of September 1, 2009 No. 528
About approval of the Regulations on the procedure of giving and consideration of the patent application on the invention and patent grants
In pursuance of the Law No. 50-XVI of March 7, 2008 on protection of inventions (The official monitor of the Republic of Moldova, 2008, Art. No. 117-119, 455) DECIDES: the Government
1. Approve Regulations on the procedure of giving and consideration of the patent application on the invention and patent grants according to appendix No. 1.
2. Recognize invalid some orders of the Government according to appendix No. 2.
first Deputy Prime Minister, Minister of Economy and Trade
Appendix No. 1
to the Order of the Government of the Republic of Moldova of September 1, 2009 No. 528
1. The regulations on the procedure of giving and consideration of the patent application on the invention and patent grants (further - the Provision) establish conditions of application for the invention or on the short-term patent (further - the request), the procedure for filling of the application blank, regulations applied to the documents attached to the request, regulations of consideration of the request, conditions of provision of patents for the invention this for publication in the Statement of intellectual property of the Republic of Moldova (further - OBIS), the procedure of provision of the additional certificate on protection, the procedure of prolongation of effective period of the short-term patent, submission of the international patent application in the State agency on intellectual property of the Republic of Moldova (further - AGEPI) as the receiving department, the procedure of validation of the European patent in the Republic of Moldova, consideration of notes or objections of the third parties, and also regulations concerning adjacent actions according to above-mentioned procedures, such as transformation of the request, representation, modification, prolongation of terms, recovery of the rights.
2. The invention in any technological area having technical nature and representing the solution of the technical task which is carried out by technical means can be subject of the patent application. Technical nature of the invention is determined by availability of technical signs which can be characterized by physical, chemical, biological or other parameters which can be measured and estimated.
3. Can be subject of the invention:
a) product – devices, substances, strains of microorganisms, cellular cultures of plants or animals;
machines, devices, tools, mechanisms, details of machines, the equipment, aggregates, installations, electrotechnical and electronic schemes and devices, independent or structurally and/or functionally connected in systems, and also management systems and protection, the equipment equipped with the software, combinations like algorithm / programma-fizicheskaya structure, algorithm / programma-protsess, construction elements, furniture, household goods, toys, etc. belong to devices;
chemicals which can represent individual connections, structures, pharmaceutical and phytopharmaceutical products, and also biological materials, mixes, etc. belong to substances;
b) method - activities as a result of which receive or change product (engineering procedures, computer processes, biological or genetic methods, etc.);
c) method - activities from which high-quality changes result (measurement, the analysis, regulation, control, computer methods, combinations of processes the algorithm/program);
e) application of product, method or method - their application on certain appointment provided that it does not follow evidently from the known properties of the applied product, method or method.
4. Use of substance in the pharmaceutical purposes is considered medical use of this substance. In this case the first use of substance known earlier (natural or synthesized) in the pharmaceutical purposes is considered the first medical application of this substance.
5. The second or subsequent use of substance known earlier as medicine (natural or synthesized) in other therapeutic purposes and with other result is considered the second medical application of this substance.
6. Can be subject of the request for the biotechnical invention:
a) the product consisting of biological material or containing biological material; or
b) method of production, processing or use of biological material.
7. It is necessary to understand any material containing genetic information which is capable to samoreprodutsirovatsya or can be reproduced in biological system as biological material.
8. It is necessary to understand any method providing use of microbiological material, implementation in microbiological material or receipt of microbiological material as microbiological method.
9. The method of receipt of plants or animals is essentially biological if it completely consists of natural phenomena, such as crossing or selection.
10. The application is submitted by the physical persons or legal entities given the rights according to Art. 14 of the Law No. 50-XVI of March 7, 2008 on protection of inventions (The official monitor of the Republic of Moldova, 2008, Art. No. 117-119, 455) (further - the Law), personally or through the appointed representative:
a) directly in AGEPI in the working days according to the schedule of work of AGEPI (in this case person submitting the application submits the document proving his identity);
b) registered mail;
c) by fax;
d) e-mail (e-mail);
e) in electronic format on diskette, CD or DVD (further - the electronic medium);
f) by means of web service online of giving of e-AGEPI.
