Filing of a divisional application, including formal examination and publication of the application

publicService.steps.title

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  Step 1. Filing of the divisional application

  Divisional 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 according to 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 application 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 declaration filing form 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)

  

  publicService.channels.2.title

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  Step 2. Payment of the service

  - directly at the counter; 

  - by bank transfer;

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

  

  publicService.channels.4.title

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  Step 3. Processing and Formal Examination

  Following the receipt of the application by AGEPI, the filed documents shall be checked and compliance with the conditions for the filing of the divisional application, which is in column VII of the patent application form and the form for filing the short-term patent application, shall be examined, as well as in column VI of the application form for opening the national phase according to the Patent Cooperation Treaty (PCT) procedure. 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 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.

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

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  Step 4. Preliminary examination and publication of the application

  The preliminary examination shall verify compliance with the requirements of 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.

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  Step 5. Substantive examination

  The substantive examination of the application shall be carried out concerning the compliance with the patentability requirements provided for in Art. 8, 10 and 11 of Law No. 50/2008, as well as the fulfillment of all the requirements for carrying out the substantive examination provided for by Law No. 50/2008 and Regulations No. 528/2009.

  Where, during the substantive examination process, 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 resuming the omitted term with the presentation of the answer and the fee for re-establishment of the omitted term.

  If the invention does not meet the conditions provided for 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 is delivered to the applicant, and a period of 3 months from the date of delivery 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 for by the national legislation, an opinion shall be drawn up for the coordination of the final text of the documents, which is 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, 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 a patent for invention.

  Note: Any decision on the patent application may be appealed to the Appeals 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)

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

  In the case of issuing 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 have been paid. At the same time, the issued patent shall be published.

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

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

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

  If the international application does not meet all the stipulated conditions, AGEPI shall notify the applicant of the need to remedy the irregularities. If the irregularities are not remedied, the international application shall be deemed to be 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 conditions, 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.  A form is to be created and approved, it does not exist at the moment