- CHAPTER I GENERAL PROVISIONS
- CHAPTER II FEES FOR LEGAL INDUSTRIAL PROPERTY PROTECTION PROCEDURES
- CHAPTER III CONDITIONS FOR USING THE FEES IN THE INDUSTRIAL PROPERTY FIELD
- CHAPTER IV CONTRAVENTIONS AND SANCTIONS
- CHAPTER V TRANSITORY AND FINAL DISPOSITIONS
- Annexe no. 1
- Annexe No. 2
- Annexe No. 3
- Annexe No. 4
- Annexe No. 5
- Annexe No. 6
OFFICIAL GAZETTE OF ROMANIA, Part I, No. 959/29.XI.2006
REPUBLICATIONS
ROMANIA’S GOVERNMENT
1
GOVERNMENT ORDINANCE NO. 41/1998* )
on the fees in the industrial property protection field and the conditions for using the same
CHAPTER I
GENERAL PROVISIONS
Article 1
The fees for legal procedures for protecting the industrial property objects: inventions, utility models, plant varieties, marks and geographical indications, industrial designs and topographies of semiconductor products, respectively, the ones for maintaining the protection titles in force as well as the other fees concerning the industrial property protection, the transitional protection included, shall be paid by Romanian and foreign natural persons and legal entities into the account of the State Office for Inventions and Trademarks (OSIM), in the amount and within the time limits provided for in the Annexes no. 1 - 6. Failure to pay the fees stipulated in Annexes 1 - 6 in due time shall entail the failure to perform the mentioned procedure and to take the measures as provided for by the law.”
Article 2
The applicant or the holder of the industrial property right who has not taken over or transferred his right in legal conditions or by the payment date, shall pay the fees provided for in the annexes, as follows
*) Republished within the meaning of Article IV of the Law no. 381/2005 for amending and completing
the Government Ordinance no. 41/1998 on the fees in the industrial property protection field and the conditions for using the same, published in the Official Gazette of Romania, Part I, no. 6 of 4 January 2006, with a new renumbering of the texts.
Government Ordinance no. 41/1998 on the fees in the industrial property protection field and the conditions of using the same was published in the Official Gazette of Romania, Part I, no. 43 of 30 January 1998, was rectified in the Official Gazette of Romania, Part I, no. 90 of 26 February 1998 and was amended by:
- -
- Law no. 383/2002 for the approval of the Government Ordinance no. 41/1998 on the fees in the industrial property protection field and the conditions for using the same, published in the Official Gazette of Romania, Part I, no. 471 of 2 July 2002 and corrected in the Official Gazette of Romania, Part I, no. 691 of 20 September 2002;
- -
- Law no. 381/2005 for amending and completing the Government Ordinance no. 41/1998 on the fees in the industrial property protection field and the conditions for using the same, published in the Official Gazette of Romania, Part I, no. 6 of 4 January 2006.
- A.
- for legal entities: a) 50% of each due amount, if the rate of turnover of the legal entity for the preceding financial year is less than the equivalent in lei of two million EUR; b) 20% of the amount of each due fee, if the rate of turnover of the legal entity for the preceding financial year is less than the equivalent in lei of one million EUR; c) 20% of the amount of each due fee, if the legal entity is the applicant of a patent application or the owner of a patent for invention whose subject-matter is an invention resulting from a research-development activity with public financing or if it is a public institution or non-profit organization;
B. for natural persons:
a) 50% of the amount of each due fee, if the natural person is also the author, with a monthly gross income, for the last 12 months preceding the month of payment, of less than 5 times the officially published average gross income on the economy, for the last 12 months;
b) 20% of the amount of each due fee, if the natural person is also the author, having a monthly gross income for the last 12 months preceding the month of payment, of less than 3 times the officially published average gross income on the economy, for the last 12 months.
Article 3
- (1)
- The reductions provided for in Article 2 shall apply, on the date of payment, for each procedure, except for the ones provided for in Art. 10, 13, 14, 18, 23, 26 and 29.The person requesting the grant of reductions, as applicant or patent owner, as the case may be, shall submit, on the date of payment, documents proving that the conditions laid down in Article 2 are met.
- (2)
- When there are several applicants or holders they benefit by reductions if each of these persons comply with the conditions provided for in Article 2; in these cases the due fee shall be paid in the due amount by the person benefitting by the least reduction.
Article 4
The amount of the fees in lei provided for in the annexes, as well as the level of the rate of turnover provided for in Article 2 can be updated yearly, by Government Decision, depending on the evolution of the currency rate of exchange, and the inflation index, respectively, valid on the date of 1 November of each year. The Government Decision shall come into force starting on the first day of the following year.
Article 5
- (1)
- The amounts owed to be paid to the State Office for Inventions and Trademarks from the fees paid by foreign applicants and right holders for performing the protection procedures and for maintenance in force of the protection titles in the territory of Romania, based on the international conventions, shall be paid or transferred into the account of the State Office for Inventions and Trademarks, according to the dispositions of these conventions
- (2)
- From the cashed amounts, the State Office for Inventions and Trademarks shall pay Romania’s share to the international and regional organizations, according to the conventions which it is a party to.
Article 6
The amounts owed to be paid to international or national authorities for performing procedures concerning the protection applications, in compliance with the international treaties to which Romania is a party, shall be paid or transferred by the applicants to the State Office for Inventions and Trademarks, with a view to being subsequently transferred to these authorities.
Article 7
- (1)
- The Romanian natural persons or legal entities shall pay the fees in lei laid down in the present ordinance.
- (2)
- The foreign natural persons or legal entities shall pay the due fees in EUR.
- (3)
- Where there are several Romanian and foreign applicants or owners, the jointly due fees shall be paid in EUR.
