The title of protection of inventions in the Republic of Moldova is the patent for invention.
According to Law no. 50-XVI of 7 March 2008 on the Protection of Inventions, inventions shall be protected by the following titles of protection:
- patent for invention
- short-term patent for invention
The right to a patent shall belong to the inventor (inventors) or his successor in title.
The right to a patent for an invention made by an employee shall belong to the entity, unless otherwise provided by the contract concluded between them.
The patent for invention is a title of protection that confers upon the holder the exclusive right to exploit the invention for a period of 20 years.
The short-term patent for invention is a title of protection that confers upon the holder the exclusive right to exploit the invention for a period of six years with the possibility of extending its validity for a period not exceeding four years.
There is no discrimination in terms of patent grant depending on the place of creation of the invention, technological field, on the fact that products are imported or are of indigenous origin.
An invention in any field of technology can be patented provided that it meets the following basic requirements for patentability:
- the invention must be “susceptible of industrial application”;
- the invention must be УnewФ;
- the invention must involve an Уinventive stepФ.
Novelty. An invention shall be considered to be new if it does form part of the prior art, including knowledge that became available to the public anywhere in the world before the priority date of the invention in question.
Inventive step. An invention shall be considered as involving an inventive step if, having regard to the prior art, it is not obvious to a person skilled in the art.
In the case of short-term patents for invention an invention shall be considered as involving an inventive step if itpresents a technical or practical advantage.
Industrial application. An invention shall be considered as susceptible of industrial application if it can be used in industry, agriculture or any other field of human activity.
The following shall be deemed patentable types of objects:
- A product - cars, appliances, tools, devices, mechanisms, machine parts and units, installations, circuits, building elements, furniture, household items, toys, tools, computers, computer programs, electronic databases, etc., chemical and biological substances, except those which exist in nature and which has not acted on by creative effort; physical or physico-chemical mixtures.
- A process - activities having as a result manufacture or modification of a product (including biological or genetic products) or computer programs as a way of transformation and transmission of an electronic signal.
- A method - activities that have results of qualitative nature (measurement, analysis, regulation, control, diagnosis or human or veterinary medical treatment).
- Microorganisms - microorganisms created or isolated by selection with mutant effects, strains of plant and animal cell culture.
- The use of a product or process - use of a product, process or method according to another destination and under other conditions. The use for the first time of a substance or composition and their subsequent uses.
The patent application shall only relate to one invention or to a group of inventions so linked as to form a single general inventive concept. It shall contain:
- a completed request for the grant of a patent
- a description of the invention
- one or more claims
- any drawings and other explicative documents, where they are necessary to understand the essence of the invention.
These documents shall constitute the regular national application and shall be prepared and submitted to the Agency in the state language, compiled in accordance with the requirements of the Regulations on the Procedure of Filing and Examination of a Patent Application and of Issuance of a Patent, approved by Government Decision Moldova no. 528 of 1 September 2009.
The data contained in the patent application shall be confidential until the publication by the Agency in BOPI. Disclosure of data contained in the application until its publication shall be punishable in accordance with the legislation in force.
After filing, the patent application passes the following procedures:
- examination of application
- publication of the decision to grant a patent
- public opposition
- issuance of patent
In the examination of patent application, AGEPI shall carry out within one month the formal examination, after which the application is subjected to preliminary examination within two months. The request for further procedure is carried out by filing the request for substantive examination in one copy on a standard form approved by AGEPI, by the applicant along with the patent application or within 30 months from the filing date of the application, on payment of the prescribed fee.
Regarding the short-term patent application AGEPI shall only carry out the formal and preliminary examination of the application within 6 months from the filing date of the application, without requesting the examination procedure, on payment of a single filing fee.
The application will be examined and as a result will be adopted the decision to grant a patent or to reject the application. The patent for invention shall be issued after the expiry of six months from the date of publication of the decision to grant a patent, if no oppositions were filed or oppositions filed have been rejected.