Utility Models

– Law No. 350/2007 on Utility Models, in force since March 12, 2008.
– Regulations for implementing Law No. 350/2007, in force since December 4, 2008.

Membership in International Conventions

– Paris Convention for the Protection of Industrial Property, Stockholm Act.
– Convention Establishing the World Intellectual Property Organization (WIPO), since April 26, 1970.
– Patent Cooperation Treaty (PCT), Washington 1970, since July 23, 1979.
– WTO’s TRIPS Agreement, since January 1, 1995.
– The Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents (Apostille), since March 16, 2001.

Filing

Applicant: the inventor or his legal successor (individuals, firms and companies).

Applicants not living in the country: must appoint a domestic professional authorized representative residing in Romania.

Filing Office: State Office for Inventions and Trademarks (in Romanian: OSIM). 

Naming of inventor(s): compulsory, but the inventor may request not to be mentioned in any published document.

Notion of technical invention (utility model): the subject matter must be novel, not going beyond the level of a simple professional skill and being susceptible of industrial applicability.

Kind of protection: certificate for registration of a utility model.

Not patentable: inventions contrary to public order and public morals, ideas, discoveries, scientific theories, mathematical methods, computer programs, solutions having an economic or organizational character, diagrams, educational and teaching methods, game rules, town planning, systematization plans and methods, physical phenomena (all per se), culinary receipts, aesthetic features, plant varieties and animal breeds, inventions having as subject matter a biological material, a chemical or pharmaceutical substance, a process or a method.

Priorities: priority document(s) must be filed within sixteen months from the earliest priority date. Restoration of priority right must be claimed within two months from the expiration of the twelve-month priority term. One or more partial priorities may be claimed. Priorities "in cascade" are not accepted. A fee for each priority must be paid. Failure to pay the priority claiming fee leads to the non-recognition of priority.

Filing requirements for an application: the same as for “Patents of Invention“.

Examination, Granting, Protection

Examination: no examination performed concerning novelty, level of simple professional skill and industrial applicability. However, for all filed utility model applications, the State Office issues a documentary search report within a six-month period from the filing date. The issuance of said search report is subject to a compulsory official fee. Within a six-month period from delivery of the search report the claims may be amended.

Conversion into a patent application: possible until a decision is taken. 

Division: possible until a decision is taken.

Registration: after payment of the certificate publication and issuing fee.

Duration: six years.

Extension: upon request, protection may be extended up to ten years, by two successive renewals, each of two years.

Rights acquired by a utility model: the utility model confers to the applicant an exclusive right to use and to forbid third parties from making, selling, offering for sale, using and storing in view of offering for sale or using thereof.

Marking: as patented goods: optional.

Modification of protection: same as for “Patents of Invention“. 

Cancellation: upon request, if certain conditions are fulfilled, by a reexamination board within the State Office. The decisions may be appealed against by an appeal lodged with the Law Court of Bucharest. Decisions of the Law Court of Bucharest may be appealed against by recourse lodged to the Court of Appeal of Bucharest.