The only way to receive trademark or patent protection typically is to register them with the State Office for Inventions and Trademarks (OSIM), depending on the precise requirements outlined in the Romanian Trademark Law no. 84/1998 and the Romanian Patent Law no. 64/1991, respectively.
The invention must:
- Display a novel quality, a new characteristic not already known in the technological field. Known information is referred to as “prior art.”
- Include an “inventive step” or be “non-obvious,” meaning someone with average expertise in the pertinent technical field could not infer it;
- Have an industrial application, which requires that it can serve more than just a theoretical purpose or be beneficial for an industrial or corporate purpose. Its topic must be acknowledged as “patentable” in legal terms. In this regard, scientific hypotheses, artistic creations, mathematical techniques, plant or animal varieties, natural substance discoveries, commercial techniques, methods for medical treatment (as opposed to medical products), or computer programs are typically not patentable;
Be disclosed in an application sufficiently clear and complete to enable it to be replicated by a person with an ordinary skill level in the relevant technical field.
Filing requirements
Documents required to obtain a filing date – Order Letter containing the following information:
- the full name, complete postal address, and nationality (or state of incorporation of the/each applicant; full name and complete postal address of the inventor(s);
- title of the invention;
- instructions on whether priority should be claimed from any prior applications filed in countries party to the Paris Convention, including information on the date, location, official number, and applicant of each such application from which priority is to be claimed; the proposed description of the invention (with drawings as necessary), at least one claim, and an abstract. If the claim(s) or description and claim(s) are to be changed by us before filing, that information should be specified. The proposed description and claims may be submitted in English, French, or German to the Patent and Trademark Office; however, in this instance, the translation into Romanian must be submitted within two months of the filing date.
- International Publication, copy in the case of PCT Applications.
Novelty grace period
The Patent Law in Romania provides a grace period of six months for two specific cases of non-prejudicial disclosure:
- an evident abuse in relation to the applicant or its legal predecessor; or
- the invention being displayed at an official or officially recognized international exhibition.
Validity term
The duration of a patent of invention is 20 years from the date of filing.
Also, contact for trademark registration in Romania.