Legislative Implementation of Flexibilities - Romania

Title:	Articles 14 (c), 18, 28 (c) and 52 (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:	Disclosure related flexibilities
Summary table:

Provisions of Law

Article 14

The patent application drawn up in Romanian must contain:

c) a description of the invention;

Article 18

The invention shall be disclosed in the patent application in a manner sufficiently clear and complete for it to be carried out by a person skilled in the art.

If the invention relates to a biological material or to the use of a biological material which is not available to the public and which cannot be described in the patent application in such a manner as to enable the invention to be carried out by a person skilled in the art, the requirements prescribed in paragraph 1 shall only be considered fulfilled if the applicant produces a document attesting that, prior to the date of filing of the patent application, the biological material was deposited with an international depositary institution.

The claims shall define the matter for which protection is sought and shall be clear and concise and be supported by the description of the invention.

Article 28

On the basis of the patent application examination report, OSIM shall decide through the specialized Examination Board, to grant a patent or to refuse the patent application.

OSIM shall decide to refuse the patent application in the following cases:

c) the invention to which the application relates does not meet the requirements of Art. 18;

Article 52

Any interested person is entitled to apply with OSIM, in writing, on valid grounds, for the revocation of the patent, within 6 months of the publication of the mention of granting the patent, provided that:

b) the subject-matter of the patent does not disclose the invention in a manner sufficiently clear and complete for it to be carried out by a person skilled in the art;