The State Agency of Intellectual Property: Moldova
- Q1 Filing Date
- Q2 Representation
- Q3 Forms and Means of Communications
- Q4 Relief in Respect of Time Limits
- Q5 Reinstatement of Rights
- Q6 Restoration of priority Rights Where the Filing of the Subsequent Application was Delayed
- Q7 Restoration of priority Rights Where the Filing of a Copy of the Earlier Application was Delayed
- Q8 Request for Recordation of Change in Name or Address
- Q9 Request for Recordation of Change in Applicant or Owner
- Q10 Request for Recordation of a License or a Security Interest
- Q11 Request for Correction of a Mistake
Q1: Filing date
Q1-1 For the purpose of obtaining a filing date, an applicant may file an application on paper or “as otherwise permitted by the Office”. If your Office accepts applications filed in a form or by a means other than on paper, for the purpose of the filing date (for example, on-line filing), please provide a brief explanation regarding the acceptable form or means, and describe whether such form or means, for the purpose of the filing date, are different from the form or means applicable to applications accepted by your Office for the purpose of processing the application after according the filing date.
[Reference: PLT Article 5(1)(a)]
A1-1 For the purpose of obtaining a filing date an applicant may file an application with the our Office: (1) on paper; (2) by fax; (3) by post (registered letter); (4) by email; (5) in electronic form (on diskette) it shall correspond to the format: (a) computer IBM PC compatible; (b) OS WINDOWS; (c) carrier: diskette 3,5 formatted for 1,44 Mb.
The application documents may be filed with our Office by electronic means or form with the condition of submission within one month from the date of reception of the original on paper carrier together with the letter which identifies the previous received documents submitted by one such ways.
Q1-2 Does your Office accept a drawing as the element referred to as “a part which on the face of it appears to be a description” in PLT Article 5(1)(a)(iii)?
[Reference: PLT Article 5(1)(b)]
A1-2 Yes
Q1-3 For the purpose of according the filing date, a Contracting Party may require information allowing the identity of the applicant to be established or information allowing the applicant to be contacted by the Office, or the both. What is the requirement of your country?
(a) Information allowing the identity of the applicant to be established
(b) Information allowing the applicant to be contacted by the Office
(c) Both information allowing the identity of the applicant to be established and information allowing the applicant to be contacted by the Office.
[Reference: PLT Article 5(1)(c)]
A1-3 Both information allowing the identity of the applicant to be established and information allowing the applicant to be contacted by the Office.
Q1-4 Does your Office accept evidence allowing the identity of the applicant to be established or allowing the applicant to be contacted by the Office as the element referred to in PLT Article 5(1)(a)(ii) (“indications allowing the identity of the applicant to be established or allowing the applicant to be contacted by the Office”)?
[Reference: PLT Article 5(1)(c)]
A1-4 Yes
Q1-5 For the filing date to be determined under PLT Article 5(6)(b), which of the optional elements referred to in PLT Rule 2(4) are required by your Office?
(a) A copy of the earlier application
(b) A copy of the earlier application and its filing date, certified as correct
(c) A translation of the earlier application
(d) The missing part of the description or missing drawing must be completely contained in the earlier application
(e) The application must contain an indication that the contents of the earlier application were incorporated by reference
(f) An indication as to where the missing part of the description or the missing drawing is contained in the earlier application or in the translation.
[Reference: PLT Rule 2(4)]
A1-5 - A copy of the earlier application and its filing date, certified as correct
- A translation of the earlier application
- The missing part of the description or missing drawing must be completely contained in the earlier application
- The application must contain an indication that the contents of the earlier application were incorporated by reference
Q1-6 For a reference to a previously filed application to replace the description and any drawing for the purpose of the filing date under PLT Article 5(7), which of the requirements referred to in PLT Rule 2(5) are required by your Office?
(a) The reference to a previously filed application must indicate the filing date of the previously filed application
(b) A copy of the previously filed application
(c) A copy of the previously filed application, certified as correct
(d) A translation of the previously filed application
(e) The reference mentioned in PLT Article 5(7)(a) shall be to a previously filed application that has been filed by the applicant or his predecessor or successor in title
[Reference: PLT Rule 2(5)]
A1-6 - The reference to a previously filed application must indicate the filing date of the previously filed application
- A copy of the previously filed application, certified as correct
- A translation of the previously filed application
- The reference mentioned in PLT Article 5(7)(a) shall be to a previously filed application that has been filed by the applicant or his predecessor or successor in title
Q2: Representation
Q2-1 In addition to the procedures referred to in PLT Article 7(2)(a) and (b), are there any procedures before the Office that an applicant, owner or other interested person may carry out himself without, for example, a local representative? If yes, please list those procedures.
