Legislative Implementation of Flexibilities - Romania
| Title: | Articles 24-27 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: | Substantive examination |
| Summary table: |  |
Provisions of Law
Article 24
At the request of the applicant, OSIM shall draw up a search report which may be accompanied by a written opinion concerning the patentability, where appropriate, and shall publish the search report under the provisions of the Implementing Regulations to this Law.
If the search report is not published at the same time as the patent application, it shall be published subsequently.
Article 25
Examination of the patent application may be requested on the filing date of the patent application or, as the case may be, upon the opening of the national phase or within 30 months from one of these dates.
For the patents applications containing information classified as secret of State, examination may be requested on the filing date of the patent application or within 3 months from the date on which such secrecy has been lifted, but no later than 30 months before the expiry of the patent duration prescribed under Art. 31.
Article 26
OSIM shall examine whether:
A. the patent application satisfies:
a) the provisions of Art. 6;
b) the requirements concerning filing, prescribed under Art. 14 - 16;
c) the requirements for recognizing the priority, prescribed under Art. 20, 21 and 22;
d) the requirement of unity of invention, prescribed under Art. 19, paragraph 1;
B. the invention which is the object of the application:
a) is disclosed in accordance with Art. 18;
b) is not excluded from patentability under Art. 8, paragraph 1, or does not fail to comply with the requirements under Art. 9;
c) satisfies the patentability conditions under Art. 7 and Art. 10 - 13.
Article 27
OSIM is authorized to request the applicant to provide explanations and documents considered necessary in connection with the identity of the applicant or the inventor, with the regular national filing effected or in order to meet the conditions of patentability.
In all the procedures related to the patent application or the patent, OSIM may send notifications to the applicant, the patent owner or the interested person, and they may send communications to OSIM, observing the time limits prescribed by the Implementing Regulations to this Law, time-limits that may be extended by OSIM upon request, against payment of the prescribed fee.
The absence of notifications shall not absolve the applicant, patent owner or interested person from the obligation to meet the requirements of this Law.
The applicant shall file with OSIM all public documents connected to his invention, including copies of patents granted in other States.
At the request of OSIM or on his own initiative, the applicant or his successor in title may, until such time as a decision is made, modify the patent application, provided that the disclosure of the invention do not extend beyond the content of the patent application on the filing date.