Article 8
The prices and tariffs for the publications and services performed, according to the legal provisions, by the State Office for Inventions and Trademarks, shall be established by the order of the Director General thereof.
CHAPTER II
FEES FOR LEGAL INDUSTRIAL PROPERTY PROTECTION PROCEDURES
SECTION 1
FEES FOR PATENT APPLICATIONS AND PATENTS FOR INVENTION
Article 9
The amount and times for payment of the fees for the protection of inventions are the ones provided for in Annexe 1.
Article 10
- (1)
- The provisions of Article 2 shall not apply for the procedures laid down in paragraph 5, paragraph 6 letter c), paragraphs 7, 9 - 11, paragraph 14 letter a) and b), paragraph 18 and paragraphs 24 - 38 in the Annexe no. 1.
- (2)
- The reductions laid down in Article 2 shall apply to the fees for maintenance in force of the patent for invention laid down in paragraph 23 of the Annexe no. 1, only for the first 5 years of protection.
Article 11
- (1)
- The fees for maintenance in force for the first years of protection, including the year following to the year of publishing the mention of the decision to grant the patent for invention shall be paid within 12 months of the date of publication.
- (2)
- For each of the protection years following to the ones provided for in paragraph (1) the fee for maintenance in force shall be paid annually, by the beginning of the respective protection year.
- (3)
- The annual fees for a European patent shall be paid to the State Office for Inventions and Trademarks for the years following to the year of publishing, by the State Office for Inventions and Trademarks, of the mention of the European patent issue.
- (4)
- If the deadline for the first payment of the due fee is within 3 months of the date of publishing the mention of the European patent issue, the fee shall be paid in the amount provided for in paragraph 23 of the Annexe no. 1.
- (5)
- The fees for maintenance in force of the patent for invention not paid within the time limits under paragraphs (1) and (2) can be paid with a 50% increase, subsequently, within a six-month period.
- (6)
- Failure to pay these fees up to the expiration of the time limit under paragraph (5) entails the lapse of the owner’s rights deriving from the patent. The lapse shall be published in the Official Industrial Property Bulletin.
Article 12
At the time of payment of the patent revalidation fee, the owner thereof shall also pay the fee for maintenance in force, provided for in paragraph 23 in the Annexe 1, owed for the period that was not paid for. The revalidation shall be published in the Industrial Property Official Bulletin.
Article 13
(1) The provisions of Article 2 shall not apply for fees concerning the supplementary protection certificates for medicaments and plant protection products, laid down in Annexe no. 1.
(2)The provisions relating to the patent applications and patents for invention laid down in Article 9 shall also apply to the supplementary protection certificates for medicaments or for plant protection products.
(3) The fee for maintenance in force of the supplementary protection certificates shall be paid annually, by the start of said protection year.
SECTION 2
FEES FOR APPLICATIONS AND CERTIFICATES FOR THE REGISTRATION OF UTILITY MODELS
Article 14
The amount and the time limits concerning the payment of fees for applications and certificates for utility model registration are laid down in Annexe no. 2.
Article 15
The provisions of Article 2 shall not apply to the procedures provided for in paragraph 2 and paragraph 4 letters b) and c) in the Annexe no. 2.
Article 16
The fees for maintenance in force of the utility models shall be paid for year groups, according to Annexe 2.
Article 17
The provisions relating to patent applications and patents for invention, laid down in Article 9 shall also apply to utility models.
SECTION 3
FEES FOR PLANT PATENT APPLICATIONS AND PLANT PATENTS
Article 18
The amount and time limits for the payment of fees for plant patent applications and plant patents are laid down in Annexe no. 3.
Article 19
The provisions of Article 2 shall not apply for the procedures laid down in Annexe no. 3.
Article 20
- (1)
- The fees for maintenance in force for the first years of protection, running from the date of granting the plant patent, shall be paid by the date of patent issue.
- (2)
- For each of the years following to the ones laid down in paragraph 1, the fee for maintenance in force shall be paid annually, by the beginning of the respective protection year.
Article 21
The fees for maintenance in force of the plant patent, not paid within the time limits stipulated in Annexe 3, can be paid with a 50% increase, subsequently, within a six-month period.
SECTION 4
FEES FOR THE REGISTRATION OF MARKS AND GEOGRAPHICAL INDICATIONS
Article 22
The amount and time limits for the payment of fees for marks and geographical indications are laid down in the Annexe no. 4.
Article 23
The provisions of Article 2 shall not be applied for the registration of marks and geographical indications.
Article 24
- (1)
- The fees for the renewal of the mark or of geographical indication not paid within the time limit stipulated by the law, may be paid with an increase of 50%, subsequently, within a six-month period from the expiry of the protection.
- (2)
- Failure to pay the fees before the expiry of the time limit stipulated in the preceding paragraph entails the lapse of holder’s rights deriving from the mark or geographical indication registration.
SECTION 5
FEES FOR INDUSTRIAL DESIGNS
Article 25
The amount and time limits for the payment of fees for industrial designs are laid down in the Annexe no. 5.
Article 26
- (1)
- For the registration of the industrial designs only the reductions laid down in Article 2 letter a) shall be applied.
- (2)
- The reductions mentioned in paragraph 1 for the fees laid down in paragraphs 3, 4 and 8 -17 of the Annexe no. 5 shall not be applied.
Article 27
- (1)
- The fees for maintenance in force and renewal of the industrial design certificate shall be paid for five-year periods.
- (2)
- The fees mentioned in paragraph 1, not paid within the time limits established in Annexe 5 shall be paid with a 50% increase, subsequently, within a six-month period.
