Conversion of the form of protection
A patent application may be converted, at the request of the applicant, into an application for a short-term patent prior to the date on which the mention of the decision to grant a patent is published or, at the latest, within 2 months following the date on which a decision to refuse the patent application has been sent, on conditions provided by the Regulations. An application for a shot-term patent may be converted, at the request of the applicant, into a patent application before the decision to grant a short-term patent has been taken. For patent applications resulting from the conversion performed under the procedure described above, the filing date and, where appropriate, the priority date of the initial application shall be applied.
The request for conversion may be accessed at the address: https://www.agepi.gov.md/ro/formulare/inventions
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- 1Step 1. Filing of the request for conversion
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-005-E-02-0213)
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).
- 3Pasul 3. Formal examination
AGEPI shall check the accuracy of completion of the filed request and the submission together with the request of the proof of payment of the corresponding fee in the amount prescribed pursuant to Government Decision No. 774 of August 13, 1997. Failure to submit the proof of payment of the fee together with the request for conversion or within one month following the filing thereof shall lead to the application being deemed not to have been filed and such fact shall be notified to the applicant. Where the request fails to meet the established requirements, the applicant shall be notified accordingly and shall, within two months from the date of dispatch of the notification, be invited to remedy the deficiencies noted. If the request for conversion has been filed after the expiry of the period of two months from the date of delivery of the decision to refuse a patent application, the applicant shall be notified that the conversion is not possible.
If the request has been filed within the prescribed time limit and it fulfills all the prescribed requirements, and the proof of payment of the corresponding fee in the amount prescribed pursuant to Government Decision No. 774 of August 13, 1997 has been filed together with it, the applicant shall be notified of the conversion of application. If the request for conversion refers to an application the examination of which has been suspended and a request for re-establishment of the time limit is submitted together with the filing thereof, in compliance with the requirements of Article 91 of the Law, it shall be treated as a converted application. In the event of the conversion of a patent application into a short-term patent application, the difference in fees for the application examination procedures shall not be refunded, unless, on the date of filing of the request for conversion, the substantive examination procedure has not started.
Subsequent examination shall depend on the form of protection in which the original application was converted, and shall be subject to the same examination rules provided for by the patent or short-term patent protection obtaining services.
publicService.disclaimerAgenția de Stat pentru Proprietatea Intelectuală
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