Obtaining protection by a short-term patent for invention

publicService.steps.title

• 1
  Step 1. Filing of the patent application

  Patent application filing methods:

  -    with the Agency counter at the address: 24/1, Andrei Doga Str., MD-2024, Chisinau, Republic of Moldova;

  -   online, by accessing the link (https://e-servicii.agepi.gov.md/);

  -   by e-mail, cerere@agepi.gov.md, (the application shall be deemed filed on the date of receipt of the e-mail, if AGEPI receives the original application within one month from the date of receipt of the e-mail, except for the electronic document signed with digital signature).

  Note:

  1. Patent application filing form

  (https://www.agepi.gov.md/sites/default/files/formulare/F-01-BI-001-E-03-0209.doc)

  2. Guide to completing the application form (https://agepi.gov.md/sites/default/files/formulare/ghid/gh-093.pdf)

  3. Application form for the opening of the national phase under the procedure of the Patent Cooperation Treaty (PCT)

  (https://www.agepi.gov.md/sites/default/files/formulare/F-01-BI-003-E-03-0211.doc)

  4. Where appropriate, the form for filing the request for the grant of discounts for small and medium-sized enterprises

  (https://www.agepi.gov.md/sites/default/files/formulare/F-06-CC-017-E-01-0839.doc)

  5. Where appropriate, the form for filing the request for discounts for natural persons

  (https://www.agepi.gov.md/sites/default/files/formulare/F-06-CC-016-E-01-0837.doc)

  6. Where appropriate, the form for filing the declaration on own responsibility for newly registered small and medium-sized enterprises

  (https://www.agepi.gov.md/sites/default/files/formulare/F-06-CC-140-E-01-0840.doc)

  

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• 2
  Step 2. Payment of the service

  - directly at the counter; 

  - by bank transfer;

  - through the government electronic payment service MPay (https://mpay.gov.md).

  

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• 3
  Step 3. Processing and Formal Examination

  Following the receipt of the patent application by AGEPI, the filed documents shall be checked and the compliance with the conditions for assigning the filing date shall be examined, namely the formal examination. If, following the formal examination, it is found that the application meets the requirements of Law No. 50/2008 and Regulations No. 528/2009 on the Procedure of Filing and Examination of a Patent Application and of Issuance of a Patent (hereinafter - Regulations No. 528/2009), the application shall be entered in the National Register of Patent Applications and shall be included in the preliminary examination.

  If the application does not meet the filing requirements, the applicant shall be notified, as a result of which, if the deficiencies are remedied, the application shall be included in the preliminary examination, and if the deficiencies are not remedied, a decision shall be issued whereby the application is deemed not to have been filed.

  
  

• 4
  Step 4. Preliminary examination and publication of the application

  The preliminary examination shall check whether the patent application meets the requirements laid down in the Law No. 50/2008 and Regulations No. 528/2009. If the requirements related to the preliminary examination are met, the application shall be included in the substantive examination, and if the requirements are not met, the applicant shall be notified to remedy the deficiencies. If the deficiencies are remedied, the application shall be included in the substantive examination.

  The publication of the application shall be carried out under the requirements of Art. 49 of Law 50/2008, at this stage the abstracts in RO, RU and EN shall be published in BOPI.

  
  

• 5
  Step 5. Substantive examination

  The substantive examination of the patent application shall be carried out for the compliance with the patentability requirements provided for in Art. 8, 10 și 11 din Legea nr. 50/2008, and the fulfillment of all the the substantive examination requirements provided for by Law No. 50/2008 and Regulations No. 528/2009.

  If, in the course of substantive examination, irregularities are identified, the applicant shall be notified to remedy them, and a period of 3 months shall be granted from the date of dispatch of the notification. If the irregularities are remedied, the substantive examination shall continue, and if no answer is presented, the examination procedure shall be suspended, such fact shall be notified to the applicant, and a new 6-month period shall be granted for re-establishment of the omitted time limit with the presentation of the answer and the fee for re-establishment of the omitted time limit.

  If the invention does not meet the requirements provided by the national legislation, a notice of refusal of the patent application shall be drawn up, indicating and arguing all the grounds for refusal, which shall be sent to the applicant, and a period of 3 months from the date of dispatch of the notice shall be given for the presentation of a response with well-founded arguments against the objections set forth in the opinion.

  If the invention meets the requirements provided by the national legislation, an opinion shall be drawn up for the coordination of the final text of the documents, which shall be delivered to the applicant, and a period of 3 months from the date of delivery of the opinion shall be given for the return of the patent application documents, with the consent of the applicant, or for the presentation of the necessary additional materials with any comments and/or proposed amendments.

  Depending on the substantive examination results of the patent application, AGEPI shall adopt one of the following decisions:

  1.      on withdrawal of the patent application; or

  2.      on refusal of the patent application; or

  3.      on grant of the patent for invention.

  Note: Any decision on the patent application may be appealed to the Appeal Board of AGEPI by any person who is affected by the decision within 2 months from the date of dispatch of the decision.

  Appeal examination request form (https://www.agepi.gov.md/sites/default/files/formulare/F-07-CC-015-E-03-0413.doc)

• 6
  Step 6. Issuance of patent, including printing of the patent specification

  In the case of the issuance of the decision to grant a patent, and if no opposition and/or appeal has been filed against the decision to grant a patent, AGEPI shall issue and print a patent specification, provided that the patent issuance and maintenance fees are paid. At the same time, the issued patent shall be published.

  Note: For the publication of the patent application before the expiry of a period of 18 months from the filing date of the patent application, provided for in Art. 49 para. (1) of Law No. 50/2008, the applicant shall file an application in this sense before the expiry of a period of 15 months from the filing date or, where appropriate, as from the priority of the application. Said publication shall be carried out within 3 months from the filing date of the request for publication and payment of the prescribed fee. Patent applications rejected or withdrawn before the expiry of a period of 15 months from the filing date of the application shall not be published.

  Note: Where the patent is amended as a result of the limitation of the patent, AGEPI shall publish, after payment of the prescribed fee, a new patent specification containing, in amended form, the description, the claims and, where appropriate, the drawings.

  If the owner surrenders the patent, the inventor shall have a preferential right to file a request for acquisition of that patent in his name, subject to the payment of the fee for entry of the corresponding amendment in the National Register of Patents for Invention and of the fee for printing and issuance of a new specification of the patent.

  Note: AGEPI shall act as a receiving Office for the registration of international applications, for the purpose of patenting inventions in other countries, in accordance with the provisions of the PCT. Following the receipt of the international application, compliance with the requirements provided for by the Implementing Regulations under the PCT and Regulations No. 528/2009 shall be examined.

  If the international application does not meet all the stipulated requirements, AGEPI shall notify the applicant of the need to remedy the irregularities. If the irregularities are not remedied, the international application shall be deemed withdrawn, the registered copy of the application being transmitted to the International Bureau of WIPO together with the notice of withdrawal.

  If the international application meets the stipulated requirements, AGEPI shall accord the application an international filing number and shall transmit the international application to the International Bureau of WIPO and the International Searching Authority.

  Note: The applicant or his successor in title shall be entitled to claim priority of an earlier application in a subsequent application filed with the AGEPI in respect of the same invention, if the priority is claimed within 12 months following the filing date of the earlier application (internal priority). In such case, the earlier application shall be deemed withdrawn. Priority shall be claimed when filing the application or within 2 months from the filing date of the patent application, on payment within the said time limit of the prescribed fee for each priority claimed, and shall be justified by a priority document.