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Dr. ing. Alexandru Cristian Strenc Deputy Director General

CERN-ROMANIA MEETING 20-21 November 2012. Romanian Patent System. Dr. ing. Alexandru Cristian Strenc Deputy Director General State Office for Inventions and Trademarks OSIM Romania. Overview. 20-21 November, Magurele. - The Romanian patent legislation

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Dr. ing. Alexandru Cristian Strenc Deputy Director General

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  1. CERN-ROMANIA MEETING 20-21 November 2012 Romanian Patent System Dr. ing. Alexandru Cristian Strenc Deputy Director General State Office for Inventions and Trademarks OSIM Romania

  2. Overview 20-21 November, Magurele • - The Romanian patent legislation • -International harmonisation of the RO patent law • -European compatibility of the RO patent law • - Basics of patent protection in Romania-with a view to physics • - Why Romanian researchers should have a”first filing” in Romania when patenting abroad • - Conclusions Author: dr.ing Alexandru Cristian Strenc

  3. 20-21 November, Magurele 1. The Romanian patent legislation • -the first Romanian patent law in 1906>a rich and proud history of the patent protection; • -Patent Law no 64/1991 as republished in 2007; • -Implementing Regulations-Governmental Decision no. 547/2008; • -Government Ordinance no. 41/1998 as republished in 2006, on the fees in the field of IP and their regime of utilisation; • -Internal Instructions on the Search Reports, electronic filing, a.o.; • -Internal Instructions ond SPC’s and extension of the SPC’s; Author: dr.ing Alexandru Cristian Strenc

  4. 20-21 November, Magurele 1. The Romanian patent legislation • -patent legislation updated by the EU accession  fully harmonised with EU Directives and Regulations; • -patent granting based since many years on substantive examinationrobust and enforceable patents; • -OSIM is not a registering authority but a granting (atributive) authority; Author: dr.ing Alexandru Cristian Strenc

  5. 20-21 November, Magurele 2. International harmonisation of the RO patent law • -member since 1920 of the Paris Convention; • - Patent Law implemented: • -the PCT provisions on international protection; • -the PLT provisions, regarding the form and content of the patent application • -taks part activelly in the process of substantive harmonisation and a possible conclusion of a SPLT; • - started discussion with USPTO on the conclusion of a PPH Agreement; Autor: dr.ing Alexandru Cristian Strenc

  6. 20-21 November, Magurele 3.European compatibility of the RO patent law • -member of the European Patent Convention since 2003patent law if fully compatibilised with EPC • -European patents treated as national ones; • similar patentable objects, same restriction and exceptions to patentability; • -similar conditions of patentability: technical character, novelty, inventive step and applicability; • -similar procedural steps in processing a patent application with EPO and patent revocation; Autor: dr.ing Alexandru Cristian Strenc

  7. 20-21 November, Magurele 3.European compatibility of the RO patent law • -as EU member: • - Romania fully implemented into the Patent Law the Biotech Directive; • -grants SPC’s for pharmaceuticals and phitosanitarians • -took part activelly in the ongoing negociations on the EU patent and its jurisdition; Autor: dr.ing Alexandru Cristian Strenc

  8. 20-21 November, Magurele 4 Basics of patent protection in Romania-with a view to physics • -patentable inventionstechnical solutions, expressed in the terms of products or processes, which are new, involve an inventive step and are industrially aplicable; • -descoveries, ideeas, mathematical or physical theories, presentations of informations, bisiness methods, computer programs, “as such”, are not patentable nontechnical • -technical solutions which puts them into evidence, use or implements them into practice are technicalpatentable Autor: dr.ing Alexandru Cristian Strenc

  9. 20-21 November, Magurele 4 Basics of patent protection in Romania-with a view to physics • -computer implemented inventionspatentable; • -excluded from patentabilityinventions against “ordre public” or good behaviour; • -patent granted if invention fulfills conditions of: • -novelty • -inventive stepnonobviousness; • -industrially aplicability; “perpetuum-mobile” type inventions are not industrially aplicable; Autor: dr.ing Alexandru Cristian Strenc

  10. 20-21 November, Magurele 4 Basics of patent protection in Romania-with a view to physics • -patent granted after the formal examination decides that the application is legaly filed and the substantive examinations decides the fullfilment of the patentability conditions; • -OSIM decisions may be contested to the Reexamination Board and finally OSIM decisions may be appealed to the Municipal Court Autor: dr.ing Alexandru Cristian Strenc

  11. 20-21 November, Magurele 4 Basics of patent protection in Romania-with a view to physics • -patent gives to the proprietor exclusive right to exploit invention and to authorise its exploitation by a third party; Autor: dr.ing Alexandru Cristian Strenc

  12. 20-21 November, Magurele 5. Why Romanian researchers should have a”first filing” in Romania when patenting abroad • -legal reasons • -as the most direct result of a technological innovation, an invention obtained as result of a research funded by state budget, should primarely be used to retechnologise the national industry which contributed to that funding; • -nationals are restricted by law to apply first in Romania; • - the patented invention might be “secret” and patenting abroad could seriously infringe the law; Autor: dr.ing Alexandru Cristian Strenc

  13. 20-21 November, Magurele 5. Why Romanian researchers should have a”first filing” in Romania when patenting abroad • -practical reasons: • - making a “national” first filing, the romanian researcher has a “first reaction” from OSIM which enriches him and its application, and based on that, he can decide to patent abroad; • -increases significantly the chance to obtain a foreign patent; • -within the priority right of 12 monts, the RO researcher is protected and can find potential users, financial suporters, etc; Autor: dr.ing Alexandru Cristian Strenc

  14. 5. Conclusions 20-21 November, Magurele • -patent system in Romania allows a “strong” protection for both romanian inventors, eventually making a second filing abroad, as well as foreign investors starting business in Romania; • -nuclear physics involves high-tech solutions, particulary adequate to be patented; • -patent of inventins should be considered not a “diploma” but (one of ) the strongest tool of the market economy; Author: dr.ing Alexandru Cristian Strenc

  15. 20-21 November 2012, Magurele Thank you for your attention ! alexandru.strenc @osim.ro

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