Re-establishment of the omitted term/extension of the procedure time limit

Where the applicant was unable to observe a prescribed time limit for proceedings before AGEPI, he may request extension or, where appropriate, re-establishment of the omitted term.

      Time limits provided for in this Law or in the Regulations for an action in a proceeding before the AGEPI related to an application or a patent may be extended by a request filed with the AGEPI before the expiry of the prescribed time limit. Any time limit may not be extended for more than 6 months from the date of expiry of the prescribed time limit. A request for extension shall be subject to payment of a prescribed fee; in the opposite case the application for extension shall be deemed not filed.

      The request for extension of a time limit or for re-establishment of the omitted time limit shall be drafted on a standard form approved by AGEPI, which can be found at - https://www.agepi.gov.md/ro/formulare/inventions, F-02-CC-003-E-02-0536.

       Proof of payment of the corresponding fee in the amount prescribed pursuant to Government Decision No. 774 of August 13, 1997 and all the necessary documents shall be annexed to the request for re-establishment of the time limit. Otherwise, the request for re-establishment of the omitted time limit shall be deemed not to have been filed, such fact being notified to the applicant.

      The provisions of this article shall not be applicable to the time limits referred to in paragraph (1) of this article as well as in Article 15 paragraph (6), Article 32 paragraph (3), Article 33 paragraphs (9) and (10), Articles 39–42, Article 43 paragraphs (1) and (2), Article 442 paragraphs (6), (7) and (10), Article 51 paragraph (2), Article 57 paragraph (1), Article 58 paragraph (3), Article 61, Article 70 paragraph (1), Article 91 paragraph (2), Article 92 paragraph (2).

       Where the applicant was unable to observe a prescribed time limit for proceedings before AGEPI, he may request re-establishment of the omitted term and continuation of the proceedings in relation to the patent application. The request must be filed in writing within 6 months following the expiry of the prescribed time limit. The omitted act must be completed within this period. The request shall not be deemed to have been filed until the fee for re-establishment of the omitted term has been paid; otherwise it shall be rejected.

https://www.agepi.gov.md/ro/formulare/inventions, F-02-CC-002-E-01-0535

If the request is granted, the legal consequences of the failure to observe the time limit shall be deemed not to have ensued.