SECTION 6
FEES FOR REGISTRATION OF TOPOGRAPHIES OF SEMICONDUCTOR PRODUCTS
Article 28
The amount and time limits concerning the payment of fees for topographies of semiconductor products are stipulated in Annexe no. 6.
Article 29
The provisions of Article 2 shall not apply for fees laid down in Annexe no. 6.
Article 30
- (1)
- The payment of fees laid down in paragraphs 1 - 5 of the Annexe 6 represents one of the legal conditions for constituting the regular filing necessary for the registration of a topography.
- (2)
- Failure to pay the fees laid down in paragraph 1 entails the refusal of the topography registration.
Article 31
The fees laid down in Annexe 6, cashed by the State Office for Inventions and Trademarks shall be refunded to the payer, upon the request thereof, unless the carrying out of the works they were paid for have started , except for the fees provided for in paragraphs 1 and 2, which shall not be refunded.
CHAPTER III
CONDITIONS FOR USING THE FEES IN THE INDUSTRIAL PROPERTY FIELD
Article 32
- (1)
- The receipts in lei and currency obtained by the application of the present ordinance, constitute the income of the State Office for Inventions and Trademarks which is administered and used in extra budgetary conditions, according to the law. The functioning expenditures and investment expenditures of the State Office for Inventions and Trademarks shall be financed from the gained extra budgetary income.
- (2)
- For the formation of funds required to finance the capital expenditures necessary to reinforce and extend the headquarters building of the State Office for Inventions and Trademarks, by the annual budget laws, there can be allotted funds from the state budget to the State Office for Inventions and Trademarks. The amounts remained unspent at the end of the year from the budget allotments shall be deposited to the state budget.
Article 33
The income and expenditure budget of the State Office for Inventions and Trademarks shall be drawn up annually, according to the methodological norms elaborated by the Ministry of Public Finances and shall be approved by the Director General of the State Office for Inventions and Trademarks, with the acceptance by the Ministry of Public Finances.
Article 34
The financial reserves in lei and currency available at the end of the year, after subtracting the payment obligations and the anticipated receipts shall be distributed as follows: a) a share of up to 50% for granting a bonus payment to the personnel employed with individual labour contract; b) the difference shall be carried forward and shall remain at the disposal of the State Office for Inventions and Trademarks to be used in the following year, according to the destinations
approved by the income and expenditure budget, according to the legal provisions.
Article 35
(1)The fund for granting the personnel bonus payment can be formed and granted monthly, according to the provisions of the law, with the obligation to be provided in the annual fund approved by the income and expenditure budget.
(2) The criteria and conditions for granting the personnel a bonus payment provided for by Article 34 shall be established by the order of the Director General of the State Office for Inventions and Trademarks.
CHAPTER IV
CONTRAVENTIONS AND SANCTIONS
Article 36
- (1)
- The carrying out of the procedures laid down in the present ordinance without the payment of the legal fees therefor, constitutes a contravention and shall be sanctioned with a fine from 50 lei to 250 lei.
- (2)
- The contravention shall be ascertained by the persons empowered by the Director General of the State Office for Inventions and Trademarks.
- (3)
- The provisions of paragraph (1) shall be completed with the provisions of the Government Ordinance no. 2/2001 on the legal conditions relating to contraventions, approved with amendments and completions by the Law no. 180/2002, with the subsequent amendments and completions.
CHAPTER V
TRANSITORY AND FINAL DISPOSITIONS
Article 37
The annexes 1 to 61 are an integral part of the present ordinance.
Article 38
For the procedures and for the maintenance in force of the protection titles for which the fees have not been paid up to the coming into force of the present ordinance, there shall be paid
1Annexes 1 - 6 are reproduced in facsimile
the fees laid down in the annexes to the present ordinance.
Article 39
Within 3 months of the date of coming into force of the present ordinance, the Government will adopt a new decision concerning the organization and functioning of the State Office for
1)
Inventions and Trademarks , as a consequence of the functioning thereof in extra bugetaryconditions.
Article 40
The Director General of the State Office for Inventions and Trademarks shall approve the norms for implementing the provisions of the present ordinance, with the acceptance by the Ministry of Public Finances.
Article 41
The provisions of the present ordinance shall come into force 30 days of the date of publication thereof in the Official Gazette of Romania, Part I.
Article 42
On the date of coming into force of the present ordinance the following shall be abrogated: Law no. 120/1992 on the fees for patent applications and patents for invention, published in the Official Gazette of Romania, Part I, no.1 of 8 January 1993; Government Decision no. 274/1991 on the fees for factory marks, commerce marks and service marks, as well as for appellations of origin of products, published in the Official Gazette of Romania, Part I, no. 99 of 9 May 1991; Article 28 and Annexes no. 1 and 2 of the Law no. 129/1992 on the industrial design protection, published in the Official Gazette of Romania, Part I, no. 1 of 8 January 1993; Article 44-47 of the Law no. 16/1995 on the protection of topographies of integrated circuits, published in the Official Gazette of Romania, Part I, no. 45 of 9 March 1995; Rule 25
(2) indented line 2, Rule 28 (3) c) and Rule 38 (2) of the Implementing Regulations of the Patent Law no. 64/1991, approved by the Government Decision no. 152/1992, published in the Official Gazette of Romania, Part I, no. 79 of 30 April 1992; Article 12 of the Government Decision no. 222/1995 on organization and functioning of the State Office for Inventions and
) Government Decision no. 573/1998 concerning the organization and functioning of the State Office for Inventions and Trademarks was published in the Official Gazette of Romania, Part I, no. 345 of 11 September 1998.
Trademarks, published in the Official Gazette of Romania, Part I, no. 71 of 19 April 1995, as
well as other contrary legal provisions.
