Conversion of the granted European Patent into one of the forms of protection by a national patent

For the purpose of protecting the subject-matter of the invention invoked in a European patent application and to obtain exclusive rights on the territory of the Republic of Moldova, the applicant may request a conversion of the European application into a national one. A European patent application for which the validation fee has been paid may be converted into a national patent application by submitting to the AGEPI a request for conversion, which will contain the request for the grant of a patent, a copy of the European patent application, a translation into the state language of the European patent application, certified accordingly, and the proof of payment of the prescribed fee, within 3 months following the date on which the European patent application has been refused, withdrawn or deemed withdrawn. If the translation of the European patent application is not filed with the AGEPI or the prescribed fee is not paid at the date of filing of the 27 request for conversion or within 3 months of that date, the request for conversion shall be deemed withdrawn.

The request for conversion shall be accompanied by the power of attorney representing the applicant and, where appropriate, the search report prepared by the EPO or an International Searching Authority. In all actions before AGEPI, the owners shall be represented by an authorized attorney empowered by a power of attorney. AGEPI shall publish any request for validation and enter it in the National Register of Patent Applications after it has been informed by the EPO that the prescribed validation fee has been paid, but not before the expiry of a time limit of 18 months from the filing date or, if priority has been claimed, the earliest priority date. AGEPI shall publish in BOPI a European patent application converted into a national patent application before the expiry of a time limit of 6 months from the filing date of the request for conversion, but not before the expiry of a time limit of 18 months from the filing date or, if priority has been claimed, the earliest priority date.

A patent for invention shall confer on its owner an exclusive right to exploit the invention for the entire term thereof. The patent shall confer on its owner the right to prevent third parties from performing, without his authorization, on the territory of the Republic of Moldova, acts such as, manufacture, offering for sale, selling, use, transporting, importing, other way of putting into circulation or storing for these purposes the product which forms the subject-matter of the patent, etc.