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Registration of patents, inventions

Romania Trademark By the registration of the invention and the obtaining of the invention patent, the holder acquires an exclusive right of restraining any other persons from producing, using, offering for sale or importing a product or a procedure based on the patented invention, without his previous agreement.


The patent can be given for any invention which has as object a product or a procedure, carried out in any of the technologic domains, under the condition that this invention be new, to result from an inventive activity and be susceptible of industrial application.

The conditions for the registration of an invention are:

  • The invention must be new - this condition assumes that the invention submitted for registration is not contained in the stage of the technique; the stage of the technique includes all the knowledge which has become accessible to the public until the submission date of the petition for patent or of the priority invoked and acknowledged.
  • The invention implies an inventive activity - this condition assumes the fact that, for the specialized persons in the field in which it has been made the invention, this does evidently not result from the knowledge contained in the stage of the technique;
  • The invention is susceptible of industrial application - this condition assumes that the object of the invention may be used in at least one field of activity.

The invention can be registered:

  • on national level - your company will acquire protection over the right, only on the territory of the country in which the registration is made;
  • on regional level - the right over the invention is protected in all the countries signatory of the conventions based on which there have been submitted the petitions for registration: the European patent (based on the Convention of the European patent); the Euroasian patent (based on the Euroasian Convention regarding patents); the AOIP Patent (based on the Agreement regarding the creation of the African organization of intellectual property); the RAOIP patent (based on the Agreement regarding the creation of the regional African organization of industrial property);
  • on international level - the right over the invention is protected in the countries mentioned in the petition for registration according to the Cooperation Treaty within the field of Patents.

In order to obtain an invention patent and in order to fully benefit from the rights conferred by this registration, it is necessary to cover the following steps:

  • The verification of known stage of technique in the field in which it has been carried out the invention, in order to reduce the risk of rejection of the registered petition because of the lack of newness or of the inventive activity;
  • The registration of the invention and the obtaining of the patent of invention;
  • The protection of the industrial property right over the invention by: the formulation of oppositions to the registration by third parties of similar inventions; the formulation of actions of non loyal competence, criminal complaints for the committing of the infraction of imitation/forgery;
  • The maintenance of validity of the invention patent

No matter the modality of registration of the invention, on national, European or international level, this is protected from the submission date of the petition for registration, except for the case in which a priority is invoked (the priority determined by a previous stocking in another country or the exhibition priority).

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The national invention patent

The national invention patent - is the patent registered at the national office in each country in which the registration is requested.


The invention patent registered on national level benefits from protection only on the territory of the country in which the petition is formulated.


In order to register an invention patent in Romania, the submitting of a registration petition is necessary at the State Office for Inventions and Brands (SOIB).


The invention patent registered on national level in Romania is protected for a period of 20 years; in case of patents for inventions, the fee for the maintaining of validity must be paid every year.


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The European Invention Patent

The European Invention Patent - is obtained by the registration of the invention as a result of the formulation of a petition towards the European Patents Office (EPO), which will be protected n all the countries mentioned by the petitioner in the registration petition.

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The international invention patent

The international invention patent - is obtained by the registration of the invention as a result of the formulation of a petition towards the World Intellectual Property Organization (WIPO/OMPI), which will be protected in all the countries mentioned by the petitioner in the registration petition.