[Reference: PLT Article 7(2)]
A2-1 (a) filing of an application;
(b) payment of fee for filing of an application;
(c) payment of annual fee for keeping a patent in force;
(d) submission of copies of the earlier application
Q2-2 Where a single power of attorney relating to more than one application or patent of the same person is filed, does your Office require that a separate copy of the single power of attorney be filed for each application and patent?
[Reference: PLT Rule 7(2)(b)]
A2-2 Yes
Q3: Forms and Means of Communications
Q3-1 Does your Office permit the filing of communications by telegraph, teleprinter, telefacsimile or other similar means of transmittal? If yes, does your Office require that the original of such communication, accompanied by a letter identifying the earlier transmission, be filed on paper?
(a) The filing of communications by telegraph, teleprinter, telefacsimile, etc. is not permitted
(b) The filing of communications by telegraph, teleprinter, telefacsimile, etc. is permitted, and the original of the communications by telegraph, teleprinter, telefacsimile, etc. is required
(c) The filing of communications by telegraph, teleprinter, telefacsimile, etc. is permitted, and the original of the communications by telegraph, teleprinter, telefacsimile, etc. is not required
[Reference: PLT Rule 8(2)(c)]
A3-1 The filing of communications by telegraph, teleprinter, telefacsimile etc. is permitted, and the original of the communications by telegraph, teleprinter, telefacsimile etc. is required.
Q4: Relief in Respect of Time Limits
Q4-1 Which form of relief in respect of time limits does your Office provide?
[Reference: PLT Article 11(1), (2) and (4)]
A4-1 Extension of time limits requested prior to the expiration of the time limit
Period of extension: no more than 6 months
Amount of fee: 20$ for every month
Q4-2 Which actions are excluded from the relief as described in A4-1?
[Reference: PLT Article 11(3) and Rule 12(5)]
A4-2 (a) actions in respect of filing a request for extension time limits;
(b) payment of annual fees for keeping a patent in force;
(c) request for the exhibition priority;
(d) filing of the request for examination;
(e) filing of an opposition with the Appeal Board of our Office.
Q5: Reinstatement of Rights
Q5-1 Under which circumstance does your Office reinstate the rights of the applicant or owner as referred to in PLT Article 12? In addition, please provide a brief explanation of the applicable standard.
[Reference: PLT Article 12(1)]
A5-1 - Failure to comply with the time limit occurred in spite of due care required by the circumstances having been taken
- Failure to comply with the time limit was unintentional
The request for reinstatement of rights (application form 1020) with the specified reasons of time omission actions is addressed to the General Director of our Office.
Q5-2 What is the time limit for making a request for reinstatement of rights?
[Reference: PLT Rule 13(2)]
A5-2 (a) within 2 months from the removal of the cause preventing to act, but not later than 12 months from expiry of the unobserved time limit;
(b) within 18 months from expiry of the respective unobserved time limit in case of annual fees
Q5-3 Does your Office require a fee to be paid? If yes, please indicate the amount.
[Reference: PLT Article 12(3)]
A5-3 Yes Amount: 100$
Q5-4 Which actions are excluded from the reinstatement of rights?
[Reference: PLT Article 12(2) and Rule 13(3)]
A5-4 (a) submission of the translation of the application documents which were filed in a language other than the national language;
(b) submission of the request for examination;
(c) filing of an opposition with the Appeal Board of our Office;
(d) filing of a request for reinstatement of unobserved time limit or rights.
Q6: Restoration of Priority Rights Where the Filing of the Subsequent Application was Delayed
Q6-1 Under which circumstance does your Office restore the right of priority where the subsequent application was not filed within the priority period?
[Reference: PLT Article 13(2)]
A6-1 - Failure to file the subsequent application within the priority period occurred in spite of due care required by the circumstances having been taken
- Failure to file the subsequent application within the priority period was unintentional
Q6-2 In order to restore the right of priority, what is the time limit within which the subsequent application shall be filed?
[Reference: PLT Rule 14(4)]
A6-2 within 2 months from the time limit that is provided for the priority
Q6-3 Does your Office require a fee to be paid? If yes, please indicate the amount.
[Reference: PLT Article 13(4)]
A6-3 100$
Q7: Restoration of Priority Rights Where the Filing of a Copy of the Earlier Application was Delayed
Q7-1 In order to restore the right of priority where a copy of the earlier application was not filed within the time limit, does your Office require a declaration or other evidence in support of the request for restoration of priority rights?
[Reference: PLT Article 13(3) and Rule 14(6)(b)]
A7-1 Yes
Q7-2 Where the filing date of a copy of the earlier application was delayed (for example, a copy of the earlier application has not been filed within 16 months from the priority date), in order to enjoy restoration of priority right, what is the time limit within which such delayed copy of the earlier application shall be filed?
