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WIPO - PCT Applicant's Guide RO - Romania
State Office for Inventions and Trademarks (Romania)

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 Office for Inventions and Trademarks (Romania)
LPI: Law No 64/1991 on Patents, republished within the meaning of Article IV of the Law No 28/2007 for amending and completing the Patent Law No 64/1991, published in the Official Gazette of Romania, Part I, No 613 of 19 August 2014
RLP: Decision No 547 of 21 May 2008 for the approval of Regulations Implementing Law No 64/1991 republished, published in the Official Gazette of Romania, No 456 of 18 May 2008
OF: Ordinance No 41/1998 on Fees in the Field of Industrial Property and Regulations Governing Their Use, republished within the meaning of Article IV of the Law No 381/2005 for amending and completing Ordinance No 41/1998 on Fees in the Field of Industrial Property and Regulations Governing Their Use, published in the Official Gazette of Romania, Part I, No 6 of 6 January 2006
CCP: Romanian Code of Civil Procedure
List of currencies used in this document:
EUR (Euro), RON (New leu)
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
For more technical information about the Office, refer to ePCT 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:
Romania
Two-letter code:
RO
Romania - State Office for Inventions and Trademarks (Romania)
Name of Office:
State Office for Inventions and Trademarks (Romania)
Location:
5 Ion Ghica Street
030044
Bucharest 3
Romania
Mailing address:
Same as above
Telephone:
(40-21) 306 08 00
E-mail:
office@osim.gov.ro
Facsimile:
(40-21) 312 38 19
Does the Office accept the filing of documents by facsimile or the like means (PCT Rule 92.4)?
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
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:
EP
European Patent Organisation - European Patent Office (EPO)
IB
International Bureau of the World Intellectual Property Organization (WIPO) - International Bureau of WIPO
RO
Romania - State Office for Inventions and Trademarks (Romania)
Does national legislation restrict the filing of international applications with foreign Offices?
Yes, filing restrictions apply to:
Inventions made in Romania
Regulations on the Implementation of the Patent Law No. 64/1991 (approved by Government Decision No. 547/2008 of 21 May 2008), Art. 4(3) and 7.
A national or resident of Romania must file an international application concerning a subject matter of significance for national security directly with the State Office for Inventions and Trademarks (Romania).
Competent designated (or elected) Office(s) for this State:
National protection: RO
European patent: EP
Types of protection available via the PCT:
National:
Patents
Utility models (a utility model may be sought instead of or in addition to a national patent)
European:
Patents
Availability under the national law for an international-type search (PCT Article 15):
None
Provisional protection after international publication:
Where the designation is made for the purposes of a national patent:
The applicant may, from the date of publication in Romanian of the international application, claim from any person who uses the subject of the application, although the person knew, or should have known, that the invention used by him was the subject of a published application, appropriate compensation under the circumstances (refer to Art. 22, 33, 56(3) and (4) of the Patent Law (Law No. 64/1991)).
Where the designation is made for the purposes of a European patent:
A published European patent application confers the protection mentioned above as from the date on which a translation into Romanian of the claims of that application is published by the Office (refer to Art. 5(2) of the Law No. 611/2002).
Information of interest if this Contracting State is designated (or elected)
For national protection
Time when the name and address of the inventor must be given:
May be in the request or may be furnished later. If not already com-plied with within the time limit applicable under PCT Article 22 or 39(1), the Office will invite the applicant to comply with the requirement until the decision to grant the patent has been taken (Article 14(3) of Law No. 64/1991 on Patents, republished).
Are there special provisions concerning the deposit of microorganisms and other biological material?
Yes, refer to Annex L.
For a European patent
Refer to Annex B(EP)

