- TABLE OF CONTENTS
- CHAPTER I General provisions
- CHAPTER II Utility model application
- CHAPTER III Utility model registration procedure
- CHAPTER IV Transitional and final decisions
ROMANIA
UTILITY MODELS REGULATIONS
Law No. 350/2007
TABLE OF CONTENTS
CHAPTER I General provisions
Article 1 Protection of inventions by utility model
Article 2 Definitions
CHAPTER II Utility model application
Article 3 General provisions
Article 4 Product as a subject-matter of the utility model application
Article 5 Utility model application for inventions in the field of computer programs
Article 6 Utility model application resulting from the conversion of a patent application
Article 7 Conversion of a utility model application into a patent application
CHAPTER III Utility model registration procedure
Article 8 Application examination
Article 9 Technical character of the invention
Article 10 Disclosure of the invention
Article 11 Non-prejudicial disclosure
Article 12 Exceeding the framework of mere professional skill
Article 13 Drawing up the search report
Article 14 Amending the claims
Article 15 Utility model application examination report
Article 16 Examination Board
Article 17 Publication of the utility model registration
Article 18 Renewal of protection
Article 19 Utility model certificate cancellation procedure
CHAPTER IV Transitional and final decisions
Article 20 Mutatis mutandis application of provisions of the Implementing Regulations to the Patent Law 64/1991, approved by Government Decision No. 547/2008
Article 21
CHAPTER I General provisions
Article 1 Protection of inventions by utility model
Protection of inventions by utility model shall be carried out under the provisions of the Law no. 350/2007 on utility models, published in the Official Gazette of Romania, Part I, No. 851 of 12 December 2007, while meeting the provisions of the conventions, treaties and agreements to which Romania is a party.
Article 2 Definitions
(1) For the purposes of the current Regulations, the terms and phrases below shall mean as follows:
a) Law - Law no. 350/2007 on utility models;
b) Article of the Law - article of the Law no. 350/2007 on utility models;
c) Article - article of the Implementing Regulations;
d) BOPI - Official Industrial Property Bulletin - Utility Models Section;
(2) Throughout the current Implementing Regulations, terms and phrases defined in the Law shall have the same meaning.
CHAPTER II Utility model application
Article 3 General provisions
Utility model applications shall follow the procedures provided for by the Law and the present Implementing Regulations.
Article 4 Product as a subject-matter of the utility model application
(1) A product is the subject-matter of an invention, according to the provisions of Article 1, paragraph (1) of the Law, in so far as it constitutes the technical solution of a problem.
(2) Product may be an object having determined properties, technically defined by its constructive and/or component parts, by elements connecting the same, by its constructive shape and/or the shape of its component parts, by materials used for making it, by the constructive, position and functional relationship between the component parts or by the functional role thereof.
(3) Products within the meaning of the provisions of paragraph (2) may be, for example:
a) devices, installations, equipments, machine-tools, apparatuses or subassemblies thereof employed for carrying out a manufacturing or working process;
b) electric, pneumatic or hydraulic circuits;
c) physical mixtures defined by the component elements, the quantitative ratio between them, or other properties individualizing them and making them applicable to solving a technical problem.
Article 5 Utility model application for inventions in the field of computer programs
(1) Products in the field of computer programs as a subject-matter of a utility model application can be programmable apparatuses, in which at first sight the technical characteristic of the invention is carried out by means of a computer program, as well as the computer program products for data processing systems expressed by the logical running thereof.
(2) Description in the utility model application may be accompanied by graphical representations presenting the data processing operational stages or steps such as organization charts, graphs or the like.
Article 6 Utility model application resulting from the conversion of a patent application
(1) The request for conversion filed under the conditions provided for in Article 14, paragraph (1) and (3) of the Law shall contain:
a) the express request for conversion with a view to registration of the utility model for the invention which is the subject-matter of the patent application;
b) filing number and date of the patent application having the value of regular national filing whose conversion is requested;
c) applicant’s identification data.
(2) Patent applications whose subject-matter is defined under Article 4 or Article 5, paragraph (1) can be converted into utility model applications.
(3) Applications resulting from the division of a patent application having a product and a process as a subject-matter can also be converted into utility model applications. In that case, the applicant shall request the conversion into utility model application for the divisional patent applications having the product as a subject-matter.
