Limitation of protection of a subject-matter protected by a patent
In the event of patent nullity or an opposition on the grounds of non-fulfillment of the patentability requirements, the applicant may request the limitation of protection.
At the request of the patent owner, filed with the AGEPI and subject to the payment of the prescribed fee, the patent may form the subject-matter of a limitation, provided that the patent in the amended form satisfies the protection requirements. The limitation shall be effected by way of an amendment to the claims, the description or the drawings.
The request for limitation may not be filed during the period when eventual opposition is formulated or when opposition or revocation proceedings are pending.
If the AGEPI states that, taking into consideration the amendments made by the patent owner following the patent revocation proceedings, the grounds for revocation mentioned in Article 64 do not prejudice the maintenance of the patent, it shall decide to limit the patent. If the amendments are not admissible, it shall reject the request for limitation.
If a patent is amended accordingly, AGEPI shall publish, on payment of the prescribed fee, a new specification of the patent containing the description, the claims and, as the case may be, any drawings, in the amended form.
The request for limitation may be accessed at: https://www.agepi.gov.md/ro/formulare/inventions, it is selected the form F-01-BI-010-E-02-0218 and completed. The fee for filing and examination of the request for limitation of the patent is paid.
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- 1Step 1. Filing of the request for limitation
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/ro/formulare/inventions/ F-01-BI-010-E-02-0218)
publicService.channels.2.title - 2Step 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 - 3Step 3. Examination
The request for limitation of the patent shall be completed on a standard form.
If the request for limitation relates to a patent against which an opposition is formulated or a nullity procedure is initiated, the request for limitation shall not be deemed to have been filed. If a license contract is entered in the National Register of Patents for Invention, the request for limitation shall be accepted only if the patent owner has the consent of the licensee or at the expiration of a period of 2 months from the date on which the patent owner informed the licensee of the intention to limit the patent. If the request for limitation lacks some of the data provided for in the Regulations, AGEPI shall notify the owner of the detected irregularities. A period of 2 months shall be granted to remedy the irregularities. In the event that these irregularities are not remedied within the time limit granted and a request for an extension of the established time limit is not filed, AGEPI shall reject the request for limitation of the patent. If the request for limitation is accepted, the presented claims shall be examined in order to determine whether they represent a limitation in relation to the claims of the patent granted or amended in the opposition procedure and whether they satisfy the requirements of Art. 37 and Art. 87 of the Law. If the request for limitation does not satisfy these requirements, the owner shall be given the opportunity to remedy the irregularities within 3 months by amending the claims, as well as the description and drawings, if applicable. If the irregularities are not remedied within the established term, the request for limitation shall be rejected.
If the patent limitation is accepted, the patent decision on limitation shall be adopted and delivered to the owner. The limitation shall take effects from the date of publication in BOPI of the mention of the decision on limitation.
The data on the decision on patent limitation shall be entered in the National Register of Patents for Invention.
- 4Step 4. Reprinting of the patent specification
In order to obtain a new specification on an amended patent, the applicant shall pay, within 2 months from the date of receipt of the decision to limit the patent, the fee prescribed according to Government Decision No. 774 of August 13, 1997 for printing and issuance of a new patent specification.
The reprinted patent specification shall be issued within 2 months after payment of the prescribed fee, and the data on the issuance of the limited patent shall be published in BOPI and entered in the National Register of Patents for Invention.
If the fee indicated in this Regulations has not been paid within the fixed time limit, it can be paid within 2 months from the communication of the notification on the omission of the fixed time limit, subject to payment of a fee for printing and issuance of a new specification of the patent in the amount increased by 2 times.
Patent limitation data may additionally be published in electronic format.
publicService.disclaimerAgenția de Stat pentru Proprietatea Intelectuală
Agenția de Stat pentru Proprietatea Intelectuală
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