Annex C - Receiving Office

Competent receiving Office for nationals and residents of:
Romania
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
Romanian
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
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
For the relevant notifications by the Office, refer to the Official Notices (PCT Gazette) dated 12 September 2019, pages 134 et seq and 14 November 2019, page 168.
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, please refer to the Office for the applicable criteria and/or any fee payable for 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:
497 RON
International filing fee:
1,381 EUR
This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).
Fee per sheet in excess of 30:
16 EUR
Reductions (under Schedule of Fees, item 4):
Electronic filing (the request in character coded format):
208 EUR
Electronic filing (the request, description, claims and abstract in character coded format):
311 EUR
Search fee:
Refer to
Annex D(EP)
Annex D(RU)
Fee for priority document (PCT Rule 17.1(b)):
copying costs, plus 99 RON
Is an agent required by the receiving Office?
No, if the applicant resides in Romania
Yes, if the applicant is a non-resident
Who can act as agent?
Any industrial property agent resident in Romania whose name appears on the register kept in the Office
Waiver of power of attorney:
Has the Office waived the requirement that a separate power of attorney be submitted?
Refer to the Office
Has the Office waived the requirement that a copy of a general power of attorney be submitted?
Refer to the Office

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:
Notifications related thereto may be consulted under:
Further information concerning the requirements of international depository authorities under the Budapest Treaty is available at:
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, all significant information on the characteristics of the microorganism

National Phase

Summary of requirements for entry into the national phase

If grant of a national patent by the State Office for Inventions and Trademarks (Romania) is desired:
Time limits applicable for entry into the national phase:
Under PCT Article 22(1): 30 months from the priority date
Under PCT Article 39(1)(a): 30 months from the priority date
Translation of international application required into (one of) the following language(s):
Must be furnished within the time limit applicable under PCT Article 22 or 39(1)
Romanian
Required contents of the translation for entry into the national phase:
Must be furnished within 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?
No
National fees:
For further details on the fee structure and applicable time limits, refer to Annex RO.I of the National Chapter RO
Filing fee
30 EUR
Fee for priority claims
per priority 50 EUR
Examination fee
500 EUR
Annual fee for the first three years
150 EUR
Exemptions, reductions or refunds of fees:
For international applications entering the national phase the search fee is reduced by 50%
Special requirements of the Office (PCT Rule 51bis):
Name and address of the inventor if they have not been furnished in the “Request” part of the international application 2 3
Statement justifying the applicant’s right to the patent if he is not the inventor 3
Appointment of an agent if the applicant is not resident in Romania
Who can act as agent?
Any industrial property agent resident in Romania whose name appears on the register kept in the Office
Does the Office accept requests for restoration of the right of priority (PCT Rule 49ter.2)?
Yes, please refer to the Office for the applicable criteria and/or any fee payable for such requests
If a European patent is desired: Refer to European Patent Organisation (EP) in Annex B, Summary (EP) and national chapters EP and RO in the National Phase

The procedure in the national Phase

RO.01 FORM FOR ENTERING THE NATIONAL PHASE
RLP Art. 30(6)
The Office has available a form for entering the national phase (refer to Annex RO.II). This form should preferably (but need not) be used.
RO.02 TRANSLATION (CORRECTION)
LPI Art. 27, RLP Art. 20(3)
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).
RO.03 FEES (MANNER OF PAYMENT)
The manner of payment of the fees indicated in the Summary and in this Chapter is outlined in Annex RO.I.
RO.04 ASSIGNMENT OF PRIORITY RIGHTS
RLP Art. 23(8)
Where the priority of an earlier application is claimed and the applicant(s) in that application is (are) not identical with the applicant(s) of the international application, an assignment of the priority rights must be furnished.
RO.05 POWER OF ATTORNEY
LPI Art. 13(4), LPI Art. 37(1), RLP Art. 22
Any national or legal person resident in Romania whose name appears on the register kept in the Office may be appointed by filing a power of attorney.
RO.06 FEE FOR GRANT AND PUBLICATION
OF Art. 11(1)
This fee (refer to Annex RO.I) must be paid to the Office within 12 months from the date of publication of the decision to grant the patent.
RO.07 ANNUAL FEES
OF Art. 11(1), OF Art. 11(2), OF Art. 11(5)
The fees for maintaining the patent in force for each year up to grant under Law No. 64/1991 republished, including the year of grant, shall be paid in one installment together with the fee for grant, within 12 months from the date of publication of the decision to grant. Payment for subsequent years must be made in advance before each succeeding anniversary of the international filing date. Payment can still be made, together with a 50% surcharge for late payment, within six months after the expiration of that 12-month period. For the amounts of the annual fees, refer to Annex RO.I.
RO.08 AMENDMENT OF THE APPLICATION; TIME LIMITS
PCT Art. 28, PCT Art. 41, LPI Art. 26
The applicant may make before the Office amendments to the description, claims and drawing(s) of his own volition or when specifically required by the Office, provided that the subject matter of the application is not broadened thereby. Such amendments can be made up to the time of the receipt of the notification of the decision to grant a patent.
RO.09 REVIEW UNDER ARTICLE 25 OF THE PCT
PCT Art. 25, PCT Rule 51, CCP Art. 299, LPI Art. 51, LPI Art. 52, LPI Art. 53, LPI Art. 54, LPI Art. 55, LPI Art. 56, LPI Art. 57
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 an omission on the part of the receiving Office or the International Bureau, an appeal against this decision may be lodged within three months from the notification of the decision. A fee for appeal must be paid at the same time. The Reexamination Commission of the Office will then decide on the appeal.
RO.10 EXCUSE OF DELAYS IN MEETING TIME LIMITS
PCT Art. 24(2), PCT Art. 48(2)
Reference is made to paragraphs 6.022 to 6.027 of the National Phase.

