Legislative Implementation of Flexibilities - Romania

Title:	Articles 7 (b) and 9 (b) of the Patent Law No. 64/1991 as republished in the OJ, Part I, No. 638/18.IX.2007
Field of IP:	Patents
Type of flexibility:	Exclusion from patentability of plants
Summary table:

Provisions of Law

Article 7 - A patent shall be granted for any invention having as a subject-matter a product or a process, in all technological fields, provided that it is new, involves an inventive step and is susceptible of industrial application.

Inventions in the field of biotechnology shall be patentable if they relate to:

b) plants or animals, if the technical feasibility of the invention is not limited to a particular plant variety or animal breed;

c) a microbiological process or other technical process or a product, other than a plant variety or animal breed, obtained by means of said process;

Article 9 - Patents shall not be granted under this Law in respect of:

b) plant varieties and animal breeds, as well as the essentially biological processes for the production of plants or animals. This provision shall not apply to microbiological processes or products obtained thereby;