NOTE:
We reproduce hereinafter Article III of the Law no. 381/2005 that is not incorporated in the
republished text of the Government Ordinance no. 41/1998 and that is applied as an own
disposition of the Law no. 381/2005:
“Article III - (1) The present law shall come into force on January 1, 2006.
(2) On the same date there shall be abrogated Article 43 and the Annexe of Law no. 255/1998, on the protection of plant varieties, published in the Official Gazette of Romania, Part I, no. 525 of 31 December 1998, Article 84 (2) of the Government Ordinance no. 57/2002 concerning the scientific research and technological development, published in the Official Gazette of Romania, Part I no. 643 of 30 August 2002, approved with modifications and completions by the Law no. 324/2003 with subsequent modifications, as well as any other contrary dispositions.”
Annexe no. 1
AMOUNT AND TIME LIMITS FOR THE PAYMENT OF FEES FOR PATENT APPLICATIONS AND PATENTS FOR INVENTION
| Crt. No. | Object of payment | Payment time limit | Amount (lei) | Amount (EUR) |
|---|---|---|---|---|
| 1 | Filing the patent application with OSIM | 3 months of the date of filing | ||
| a) on paper carrier | 108 | 30 | ||
| b) by electronic means | 72 | 20 | ||
| 2. | Publication of the patent application after 18 months of the filing date or of the claimed priority date | 6 months of the filing date or 16 months of the priority date | 180 | 50 |
| 3. | Patent application examination within 18 months of the payment date: | within 3 months of the filing date from the 4 and up to 30 month th th included | ||
| a) when the description, claims and drawings do not exceed 20 pages and the number of claims is not greater than 5 | 1,080 | 300 | ||
| b) for each page in addition to the number provided for under letter a) | 18 | 5 | ||
| c) for each claim in addition to the number provided for under letter a) | 36 | 10 | ||
| 4 | Printing the patent specification (description, claims, drawings) which does not exceed 20 pages and issue of the patent | 12 months of the date of publication of the grant decision | 360 | 100 |
| - for each additional page | 18 | 5 | ||
| 5 | Patent application publication | |||
| a) earlier than 18 months of the date of filing or of the claimed priority | at the time of requesting the publication | 360 | 100 | |
| b) after the declassification of the information | 3 months of the date of information declassification | 180 | 50 | |
| 6 | Drawing up and publishing a search report: | at the time of submitting the request | ||
| a) for a national application | 360 | 100 | ||
| b) for an international application for which the national phase was opened | 180 | 50 | ||
| c) extended with written opinion on patentability | 1,080 | 300 |
| Crt. No. | Object of payment | Payment time limit | Amount (lei) | Amount (EUR) |
|---|---|---|---|---|
| 7 | Patent application examination within 18 months of the filing date | 3 months of the filing date | ||
| a) when the description, claims and drawings do not exceed 20 pages, and the number of the claims does not exceed 5 | 1800 | 500 | ||
| b) for each page in addition to the number laid down under letter a) | 36 | 10 | ||
| c) for each claim in addition to the ones provided for under letter a) | 54 | 15 | ||
| 8 | Claiming a priority: | |||
| a) at the time of filing the patent application | 4 months of the application filing date | 180 | 50 | |
| b) in case of an international application for which the national phase was opened in Romania | at the time of opening the national phase | 180 | 50 | |
| c) after the date of filing the patent application | at the time of submitting the request | 720 | 200 | |
| d) correction of data relating to priority claiming | 4 months of the date of submitting the application or of the date of opening the national phase | 360 | 100 | |
| e) when the application is submitted after the expiry of the priority right | at the time of submitting the application for claiming the priority | 1,080 | 300 | |
| f) in case of an application which claims an internal priority | 4 months of the date of filing the application | 180 | 50 | |
| 9 | Issue of a priority certificate | at the time of submitting the application for the issue of the certificate | 72 | 20 |
| 10 | Maintenance of a patent application in the classification level assigned by the issuer, for a period of one year | at the time of the request for the first year, and one month in advance for each of the following years, respectively | 360 | 100 |
| 11 | The request for not publishing the inventors’ names in the patent documents | at the time of submitting the request | 180 | 50 |
| 12 | Filling in the patent application: | |||
| a) subsequently submitting the claims and/or the drawings | at the time of submitting | 36 | 10 | |
| b) submitting the translation in Romanian | at the time of submitting | 360 | 100 |
| Crt. No. | Object of payment | Payment time limit | Amount (lei) | Amount (EUR) |
|---|---|---|---|---|
| c) submitting the missing part of the description of the invention, with a view of establishing the patent application filing date | 4 months of the date of submitting the patent application | 108 | 30 | |
| d) submitting the application for withdrawal of the filed missing part | at the time of submitting the application for withdrawal | 72 | 20 | |
| 13 | Publication of the modifications brought to a patent application | at the time of submitting the modifications | 36 | 10 |
| 14 | Filing the modifications in the legal status of the patent application or of the patent for invention: | at the time of filing the document | ||
| a) transfers of rights | 360 | 100 | ||
| b) cancellation of documents stipulated under letter a) | 144 | 40 | ||
| c) changes relating to: concluded documents stipulated under letter a), ruling out or co-optation of an inventor, surname, first name, denomination or address of an applicant, entitled person, inventor or owner, change of the professional representative or of the address thereof etc | 90 | 25 | ||
| 15 | Converting a patent application into a utility model application | 2 months of the date of filing the request for conversion | 36 | 10 |