Annexes

Annex RO.I - Fees
Filing fee
30 EUR
Fee for claiming priority
50 EUR
Publication fee:
— paid within six months of entry into the national phase
50 EUR
— paid on entry into the national phase
80 EUR
Search fee
50 EUR
Examination fee:
— paid within three months from the date of entering the national phase
500 EUR
— for each page in excess of 20
plus 10 EUR
— for each claim in excess of 5
plus 15 EUR
— paid after three months from the date of entering the national phase
300 EUR
— for each page in excess of 20
plus 5 EUR
— for each claim in excess of 5
plus 10 EUR
Printing and granting fee (payable within 12 months from the date of publication of the decision):
100 EUR
— for each page in excess of 20
plus 5 EUR
Annual fee for maintaining the patent in force for each year of protection from the filing date of the international application:
— for the 1st year
— for the 2nd year
— for the 3rd year
150 EUR
— for the 4th year
160 EUR
— for the 5th year
180 EUR
— for the 6th year
200 EUR
— for the 7th year
220 EUR
— for the 8th year
240 EUR
— for the 9th year
260 EUR
— for the 10th year
280 EUR
— for the 11th year
300 EUR
— for the 12th year
320 EUR
— for the 13th year
340 EUR
— for the 14th year
370 EUR
— for the 15th year
400 EUR
— for the 16th year
500 EUR
— for the 17th year
500 EUR
— for the 18th year
500 EUR
— for the 19th year
500 EUR
— for the 20th year
500 EUR
How can payment of fees be effected?
The national law provides for the periodical indexation of the amounts in Romanian lei, the amounts in euros remaining unchanged, because of the daily fluctuation, due to inflation, of the exchange rate of the Romanian leu against the euro. Consequently, foreign applicants residing abroad must pay the fees in euros
Payments may be made directly to the Office:
at the BCR S.A.
Calea Plevnei nr. 159
Bussiness Garden Bucureşti
Clădirea A, et. 6, sect. 6
Bucureşti
account details:
IBAN
RO38RNCB0080005630320005
BIC (SWIFT CODE)
RNCBROBU
fiscal code
4266081
All payments made to this account are considered to have been made to the Office on the date of credit to this account. Payments must indicate the international application number or, if already known, the national application number and indicate the category of the fee being paid
Forms
The following documents are maintained by the Office. Refer to the Office website (Annex B) for latest version and other languages.
Notes:
1 a The Office is competent only if the international search is or has been carried out by that Office.
2 a 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 fixed in the invitation.
3 a b This requirement may be satisfied if the corresponding declaration has been made in accordance with PCT Rule 4.17.
Current version applicable from 1 Jan 2024 , printed on 15 Apr 2024