[Reference: PLT Rule 14(6)(b)]
A7-2 within 16 months from the earlier application filing date
Q7-3 Does your Office require a fee to be paid? If yes, please indicate the amount.
[Reference: PLT Article 13(4)]
A7-3 100$
Q8: Request for Recordation of Change in Name or Address
Q8-1 Where a single request for recordation of change in name or address relating to more than one application or patent of the same person is filed, does your Office require that a separate copy of the single request be filed for each application and/or patent?
[Reference: PLT Rule 15(3)(b)]
A8-1 No
Q9: Request for Recordation of Change in Applicant or Owner
Q9-1 Does your Office require the following elements to be contained in the request for recordation of change in applicant or owner?
(a) A statement that the information contained in the request is true and correct
(b) Information relating to any government interest
[Reference: PLT Rule 16(1)(b)]
A9-1 A statement that the information contained in the request is true and correct
Q9-2 Which documentation relating to the basis of the change is required by your Office under the following circumstances?
[Reference: PLT Rule 16(2)(a) to (c)]
A9-2 The change results from a contract: in this case our Office shall require a patent assignment contract
The change results from a merger or from the reorganization or division of a legal entity: in this case our Office shall require a copy of the legal act confirmed by a competent authority that approves the fact of merger, for example, copy of official extract from Trading register
The change results from any other ground (ex. by operation of law or a court decision): in this case our Office shall require a certified copy confirming the fact of modification
Q9-3 Where the change in applicant or owner is in the person of one or more but not all of several co-applicants or co-owners, does your Office require that evidence of the consent of the other co-applicants or co-owner to the change be provided to the Office?
[Reference: Rule 16(2)(d)]
A9-3 Yes
Q9-4 Where a single request for recordation of change in applicant or owner relating to more than one application or patent of the same person is filed, does your Office require that a separate copy of the single request be filed for each application and/or patent?
[Reference: PLT Rule 16(5)]
A9-4 No
Q10: Request for Recordation of a License or a Security Interest
Q10-1 May a license or a security interest in respect of a patent application or a patent be recorded under the law of your country?
[Reference: PLT Rule 17(1)]
A10-1 Recordation of a license Yes
Recordation of a security interest Yes
If one or both of the answers is(are) “Yes”, please ploceed to Q10-2. If both answers are “No”, please skip to Q11.
Q10-2 Does your Office require the following elements to be contained in the request for recordation of a licence (or a security interest)?
(a) A statement that the information contained in the request is true and correct
(b) Information relating to any government interest by your country
(c) Information relating to the registration of the license (security interest)
(d) The date of the license (security interest) and its duration
[Reference: PLT Rule 17(1)(b)]
A10-2 - A statement that the information contained in the request is true and correct
- Information relating to the registration of the license (security interest)
- The date of the license (security interest) and its duration
Q10-3 Which documentation relating to the basis of the license (or security interest) is required by your Office under the following circumstances?
[Reference: PLT Rule 17(2)]
A10-3 The license (security interest) is a freely concluded agreement: (a) original license contract with signatures of the contracting parties; (b) exemplification of the license contract; (c) exemplification extract from the license contract .
The license (security interest) is not a freely concluded agreement (ex. operation of law or a court decision): decision of the judicial anthority to grant a license
Q10-4 Where the license (or security interest) is a freely concluded agreement, does your Office require that any applicant, owner, exclusive licensee, co-applicant, co-owner or co-exclusive licensee who is not party to that agreement give his/her consent to the recordation of the agreement?
[Reference: Rule 17(2)(d)]
A10-4 Yes
Q10-5 Where a single request for recordation of a license (or security interest) relating to more than one application or patent of the same person is filed, does your Office require that a separate copy of the single request be filed for each application and/or patent?
[Reference: PLT Rule 17(5)]
A10-5 No
Q11: Request for Correction of a Mistake
Q11-1 Does your Office prescribe the following requirements with respect to a request for correction of a mistake?
(a) The request shall be accompanied by a replacement part or a part incorporating the correction
(b) The request shall be subject to a declaration by the requesting party stating that the mistake was made in good faith
(c) The request shall be subject to a declaration by the requesting party stating that such request was made without undue delay following the discovery of the mistake
(d) The request shall be subject to a declaration by the requesting party stating that such request was made without intentional delay following the discovery of the mistake
[Reference: PLT Rule 18(1)(b) to (d)]
A11-1 The request shall be subject to a declaration by the requesting party stating that such request was made without intentional delay following the discovery of the mistake.
Q11-2 Where a single request for the correction of a mistake relating to more than one application or patent of the same person is filed, does your Office require that a separate copy of the single request be filed for each application and/or patent?
[Reference: PLT Rule 18(3)]
A11-2 No
[End of questionnaire]
July 2007