 4(2)c), MPL Art. 18, MPL Art. 69, MPL Art. 70
A supplementary protection certificate is available to the owner of a patent with effect in the Republic of Moldova, the subject matter of which is a medicinal or a phytopharmaceutical product (basic patent) for which marketing authorization has been granted. The application for the grant of a supplementary protection certificate shall be filed within six months following the date of issuance of the marketing authorization, or, if the authorization has been issued prior to the grant of the initial patent, the application shall be filed within six months from the date of grant of the patent. The application shall not be deemed filed until after the prescribed fees have been paid. Fees for maintenance of a supplementary protection certificate shall be due on the anniversary of the date of filing of the application. The amounts of the fees are indicated in Annex MD.I.

Annexes

Annex MD.I - Fees
Patents
Filing fee
100 EUR
Fee for claiming priority
100 EUR
Substantive examination, including search
400 EUR
— for each independent claim, as originally filed or as amended, in excess of one
100 EUR
— for each dependent claims, as originally filed or as amended, in excess of five
10 EUR
— fee per sheet in excess of 15
10 EUR
Fee for grant :
— up to 15 pages
100 EUR
— fee per sheet in excess of 15
10 EUR
Annual fees:
— for the 1st to the 5th year, per year
100 EUR
— for the 6th to the 10th year, per year
300 EUR
— for the 11th to the 15th year, per year
500 EUR
— for the 16th to the 20th year, per year
700 EUR
Surcharge for late payment of the annual fee
— for each month (but not more than six months)
50 EUR
Fee for restoration of rights
100 EUR
Short-term patents
Filing fee
100 EUR
Fee for claiming priority
100 EUR
Fee for examination
200 EUR
Fee for grant :
— up to 15 pages
100 EUR
— fee per sheet in excess of 15
10 EUR
Annual fees:
— for the 1st to the 6th year, per year
100 EUR
Filing and examination of the request for extension of the term of validity for short-term patent, including search and establishment of search report with written opinion on patentability
300 EUR
Publication and issuance of extended short-term patent, including the printing of patent with search report
20 EUR
Maintenance of short-term patent after extension, for the 7th to the 10th year, per year
200 EUR
Supplementary protection certificate
Filing and examination of the request to grant a supplementary protection certificate
300 EUR
Fee for grant
100 EUR
Maintenance of supplementary protection certificate, per year:
700 EUR
How can payment of fees be effected?
The payment of fees must be effected in euro. All payments must indicate the application number (national, if already known; international, if the national number is not yet known), the name of the applicant and the category of fee being paid
AGEPI accounts – Foreign applicants (EUR)
Beneficiary
MF-Trezoreria de Stat
Agentia de Stat pentru Proprietatea Intelectuala
Code IBAN
MD55TRPAAA142310A15851AA
Beneficiary Bank
National Bank of Moldova
Chisinău
Republic of Moldova
SWIFT Code
NBMDMD2X
Intermediary bank
De Nederlandsche Bank N.V.
Amsterdam
Netherlands
IBAN
NL90FLOR0600126226
SWIFT Code
FLORNL2ACAC
Forms
The following documents are maintained by the Office. Refer to the Office website (Annex B) for latest version and other languages.
Annex MD.II - National processing request form (Form F-01-BI-003-E-02-0211)
Annex MD.III - Request for examination (Form F-01-BI-004-E-01-0212)
Notes:
1 a The Office is competent only if the international search is or has been carried out by that Office.
2 a b c This requirement may be satisfied if the corresponding declaration has been made in accordance with PCT Rule 4.17.
Current version applicable from 15 Sep 2023 , printed on 21 Sep 2023
1.5 #42 - 2023-09-15T11:19:04.135+02:00