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CERN-ROMANIA MEETING 20-21 November 2012. Romanian Patent System. Dr. ing. Alexandru Cristian Strenc Deputy Director General State Office for Inventions and Trademarks OSIM Romania. Overview. 20-21 November, Magurele. - The Romanian patent legislation

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CERN-ROMANIA MEETING

20-21 November 2012

Romanian Patent System

Dr. ing. Alexandru Cristian Strenc

Deputy Director General

State Office for Inventions and Trademarks OSIM Romania

overview
Overview

20-21 November, Magurele

  • - The Romanian patent legislation
  • -International harmonisation of the RO patent law
  • -European compatibility of the RO patent law
  • - Basics of patent protection in Romania-with a view to physics
  • - Why Romanian researchers should have a”first filing” in Romania when patenting abroad
  • - Conclusions

Author: dr.ing Alexandru Cristian Strenc

1 the romanian patent legislation

20-21 November, Magurele

1. The Romanian patent legislation
  • -the first Romanian patent law in 1906>a rich and proud history of the patent protection;
  • -Patent Law no 64/1991 as republished in 2007;
  • -Implementing Regulations-Governmental Decision no. 547/2008;
  • -Government Ordinance no. 41/1998 as republished in 2006, on the fees in the field of IP and their regime of utilisation;
  • -Internal Instructions on the Search Reports, electronic filing, a.o.;
  • -Internal Instructions ond SPC’s and extension of the SPC’s;

Author: dr.ing Alexandru Cristian Strenc

1 the romanian patent legislation1

20-21 November, Magurele

1. The Romanian patent legislation
  • -patent legislation updated by the EU accession  fully harmonised with EU Directives and Regulations;
  • -patent granting based since many years on substantive examinationrobust and enforceable patents;
  • -OSIM is not a registering authority but a granting (atributive) authority;

Author: dr.ing Alexandru Cristian Strenc

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20-21 November, Magurele

2. International harmonisation of the RO patent law

  • -member since 1920 of the Paris Convention;
  • - Patent Law implemented:
    • -the PCT provisions on international protection;
    • -the PLT provisions, regarding the form and content of the patent application
  • -taks part activelly in the process of substantive harmonisation and a possible conclusion of a SPLT;
  • - started discussion with USPTO on the conclusion of a PPH Agreement;

Autor: dr.ing Alexandru Cristian Strenc

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20-21 November, Magurele

3.European compatibility of the RO patent law

  • -member of the European Patent Convention since 2003patent law if fully compatibilised with EPC
    • -European patents treated as national ones;
    • similar patentable objects, same restriction and exceptions to patentability;
    • -similar conditions of patentability: technical character, novelty, inventive step and applicability;
    • -similar procedural steps in processing a patent application with EPO and patent revocation;

Autor: dr.ing Alexandru Cristian Strenc

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20-21 November, Magurele

3.European compatibility of the RO patent law

  • -as EU member:
    • - Romania fully implemented into the Patent Law the Biotech Directive;
    • -grants SPC’s for pharmaceuticals and phitosanitarians
  • -took part activelly in the ongoing negociations on the EU patent and its jurisdition;

Autor: dr.ing Alexandru Cristian Strenc

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20-21 November, Magurele

4 Basics of patent protection in Romania-with a view to physics

  • -patentable inventionstechnical solutions, expressed in the terms of products or processes, which are new, involve an inventive step and are industrially aplicable;
  • -descoveries, ideeas, mathematical or physical theories, presentations of informations, bisiness methods, computer programs, “as such”, are not patentable nontechnical
  • -technical solutions which puts them into evidence, use or implements them into practice are technicalpatentable

Autor: dr.ing Alexandru Cristian Strenc

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20-21 November, Magurele

4 Basics of patent protection in Romania-with a view to physics

  • -computer implemented inventionspatentable;
  • -excluded from patentabilityinventions against “ordre public” or good behaviour;
  • -patent granted if invention fulfills conditions of:
    • -novelty
    • -inventive stepnonobviousness;
    • -industrially aplicability; “perpetuum-mobile” type inventions are not industrially aplicable;

Autor: dr.ing Alexandru Cristian Strenc

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20-21 November, Magurele

4 Basics of patent protection in Romania-with a view to physics

  • -patent granted after the formal examination decides that the application is legaly filed and the substantive examinations decides the fullfilment of the patentability conditions;
  • -OSIM decisions may be contested to the Reexamination Board and finally OSIM decisions may be appealed to the Municipal Court

Autor: dr.ing Alexandru Cristian Strenc

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20-21 November, Magurele

4 Basics of patent protection in Romania-with a view to physics

  • -patent gives to the proprietor exclusive right to exploit invention and to authorise its exploitation by a third party;

Autor: dr.ing Alexandru Cristian Strenc

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20-21 November, Magurele

5. Why Romanian researchers should have a”first filing” in Romania when patenting abroad

  • -legal reasons
    • -as the most direct result of a technological innovation, an invention obtained as result of a research funded by state budget, should primarely be used to retechnologise the national industry which contributed to that funding;
    • -nationals are restricted by law to apply first in Romania;
    • - the patented invention might be “secret” and patenting abroad could seriously infringe the law;

Autor: dr.ing Alexandru Cristian Strenc

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20-21 November, Magurele

5. Why Romanian researchers should have a”first filing” in Romania when patenting abroad

  • -practical reasons:
    • - making a “national” first filing, the romanian researcher has a “first reaction” from OSIM which enriches him and its application, and based on that, he can decide to patent abroad;
    • -increases significantly the chance to obtain a foreign patent;
    • -within the priority right of 12 monts, the RO researcher is protected and can find potential users, financial suporters, etc;

Autor: dr.ing Alexandru Cristian Strenc

5 conclu sions
5. Conclusions

20-21 November, Magurele

  • -patent system in Romania allows a “strong” protection for both romanian inventors, eventually making a second filing abroad, as well as foreign investors starting business in Romania;
  • -nuclear physics involves high-tech solutions, particulary adequate to be patented;
  • -patent of inventins should be considered not a “diploma” but (one of ) the strongest tool of the market economy;

Author: dr.ing Alexandru Cristian Strenc

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20-21 November 2012, Magurele

Thank you for your attention !

alexandru.strenc @osim.ro