1 Dr. ing. Alexandru Cristian Strenc Deputy Director General State Office for Inventions and Trademarks OSIM Romania CERN-ROMANIA MEETING November 2012 Romanian Patent System

2 Overview November, Magurele Author: dr.ing Alexandru Cristian Strenc - The Romanian patent legislation -International harmonisation of the RO patent law -European compatibility of the RO patent law - Basics of patent protection in Romania-with a view to physics - Why Romanian researchers should have a”first filing” in Romania when patenting abroad - Conclusions

3 1. The Romanian patent legislation -the first Romanian patent law in 1906>a rich and proud history of the patent protection; -Patent Law no 64/1991 as republished in 2007; -Implementing Regulations-Governmental Decision no. 547/2008; -Government Ordinance no. 41/1998 as republished in 2006, on the fees in the field of IP and their regime of utilisation; -Internal Instructions on the Search Reports, electronic filing, a.o.; -Internal Instructions ond SPC’s and extension of the SPC’s; November, Magurele Author: dr.ing Alexandru Cristian Strenc

4 1. The Romanian patent legislation -patent legislation updated by the EU accession  fully harmonised with EU Directives and Regulations; -patent granting based since many years on substantive examination  robust and enforceable patents; -OSIM is not a registering authority but a granting (atributive) authority; November, Magurele Author: dr.ing Alexandru Cristian Strenc

5 -member since 1920 of the Paris Convention; - Patent Law implemented: -the PCT provisions on international protection; -the PLT provisions, regarding the form and content of the patent application -taks part activelly in the process of substantive harmonisation and a possible conclusion of a SPLT; - started discussion with USPTO on the conclusion of a PPH Agreement; November, Magurele Autor: dr.ing Alexandru Cristian Strenc 2. International harmonisation of the RO patent law

6 -member of the European Patent Convention since 2003  patent law if fully compatibilised with EPC -European patents  treated as national ones; similar patentable objects, same restriction and exceptions to patentability; -similar conditions of patentability: technical character, novelty, inventive step and applicability; -similar procedural steps in processing a patent application with EPO and patent revocation; November, Magurele Autor: dr.ing Alexandru Cristian Strenc 3.European compatibility of the RO patent law

7 -as EU member: - Romania fully implemented into the Patent Law the Biotech Directive; -grants SPC’s for pharmaceuticals and phitosanitarians -took part activelly in the ongoing negociations on the EU patent and its jurisdition; November, Magurele Autor: dr.ing Alexandru Cristian Strenc 3.European compatibility of the RO patent law

8 -patentable inventions  technical solutions, expressed in the terms of products or processes, which are new, involve an inventive step and are industrially aplicable; -descoveries, ideeas, mathematical or physical theories, presentations of informations, bisiness methods, computer programs, “as such”, are not patentable  nontechnical -technical solutions which puts them into evidence, use or implements them into practice are technical  patentable November, Magurele Autor: dr.ing Alexandru Cristian Strenc 4 Basics of patent protection in Romania-with a view to physics

9 -computer implemented inventions  patentable; -excluded from patentability  inventions against “ordre public” or good behaviour; -patent granted if invention fulfills conditions of: -novelty -inventive step  nonobviousness; -industrially aplicability; “perpetuum-mobile” type inventions are not industrially aplicable; November, Magurele Autor: dr.ing Alexandru Cristian Strenc 4 Basics of patent protection in Romania-with a view to physics

10 -patent granted after the formal examination decides that the application is legaly filed and the substantive examinations decides the fullfilment of the patentability conditions; -OSIM decisions may be contested to the Reexamination Board and finally OSIM decisions may be appealed to the Municipal Court November, Magurele Autor: dr.ing Alexandru Cristian Strenc 4 Basics of patent protection in Romania-with a view to physics

11 -patent gives to the proprietor exclusive right to exploit invention and to authorise its exploitation by a third party; November, Magurele Autor: dr.ing Alexandru Cristian Strenc 4 Basics of patent protection in Romania-with a view to physics

12 -legal reasons -as the most direct result of a technological innovation, an invention obtained as result of a research funded by state budget, should primarely be used to retechnologise the national industry which contributed to that funding; -nationals are restricted by law to apply first in Romania; - the patented invention might be “secret” and patenting abroad could seriously infringe the law; November, Magurele Autor: dr.ing Alexandru Cristian Strenc 5. Why Romanian researchers should have a”first filing” in Romania when patenting abroad

13 -practical reasons: -making a “national” first filing, the romanian researcher has a “first reaction” from OSIM which enriches him and its application, and based on that, he can decide to patent abroad; -increases significantly the chance to obtain a foreign patent; -within the priority right of 12 monts, the RO researcher is protected and can find potential users, financial suporters, etc; November, Magurele Autor: dr.ing Alexandru Cristian Strenc 5. Why Romanian researchers should have a”first filing” in Romania when patenting abroad

14 5. Conclusions -patent system in Romania allows a “strong” protection for both romanian inventors, eventually making a second filing abroad, as well as foreign investors starting business in Romania; -nuclear physics involves high-tech solutions, particulary adequate to be patented; -patent of inventins should be considered not a “diploma” but (one of ) the strongest tool of the market economy; November, Magurele Author: dr.ing Alexandru Cristian Strenc

15 Thank you for your attention ! November 2012, Magurele