11. In case of the requests containing the sequences of nucleotides and/or amino acids the electronic medium containing request materials is applied to the request submitted on paper (the description, invention formula, drawings, tables, the list of the sequence of nucleotides and/or amino acids). The materials provided on the electronic medium shall be identical to the materials provided on paper.
Along with the electronic medium the applicant shall submit the written application that information provided on the electronic medium is identical to information on paper.
On the electronic medium information with indication of surname of the applicant, the name of the invention, date of record, operating system and the editor of the text by means of which the file was created shall contain.
12. In the cases provided in subitems c), d) and e) Item 10 of this provision, the date of receipt of the fax, e-mail or the electronic medium is considered receipt date of the request or any other message if AGEPI receives the original of the request or the message by mail or in case of direct giving in AGEPI within one month from the date of receipt of the fax or e-mail. If AGEPI receives the original of the request or the message after this term or if the document received by one of the means specified in subitems c), d) and e) Item 10 of this provision, it is not identical to the provided original, the date of receipt of this original is considered receipt date of the request or other message. Before submission of the original documents the applications submitted through one of the means specified in subitems c), d) and e) Item 10 of this provision, are considered as not given.
13. If at least one document of the request or its part received by the means specified in subitems c), d) and e) Item 10 of this provision, are not legible or are absent, the date of receipt of the original is considered receipt date of the document or its part.
14. AGEPI fixes the date of receipt on documents of the request and confirms receipt of documents, notifies the applicant on receipt of the request or materials to it, specifying the entering number and receipt date of the request, and also type and number of materials. One copy of the request with above-mentioned data returns to the applicant.
15. Representation of physical persons and legal entities with residence and, respectively, the location in the Republic of Moldova can be performed through the patent agent, person hired by them or the general representative specified in the application blank or in the written agreement signed between applicants.
16. The power of attorney confirming its powers and signed by the applicant is attached to the application submitted through the representative / the patent agent. The representative / the patent agent is considered authorized to represent the applicant/patentee before expiration of the power of attorney or until the applicant/patentee does not report AGEPI about the termination of its powers.
17. The power of attorney can be submitted along with the request or within 3 months from the date of application. If the power of attorney is not submitted at the scheduled time, actions taken by the representative / to the patent agent are considered outstanding, and the provided materials signed only by the representative / to the patent agent are considered as not given.
18. In case of national applicants the power of attorney can be submitted along with any document of the request submitted to AGEPI or within 2 months from the date of submission to AGEPI of this document.
19. The power of attorney can belong to one or several requests or patents or to all available or future requests or patents of person which issued the power of attorney. In this case for each request and the patent to which the power of attorney belongs it is necessary to provide its separate copy.
20. The power of attorney can limit in certain acts the right of action of the representative / the patent agent.
21. Any action asked through the representative / the patent agent concerning withdrawal of the request or refusal of the request or the patent can be performed only based on special mentioning in which the right to response or refusal accurately is specified.
22. The power of attorney on representation of physical person or legal entity with residence outside the Republic of Moldova can be issued to the patent agent registered in AGEPI is direct this person or his attorney having the relevant power of attorney issued by the applicant. In the latter case both powers of attorney are attached to the request.
23. The power of attorney shall meet the following requirements:
a) it shall be issued on procedures for one or several requests or patents;
b) contain date of issue;
c) establish limits of powers of the representative / the patent agent;
d) it shall be signed by person which issued it.
24. If the power of attorney is issued addressed to several representatives / patent agents, but one of them for record keeping with AGEPI is not appointed, notifications go to the representative / to the patent agent who submitted the application or other procedural document and if it cannot be provided, notifications go to any of them. In case of appointment of the new representative / the patent agent of AGEPI also the clerical work corresponds with it from the moment of submission of the petition for address modification for correspondence.
25. If within the procedure assignment of rights for benefit of several persons is performed and they do not appoint the general representative, AGEPI suggests the corresponding persons to appoint the general attorney within 2 months.
26. The statement, the description of the invention, invention formula, and also any message shall be provided to AGEPI signed by the applicant or the appointed representative.