| 16 | Certification and issue of an official document such as: attestation, duplicate, copy | at the time of filing the request | 36 | 10 |
| 17 | Publication of a correction for eliminating errors due to the applicant, the person entitled to be granted the patent, professional representative or owner, for each page | at the time of filing the request | 18 | 5 |
| 18 | Extension by up to 3 months of a time limit for procedures | at the time of filing the request | 36 | 10 |
| 19 | Filing the application for the reinstatement in the time limit | at the time of filing the application | 180 | 50 |
| 20 | Examination of an appeal | at the time of lodging the appeal | 540 | 150 |
| 21 | Examination of an application for revocation | at the time of submitting the application | 1,080 | 300 |
| 22 | Revalidation of the patent for invention and of the improvement patent, respectively | at the time of submitting the application for revalidation | 1,080 | 300 |
| 23 | Maintenance in force of a patent for invention, the improvement patent included, for each year of protection | according to Article 12 |
| Crt. No. | Object of payment | Payment time limit | Amount (lei) | Amount (EUR) |
|---|---|---|---|---|
| -for the 1 year st | 0 | 0 | ||
| - for the 2 year nd | 0 | 0 | ||
| - for the 3 year rd | 540 | 150 | ||
| -for the 4 year th | 576 | 160 | ||
| - for the 5 year th | 648 | 180 | ||
| - for the 6 year th | 720 | 200 | ||
| - for the 7 year th | 792 | 220 | ||
| - for the 8 year th | 864 | 240 | ||
| - for the 9 yearth | 936 | 260 | ||
| - for the 10 year th | 1,008 | 280 | ||
| - for the 11 year th | 1,080 | 300 | ||
| - for the 12 year th | 1,152 | 320 | ||
| - for the 13 year th | 1,224 | 340 | ||
| - for the 14 year th | 1,332 | 370 | ||
| - for the 15 year th | 1,440 | 400 | ||
| - for the 16 year th | 1,800 | 500 | ||
| - for the 17 year th | 1,800 | 500 | ||
| - for the 18 year th | 1,800 | 500 | ||
| - for the 19 year th | 1,800 | 500 | ||
| - for the 20 year th | 1,800 | 500 | ||
| 24 | Registration and examination of the application for the grant of a supplementary protection certificate for a medicament or a plant protection product | at the time of the request | 1,800 | 500 |
| 25 | Maintenance in force of the supplementary certificate for each year of protection: | |||
| - for the 1 year st | 3,600 | 1,000 | ||
| - for the 2 year nd | 3,960 | 1,100 | ||
| - for the 3 year rd | 4,320 | 1,200 | ||
| - for the 4 year th | 4,680 | 1,300 | ||
| - for the 5 year th | 5,040 | 1,400 | ||
| 26 | Opening the national phase of the international application | at the time of opening the national phase | 108 | 30 |
| Crt. No. | Object of payment | Payment time limit | Amount (lei) | Amount (EUR) |
|---|---|---|---|---|
| 27 | Publication of the translation into Romanian of an international application for which the national phase was opened: | at the time of requesting the publication | ||
| a) within the legal time limit for publication | 180 | 50 | ||
| b) before the expiry of the legal time limit for publication | 288 | 80 | ||
| 28 | Fees concerning the PCT patenting procedures | |||
| 28.1. Transmittal of the international application from O.S.I.M., as a receiving office, to the International Bureau of WIPO | by the 13th month of the priority date | 360 | 100 | |
| 28.2. Fee for international registration, according to Rule 15.1 (i) of the PCT Implementing Regulations | one month of the date of submitting the international application | amount provided for by Rule 96 of the PCT Implementing Regulations | ||
| 28.3. International search fee, according to Rule 16.1 of the PCT Implementing Regulations | one month of the date of submitting the international application | amount published by the International Bureau of WIPO | ||
| 28.4. Subsequently submitting the translation of the international application into a language accepted by the Authority charged to perform the international search, according to Rules 12.3(c)ii) and e) of the PCT Implementing Regulations | 2 months of the date of submitting the international application | equivalent value in lei | 25% of the amount stipulated under paragraph 28.2 | |
| 28.5. Additional fee according to the PCT Implementing Regulations for late payment of each fee laid down in paragraphs 28.1 - 28.3 | one month of the date of notification | 50% of the amount stipulated in paragraph 28.1 28.3 | ||
| 29 | Publication of the translation into Romanian of the claims in the European patent application with effects in Romania | at the time of submitting the translation | 216 | 60 |
| 30 | Publication of a corrected version of the translation into Romanian of the claims in the European patent application with effects in Romania | at the time of submitting the corrected version | 108 | 30 |
| 31 | Publication of the translation into Romanian of the specification of European patent with effects in Romania, which does not exceed 20 pages and that has been submitted: | |||
| a) within 3 months of the date of publication of the patent issue mention | 3 months of the date of publication by EPO of the patent issue mention | 360 | 100 | |
| Crt. No. | Object of payment | Payment time limit | Amount (lei) | Amount (EUR) |
|---|---|---|---|---|
| - for each additional page | 18 | 5 | ||
| b) within 3 months from the expiry of the time limit under letter a) | 6 months of the date of publication by EPO of the patent issue mention | 720 | 200 | |
| - for each additional page | 18 | 5 | ||
| 32 | Publication of the translation into Romanian of the specification of European patent maintained as amended after the opposition procedure with EPO, which does not exceed 20 pages and which has been submitted: | |||
| a) within 3 months of the date of publication by EPO of the patent amendment mention | 3 months of the date of publication by EPO of the mention of maintaining the European patent as amended | 180 | 50 | |
| - for each additional page | 18 | 5 | ||
| b) within 3 months from the expiry of the time limit stipulated under letter a) | 6 months of the date of publication by EPO of the mention of maintaining the European patent as amended | 360 | 100 | |
