A patent can protect a new technical solution, granting the holder an exclusive right of exploitation within the limits established by law and the claims of the patent. In Romania, national applications are processed by the State Office for Inventions and Trademarks (OSIM), in accordance with Law no. 64/1991 on invention patents, republished in 2024.
Conditions of patentability
In principle, the invention must be new, involve inventive activity, and be capable of industrial application. Novelty is assessed in relation to the state of the art, i.e., the information made accessible to the public before the filing date or the recognized priority date. Inventive activity requires that the solution not be obvious to a person skilled in the art. Industrial applicability requires that the invention can be implemented or used in an area of activity.
Not every idea or presentation can be patented: the law provides for categories that are not considered inventions in themselves and excludes them from patentability. Therefore, the analysis must be made based on the technical solution and the claims, not just on the name or the desired result.
Preparation and submission of the application
The right to a patent belongs, in principle, to the inventor or his successor in rights; for inventions made as part of an employment relationship, the special rules of the law and applicable contracts are verified. The application is submitted to the OSIM and includes the required documents, such as the description of the invention, the claims, the summary and, where applicable, the drawings. The claims are essential: they establish the subject matter and the scope of the protection requested.
Before filing, it is prudent not to disclose technical details that could become part of the state of the art. Prior disclosure may affect the novelty; the law provides only limited exceptions, which must be verified for the specific situation. A documentary search can help identify already published solutions, but does not guarantee the granting of the patent.
Publication and review by the OSIM
National applications are usually published after 18 months from the date of filing or, if recognized, from the date of priority. The applicant may request publication earlier, under the law. Upon request, the OSIM may prepare and publish a documentation report, accompanied, as appropriate, by a written opinion regarding patentability.
The request for examination can be submitted together with the application or within 30 months from the date of deposit or from the opening of the national phase, as applicable. The OSIM verifies the fulfillment of legal conditions and may request clarifications or documents. At the end, the Specialized Examination Commission decides on granting the patent or rejecting the application. If the applicant does not request the examination within the stipulated time, the application may be rejected.
What protects the patent and how long it lasts
The patent grants the holder the exclusive right to exploit the invention. Under the law, the holder may prevent third parties from manufacturing, using, offering for sale, selling, or importing the patented product without his consent. If the patent concerns a process, the protection relates to the use of the process and the product obtained directly from it. The extent of the protection is determined by the claims, interpreted with the help of the description and drawings.
The duration of a patent is 20 years from the date of filing, subject to the legal obligations to maintain its validity, including the payment of annual fees. A national patent has effect in Romania; protection in other territories requires the use of applicable international or European standards. The law also recognizes the rights arising from the European patent, according to the legal conditions.
The reference texts are Law no. 64/1991 on invention patents, republished in 2024 and OSIM information about patents. The taxes and administrative requirements must be verified at OSIM at the time of submission, as they may be updated.