(4) If the requirements provided for in paragraph (1) are complied with, OSIM shall make copies of the description, claims and, where appropriate, drawings constituting the regular national filing of the patent application on which the conversion is based, enter the utility model application into the National Register of filed utility model applications and notify the applicant on the number of the utility model application resulting from conversion.
(5) Where the legal conversion fee was not paid at the moment of filing the request under paragraph (1), it can still be paid within a time limit of two months from the filing date.
(6) Where the legal conversion fee has not been paid as provided in paragraph (5), the utility model application shall be declared as deemed to be withdrawn, according to the provisions of Article 19, paragraph (5), letter e) of the Law.
(7) In the situation provided in Article 14, paragraph (1), letter b) of the Law, the owner of the cancelled patent shall file, together with the request for conversion, a copy of the final and irrevocable decision of cancellation, accompanied by the copy of the claims cancelled for lack of inventive step.
(8) A patent application can be converted into a utility model application only once.
(9) An international application which has entered the national phase with a view to the grant of a patent can no longer be converted into utility model application.
(10) For the purposes of registration as utility model, the application resulting from the conversion of a patent application shall be subjected to the procedures provided for by the Law and the present Implementing Regulations.
(11) For the application of the provisions of Article 18, paragraph (3) of the Law, after the utility model application resulting from a patent application has been filed, OSIM shall publish the search report drawn up for the patent application, if it has not been made public up to the date of the conversion request.
(12) Claims amended as a consequence of the search report drawn up for a patent application, can be filed together with the conversion request.
(13) The filing date referred to under Article 9, paragraph (4) of the Law is the filing date of the patent application for the case provided under letter a), and the filing date of the utility model application for the case provided under letter b), respectively.
(14) For the application of the provisions of Article 9, paragraph (4) of the Law, the utility model shall be deemed not to have retroactive effects from the filing date, under paragraph (13), in so far as, on the date of publishing the mention of the grant of the patent, it protects the same invention and has the same owner as the patent, where a transfer by licence occurs for the utility model application, and a patent is granted based on the patent application, the transfer effects shall cease from the filing date of the patent application.
(15) The applicant for a patent may, before a decision for the grant of the patent is made, either:
a) request the withdrawal of the patent application; or
b) renounce the right conferred by the registered utility model, if he is the owner of such a right.
(16) Where, in the patent application converted into a utility model application, a priority has been claimed and recognized, it shall be deemed to be also claimed and recognized in the utility model application.
(17) A patent application having the value of a first regular national filing, from which a utility model application has resulted by conversion, shall generate a convention priority right if, within 12 months from the filing date, it was not refused, withdrawn or deemed to be withdrawn.
(18) If the patent application was refused, withdrawn or deemed to be withdrawn within the time limit referred to under paragraph (17), the utility model application resulting from the conversion of the patent application shall generate a conventional priority right.
(19) OSIM shall notify the applicant that the patent application cannot be converted into a utility model application under paragraph (9) or where the provisions of Article 14, paragraph (1) or (3) of the Law are not complied with.
(20) The national patent application resulting from the conversion of a European patent application can be converted into a utility model application if:
a) documentation of the converted European patent application has been received by OSIM within a time limit of 20 months from the European patent application filing date or, where a priority is claimed, from the priority date, provided that it contains the request for conversion into a national application in Romania;
b) within a time limit of two months from the receiving by OSIM of the documentation referred to under letter a), the applicant files with OSIM the translation of the description, claims and, where appropriate, drawings contained in the documentation, for which he wants procedures to be carried on with a view to obtaining utility model protection, accompanied by the express request for conversion into a utility model application.
(21) In case the provisions under paragraph (20) are not complied with, OSIM shall notify the applicant that the national patent application resulting from the conversion of the European patent application cannot be converted into a utility model application.
Article 7 Conversion of a utility model application into a patent application
(1) The request for conversion filed under the provisions of Article 15, paragraphs (1) or (3) of the Law shall contain:
a) the express request for conversion for the invention which is the subject-matter of the utility model application;
b) filing number and date of the utility model application having the value of regular national filing whose conversion is requested;
c) applicant’s identification data.