| - for each additional page | 18 | 5 | ||
| 33 | Submitting an application for converting the European patent application into national patent application for each country | 3 months of the date when the European patent application is deemed being withdrawn | 180 | 50 |
| 34 | Filing an application resulting from converting a European patent application | 2 months from filing the application | 108 | 30 |
| 35 | Transfer of rights on the European patent application/patent for invention | at the time of filing the document | 360 | 100 |
| 36 | Publication of the corrected translation of the specification of European patent with effects in Romania | at the time of filing | 72 | 20 |
| 37 | Issue of a certificate for the recognition of the European patent effects in Romania | at the time of filing the application | 36 | 10 |
| 38 | Publication of a correction concerning the content of the end page of the European patent for eliminating errors due to owner | at the time of filing the request | 18 | 5 |
Annexe No. 2
AMOUNT AND TIME LIMITS
CONCERNING THE PAYMENT OF FEES FOR THE UTILITY MODEL APPLICATIONS AND
REGISTRATION CERTIFICATES
| Crt. No. | Object of payment | Payment time limit | Amount (lei) | Amount (EUR) |
|---|---|---|---|---|
| 1 | Submitting the application for the utility model registration certificate | 3 months of the date of filing | 108 | 30 |
| 2 | Printing the description, claims and drawings and issue of the utility model registration certificate not exceeding 20 pages | 12 months of the date of filing the utility model registration application | 360 | 100 |
| - for each additional page | 18 | 5 | ||
| 3 | Drawing up and publishing a search/examination report | at the time of submitting of the request | 360 | 100 |
| 4 | Maintenance in force of the utility model registration certificate | |||
| a) for the first six years of protection | at the time of certificate issue | 1,080 | 300 | |
| b) for the seventh-eighth years of protection | by the beginning of the protection period | 720 | 200 | |
| c) for the ninth-tenth years of protection | by the beginning of the protection period | 1,080 | 300 |
Annexe No. 3
AMOUNT AND TIME LIMITS CONCERNING THE PAYMENT OF FEES FOR THE PLANT PATENT APPLICATIONS AND PATENTS
| Crt. No. | Object of payment | Payment time limit | Amount (lei) | Amount (EUR) | |
|---|---|---|---|---|---|
| 1 | Filing and publication of the plant patent application | at the time of filing | 108 | 30 | |
| 2 | Examination of the variety denomination | at the time of filing | 108 | 30 | |
| 3 | Claiming the priority of an earlier application | at the time of submitting the application | 180 | 50 | |
| within 3 months from the request | 360 | 100 | |||
| 4 | Substantive examination of the plant patent application | at the time of the request | 360 | 100 | |
| after the publication of the application | 180 | 50 | |||
| 5 | Technical examination of the plant patent application for groups of varieties (DUS)* for each test year | at the time of the request, depending on the group of varieties | G1 | 414 | 115 |
| G2 | 432 | 120 | |||
| G3 | 360 | 100 | |||
| G4 | 360 | 100 | |||
| G5 | 360 | 100 | |||
| 6 | Issue of a plant patent | 12 months of the date of publication of the decision | 180 | 50 | |
| 7 | Examination of an appeal | at the time of lodging the appeal | 360 | 100 | |
| 8 | Examination of a revocation application | at the time of submitting the application | 540 | 150 | |
| 9 | Examination of a cancellation application | at the time of submitting the application | 540 | 150 | |
| 10 | Maintenance in force of a plant patent for each year of protection, on groups of varieties: | according to Art. 138 | |||
| a)for the first-fifth years of protection | G1 | 180 | 50 | ||
| G2 | 180 | 50 | |||
| G3 | 144 | 40 | |||
| G4 | 144 | 40 | |||
| G5 | 108 | 30 | |||
| Crt. No. | Object of payment | Payment time limit | Amount (lei) | Amount (EUR) | |
|---|---|---|---|---|---|
| b) for the following years of protection, starting with the sixth year | G1 | 360 | 100 | ||
| G2 | 360 | 100 | |||
| G3 | 288 | 80 | |||
| G4 | 288 | 80 | |||
| G5 | 252 | 70 | |||
| 11 | Examination of an application for revalidation of the plant patent | at the time of submitting the application | 180 | 50 | |
| 12 | Purchasing the technical report from another UPOV member State | at the time of submitting the request to the State Office for Inventions and Trademarks | 1,008 | 280 | |
| 13 | Inspecting the National Register for Plant Patents | at the time of submitting the request | 72 | 20 | |
| 14 | Filing the modifications in the legal status of the plant patent application or of the plant patent: | ||||
| a) transfer of rights | at the time of the request | 180 | 50 | ||
| b) other modifications | at the time of the request | 36 | 10 | ||
| 15 | Issue of duplicates, copies, attestations | at the time of submitting the request to O.S.I.M. | 36 | 10 | |
| 16 | Extension by up to one year of the time limit for the procedure | at the time of submitting the request | 360 | 100 | |
*DUS - distinctness, homogeneity, stability
Groups of plant varieties
G1: spring barley, autumn wheat, spring wheat, triticale, sugar beet, potato, winter rape, oat, rye;
G2: fodder maize, pea (edible varieties), red clover, perennial ryegrass, onion, field cucumbers, white cabbage,
carrots, field tomatoes, apple-tree, plum-tree, sour cherry-tree, strawberry;
G3: winter barley, field beans, pea (fodder varieties), yellow lupine, white clover, lucern, lucern hybrids, fescue,
fodder beet, tobacco: cauliflower, garden beet, celery, dwarf bean, garden pea, mushrooms, hop, pear-tree
(varieties engrafted on mother plant), plum-tree (varieties engrafted on mother plant), apple-tree (varieties
engrafted on mother plant); black currant;
G4: spring triticale, blue lupine, ryegras: garlic, Brussels sprouts, greenhouse tomatoes; root parsley, garden
lettuce for heads, spinach; rose (greenhouse varieties), gerbera, carnations, chrysanthemums; raspberry, red
currant;
G5: varieties not included in groups G1 - G4.
