Obtaining protection by a plant variety patent

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  Step 1. Filing of the plant variety patent application

  Plant variety patent application filing methods:

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

  -   by registered mail;

  -   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);

  - online through the e-AGEPI service (https://e-servicii.agepi.gov.md/) or using the UPOV PRISMA electronic filing form (https://www.upov.int/upovprisma/en/index.html).

   

  Note: 1. Plant variety patent application filing form

  (https://www.agepi.gov.md/sites/default/files/formulare/F-01-SP-001-E-03-0221_.doc)

  Guide to completing the application form

   (https://www.agepi.gov.md/sites/default/files/formulare/ghid/gh-2004.pdf)

  2. Technical questionnaire - https://www.agepi.gov.md/ro/content/soiuri-de-plante (the questionnaire for the relevant culture shall be selected)

  3. 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)

  4. 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)

  5. 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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  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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  Step 3. Processing and Formal Examination

  Following the receipt of the plant variety patent application by AGEPI, the formal examination shall be carried out, during which the documents filed shall be checked and the compliance with the conditions for assigning the filing date shall be examined. If, following the formal examination, it is found that the application meets the requirements of Law No. 39/2008 and Regulations No. 295/2009 on the Procedure of Filing and Examination of an Application and of Issuance of a Plant Variety Patent (hereinafter – Regulations No. 295/2009), the application shall be entered in the National Register of Plant Variety Patent Applications and shall be included in the preliminary examination.

  If the application does not meet the filing requirements, the applicant shall be notified of the deficiencies found, 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.

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  Step 4. Preliminary examination and publication of the application

  The preliminary examination shall check whether the patent application meets the requirements of Law No. 39/2008 and Regulations No. 295/2009. If the prescribed requirements 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. 44 of Law No. 39/2008.

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  Step 5. Substantive examination

  During the substantive examination of the patent application, compliance with the patentability requirements provided for in Art. 10 and 36 of Law No. 39/2008 shall be examined.

  If, in the course of substantive examination, irregularities are identified, the applicant shall be notified to remedy them, and a period of 2 months shall be granted from the date of dispatch of the notification. If the variety denomination does not meet the legal requirements, the applicant shall be invited to file a new denomination. 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 6-month period shall be granted for re-establishment of the omitted term with the presentation of the answer and the fee for re-establishment of the omitted term.

  If the patent application does not comply with the requirements provided by the national legislation, it shall be rejected.

  If the patent application complies with the requirements provided by the national legislation, AGEPI shall notify the applicant of such fact and shall send a copy of the documents related to the application of the State Commission for Plant Variety Testing (hereinafter - the State Commission) in order to carry out the technical examination of the plant variety.

  The State Commission shall undertake a technical examination of the variety and shall compile a technical examination report and send it to the AGEPI.

  Depending on the plant variety technical examination results, AGEPI shall adopt one of the following decisions:

  - on withdrawal of the patent application; or

  - on refusal of the patent application; or

  - on grant of the plant variety patent.

  The mention of the relevant decision shall be published in BOPI.

  Note: Any decision on the plant variety patent application may be appealed to the Appeal Board of AGEPI within 2 months from the date of dispatch of the decision.

  Appeal examination request form (https://www.aghttps://www.agepi.gov.md/sites/default/files/formulare/F-07-CC-015-E-02-0413.doc)

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

  In the case of the issuance of the decision to grant a variety 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.

  If the owner surrenders the patent, the breeder shall have the 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 Plant Variety Patents and of the fee for printing and issuance of a new specification of the patent.