Question: What rights do I obtain after registering an invention?
Answer: By registering an invention and obtaining the invention patent, the holder acquires an exclusive right of restraining any other person from producing, using, offering for sale or importing a product or a procedure based on the patented invention, without his previous agreement.
The patent can be given for any invention which has as object a product or a procedure, in any technology field, as long as this invention is new, if it is the result of an inventive activity and if it is susceptible of industrial application.
Question: I hold an invention and I want to register it in Bucharest. What conditions are implied?
Answer: Please read below the required conditions for registering your invention in Romania:
• The invention must be new - this condition assumes that the invention submitted for registration is not contained in the stage of the technique; the stage of the technique includes all details which has become accessible to the public until the submission date of the petition for patent or of the priority invoked and acknowledged.
• The invention implies an inventive activity - this condition assumes the fact that the invention does not rely on a pre-existing technique.
• The invention is susceptible of industrial application - this condition assumes that the object of the invention may be used in at least one field of activity.
In order to register a patent in Romania, the following aspects related to levels of registration must be taken into account:
• national level - your company will acquire protection over the right, only on the territory of the country where the registration is made;
• regional level - the right over the invention is protected in all the countries signatory to the conventions based on which there have been submitted the petitions for registration: the European patent (based on the Convention of the European patent); the Euroasian patent (based on the Euroasian Convention regarding patents); the AOIP Patent (based on the Agreement regarding the creation of the African organization of intellectual property); the RAOIP patent (based on the Agreement regarding the creation of the regional African organization of industrial property);
• international level - the right over the invention is protected in the countries mentioned in the petition for registration according to the Cooperation Treaty within the field of Patents.
In order to obtain an invention patent in Romania and to fully benefit from the rights conferred by this registration, it is necessary to fulfill next conditions:
• The verification of known stage of technique in the field in which it has been carried out the invention in order to reduce the risk of rejection of the registered petition because of the lack of newness or of inventive activity;
• The registration of the invention and the obtaining of the patent of invention;
• The protection of the industrial property right over the invention by: initiating actions for oppositions to the registration by third parties of similar inventions; initiating actions in unfair competition cases, criminal complaints for the committing of copyright imitation infringement;
• The maintenance of validity of the invention patent.
Regardless of whether patents are registered on a national, community or international level, they will be protected from the date the registration petition is submitted, except for the case in which a priority is invoked (priority determined by a previous stock in another country or the priority for exhibition).
If inventions are your job, laws and justice are ours. Let us help you make the best of your new product, by registering your patent in Romania. Call us now for a free consultation.