Annexe No. 4
AMOUNT AND TIME LIMITS CONCERNING THE PAYMENT OF FEES FOR MARKS AND GEOGRAPHICAL INDICATIONS
| Crt. No. | Object of payment | Payment time limit | Amount (lei) | Amount (EUR) |
|---|---|---|---|---|
| 1 | Filing the application for registration of an individual/collective and certification mark | at the time of submitting the application | 36 | 10 |
| 2 | Publication of the application for the registration of a mark after the national regular filing was constituted | one month of the date of constituting the national regular filing | ||
| - black-and-white | 108 | 30 | ||
| - colour | 360 | 100 | ||
| 3 | 3.1. Examination of the application for registration of an individual mark: | 3 months of the date of submitting the application | ||
| a) for a class of products or services | ||||
| - black- and-white | 396 | 110 | ||
| - colour | 684 | 190 | ||
| b) for each additional class of products and/or services | 180 | 50 | ||
| c) additionally for a figurative element or a word mark with special graphics | 108 | 30 | ||
| 3.2. Renewal of an individual mark: | at the time of submitting the application | |||
| a) for a class of products or services | ||||
| - black -and-white | 432 | 120 | ||
| - colour | 720 | 200 | ||
| b) for each additional class of products and/or services | 180 | 50 | ||
| c) additionally for a figurative element or a word mark with special graphics | 108 | 30 | ||
| 4 | 4.1. Examination of the application for registration of a collective and certification mark: | 3 months of the date of submitting the application | ||
| a) for a class of products or services |
| Crt. No. | Object of payment | Payment time limit | Amount (lei) | Amount (EUR) |
|---|---|---|---|---|
| - black - and-white | 1,404 | 390 | ||
| - colour | 1,764 | 490 | ||
| b) for each additional class of products and/or services | 252 | 70 | ||
| c) additionally for a figurative element or a word mark with special graphics | 216 | 60 | ||
| 4.2. Renewal of a collective or certification mark: | at the time of submitting the application | |||
| a) for a class of products or services | ||||
| - black - and-white | 1,440 | 400 | ||
| - colour | 1,800 | 500 | ||
| b) for each additional class of products and/or services | 216 | 60 | ||
| c) additionally for a figurative element or a word mark with special graphics | 216 | 60 | ||
| 5 | Requesting the renewal of the mark registration after the expiry of the protection duration in course | 6 months of the date of expiry of the protection duration in course | ||
| 6 | Submitting the documents for claiming a priority | at the time of submitting the application | 180 | 50 |
| 3 months of the date of submitting the application for registration of the mark | 720 | 200 | ||
| 7 | Issue of a priority certificate | at the time of requesting the certificate issue | 108 | 30 |
| 8 | Issue of the certificate for registration of the mark | 3 months of the date of the mark publication | 180 | 50 |
| 9 | Issue of the certificate for mark registration renewal | at the time of submitting the application for renewal of the mark registration | 180 | 50 |
| 10 | Issue of a duplicate of the registration certificate or of the mark registration renewal | at the time of submitting the application | 180 | 50 |
| 11 | Transmittal of the international application for registration or renewal of the mark from O.S.I.M. to the International Bureau of WIPO. | at the time of submitting the application for a class of products/services | 252 | 70 |
| Crt. No. | Object of payment | Payment time limit | Amount (lei) | Amount (EUR) |
|---|---|---|---|---|
| for each additional class of products/services | 108 | 30 | ||
| 12 | Transmittal to WIPO of the holder and/or address change | at the time of submitting the application | 108 | 30 |
| 13 | Examination of an opposition to the registration of a mark | at the time of lodging the opposition | ||
| for a class of products/services | 216 | 60 | ||
| for each additional class of products/services | 108 | 30 | ||
| 14 | Granting an additional 3-month time limit for submitting the viewpoint to the OSIM notification concerning the noncompliance with the conditions for the mark registration | at the time of submitting the application for the grant of each additional 3-month time limit | 36 | 10 |
| 15 | Division of the initial mark registration application | 3 months of the date of requesting the division of the application | 180 | 50 |
| 16 | Reclassification of the list of products and/or services for which the trademark registration is requested | 3 months from submitting the application | 108 | 30 |
| 17 | a) Examination of an appeal lodged by the applicant against a decision to reject or to partially accept | at the time of lodging the appeal | 540 | 150 |
| b) Examination of an appeal against a decision of the Examination Board or of a decision for transfer of rights | at the time of lodging the appeal | 900 | 250 | |
| 18 | Registration of a modification in the legal status of the mark | at the time of submitting the application for the registration of the modification | ||
| a) transfer of rights | 360 | 100 | ||
| b) regarding the change of the name, denomination or the applicant’s, holder’s or professional representative’s address | 90 | 25 | ||
| c) cancellation of the documents under letter a) | 144 | 40 |
| Crt. No. | Object of payment | Payment time limit | Amount (lei) | Amount (EUR) |
| d) introducing the professional representative into the procedure after the application was submitted on the national or international route | 90 | 25 | ||
| e) any other modifications for which the Law on Marks and Geographical Indications, no. 84/1998, published in the Official Gazette of Romania, Part I, no. 161 of April 23 1998, does not explicitly stipulate exemptions from the payment of fees | 90 | 25 | ||
| 19 | Issue of attestations, copies or other documents related to the legal status of a mark | at the time of submitting the request | 36 | 10 |
| 20 | Registration of a geographical indication | at the time of submitting the application for registration of the geographical indication | 1,440 | 400 |
| 21 | Issue of a geographical indication registration certificate | 2 months of the date of publication of the geographical indication in B.O.P.I | 180 | 50 |
| 22 | Renewal of the duration of use of a geographical indication | at the time of submitting the renewal application | 1,440 | 400 |
| 23 | Reclassification of the list of products for which the registration of a geographical indication is requested | at the time of submitting the application | 108 | 30 |
Annexe No. 5
AMOUNT AND TIME LIMITS CONCERNING THE PAYMENT OF FEES FOR INDUSTRIAL DESIGNS
| Crt. No. | Object of payment | Payment time limit | Amount (lei) | Amount (EUR) |
|---|---|---|---|---|
| 1 | Entering the application in the National Register of filed applications | at the time of submitting the application | ||
| a) for the first industrial design | 108 | 30 | ||
| b) for each additional industrial design | 36 | 10 | ||
| 2 | Publication of the industrial design: | one month from filing the application | ||
| a) for each standard (6 x 6 cm) black-and -white space figure | 72 | 20 | ||
| b) for each standard (6 x 6 cm) colour space figure | 360 | 100 | ||
| c) for the characteristic elements (maximum 30 words) | 36 | 10 | ||
| 3 | Postponing the publication | at the time of filing the application | 72 | 20 |
| 4 | Priority claiming | 3 months from submitting the priority claiming application | 72 | 20 |
| 5 | Examination of the registration application | one month from the publication of the application | ||
| a) for the first industrial design | 180 | 50 | ||
| b) for each additional industrial design | 36 | 10 | ||
| 6 | Issue of the registration certificate | one month from the communication of the decision to accept | ||
| a) for 1 - 20 designs | 72 | 20 | ||
| b) for 21 -50 designs | 108 | 30 | ||
| c) for 51 - 100 designs | 180 | 50 | ||
| 7 | Maintenance in force of the registration certificate for each 5 - year period of protection | one month from communicating the decision to accept for the first 5year protection period, up to the beginning of the following 5-year protection period, respectively | ||
| a) for 1 - 20 designs | 360 | 100 | ||
| b) for 21-50 designs | 450 | 125 | ||
| c) for 51 - 100 designs | 540 | 150 |
| Crt. No. | Object of payment | Payment time limit | Amount (lei) | Amount (EUR) |
|---|---|---|---|---|
| 8 | Issue of the renewal certificate | at the time of submitting the application | ||
| a) for 1 - 20 designs | 72 | 20 | ||
| b) for 21 - 50 designs | 90 | 25 | ||
| c) for 51 - 100 designs | 108 | 30 | ||
| 9 | Renewal of the registration certificate for each 5-year period | up to the beginning of the following protection period | ||
| a) for 1 - 20 designs | 100 | |||
| b) for 21 - 50 designs | 125 | |||
| c) for 51 - 100 designs | 150 | |||
| 10 | Issue of the priority certificate | 30 | ||
| 11 | Examination of an appeal | 150 | ||
| 12 | Examination of an opposition to the design registration | 30 | ||
| 13 | Revalidation of the industrial design registration certificate | 100 | ||
| 14 | Filing modifications in the legal status of an application or of the registration certificate: | |||
| a) transfer of rights | 30 | |||
| b) modifications concerning the applicant’s/ holder’s and professional representative’s name, denomination or address | 10 | |||
| c) cancellation of the documents under letter a) | 10 | |||
| 15 | Issue of documents, attestations, duplicates, certified copies, excerpts form the register | at the time of submitting the request | 36 | 10 |
| 16 | Transmitting the international registration/renewal application from O.S.I.M. to WIPO | at the time of submitting the application | ||
| a) for the first industrial design | 288 | 80 | ||
| b) for the following industrial designs | 72 | 20 | ||
| 17 | Extension by a 30-day period of the time limit provided for in the Implementing Regulations | at the time of filing the application | 36 | 10 |
Annexe No. 6
AMOUNT AND TIME LIMITS CONCERNING THE PAYMENT OF FEES FOR TOPOGRAPHIES OF SEMICONDUCTOR PRODUCTS
| Crt. No. | Object of payment | Payment time limit | Amount (lei) | Amount (EUR) |
|---|---|---|---|---|
| 1 | Submitting the application for registration of a topography | at the time of submitting the application or within 2 months of the date of notifying the failure to pay the fee | 108 | 30 |
| 2 | Examination of the application for registration of a topography | at the time of submitting the application or within 2 months of the date of notifying the failure to pay the fee | 360 | 100 |
| 3 | Registration of a topography | at the time of submitting the application or within 2 months of the date of notifying the failure to pay the fee | 108 | 300 |
| 4 | Publication of the registration of a topography | at the time of submitting the application or within 2 months of the date of notifying the failure to pay the fee | 54 | 15 |
| 5 | Issue of a registration certificate | at the time of submitting the application or within 2 months of the date of notifying the failure to pay the fee | 54 | 15 |
| 6 | Examination of an appeal | at the time of lodging the appeal | 360 | 100 |
| 7 | Registration of a modification in the legal status of the application or of the registration certificate: | at the time of filing the request | ||
| a) transfer of rights | 360 | 100 | ||
| b) other modifications | 90 | 25 | ||
| 8 | Studying the public documentation in the regular filing | at the time of filing the request | 36 | 10 |
| 9 | Issue of a certified copy of the public documents extant in the regular filing or of sheets in the National Register for Topographies | at the time of filing the request | 36 | 10 |