27. The signatures which are put down on documents are deciphered by specifying of surname and name of person which signed documents. If documents are signed by the official, the position signed, and also the complete official name of the company is specified.
28. If it is several applicants, the request is signed by each of them. Any message concerning the request can be signed by the general representative and if he is not specified, the applicant specified in the request to the first.
29. The documents or messages submitted to AGEPI electronic means or in electronic format are considered signed if on the document or the received message the signature is received in the graphical way or if the digital signature is used.
30. The data containing in the patent application are confidential from receipt date of the request in AGEPI and before their publication, their disclosure without the consent of the inventor or his legal successor is forbidden, irrespective of method of acquaintance with them and from in what quality persons who got acquainted with them act.
31. For disclosure of the invention before the publication of the request of person, guilty of it, bear responsibility according to the current legislation.
32. The application for patent grant is submitted in 3 copies on the standard AGEPI form provided in Section 6 of this Chapter.
33. The description, invention formula, the paper, drawings and other graphical materials move in 3 copies from which at least 2 copies of drawings or other required graphical materials move in the original. The description, formula of the invention and the paper shall be provided in typewritten or machine-readable form. The description, the invention formula, the paper and other materials provided not in state language move in 2 copies.
34. AGEPI can request submission of some proofs concerning any document, having specified the reason based on which there were reasonable doubts in reliability of any instructions appearing in this document.
35. The product made according to the invention, prototypes or projects of accomplishment of the invention, and also other similar elements cannot be given to AGEPI as part of set of documents of the patent application.
36. As the description of the invention, according to Item c) parts (1) article 34 of the Law, the text which at first sight seems the description of the invention, or the technical drawing attached to this description, opening invention essence in total of the essential signs and, if necessary, their constructive and functional communications can be submitted.
37. Along with representation of the elements specified in part (1) article 34 of the Law, the foreign applicant shall specify, according to part (2) article 86 of the Law, the patent agent from the Republic of Moldova through whom AGEPI interacts with the applicant.
38. If the request does not conform to one or several requirements of part (1) Article 34 and part (2) article 32 of the Law, AGEPI specifies this fact to the applicant, giving it opportunity to fulfill relevant requirements within 3 months from the date of the direction of the notification. If at the scheduled time the applicant does not provide necessary information or does not fulfill the requirement of part (1) Article 34 and part (2) article 32 of the Law, the request is considered not given and the applicant is notified on this fact.
39. If in the course of establishment of date of giving it is revealed that in the request part of the description or the drawing to which the description refers no, AGEPI notifies on it the applicant, providing to it for the answer 3 months from the date of the direction of the notification.
40. If the absent part of the description or the drawing relating to the request in which the priority of the prior request is asked are submitted in time, specified in Item 39 of this provision, date of giving according to the petition of the applicant is established for date for which AGEPI received the materials specified in part (1) article 34 of the Law, on condition of observance of the following requirements:
a) the petition of the applicant was submitted to AGEPI along with request materials according to part (1) article 34 of the Law or within 3 months from the date of the direction of the notification on which the reference in Item 39 of this provision is had;
b) the copy of the prior request certified according to the procedure, established by department to which the application was submitted, was provided within 16 months from the date of submission of the prior request or within 4 months from the date of the direction of the notification AGEPI on need of submission of such copy, depending on what of these terms expires earlier;
c) the absent part of the description or the drawing provided by the applicant contain completely in the prior request;
d) the translation of the prior request if it was constituted not in state language, was provided by the applicant within 3 months from the date of the direction of the notification AGEPI on need of representation of the translation.
41. The description as request element, necessary, according to Item (c) parts (1) article 34 of the Law for establishment of date of giving, it can be replaced with the reference to the prior request of the applicant or his legal successor made in the application blank in case of application. The applicant specifies in the reference that for the purpose of establishment of date of giving the description and any other drawing are replaced with the reference to the prior request; besides, specifies number and date of submission of this request and department to which it was given.
42. If the request is considered not given, documents of the request return to the applicant, and AGEPI keeps at itself control copy. The control copy is stored in the mode of confidentiality and can be issued for acquaintance only to the applicant or interested persons according to the statement of degree of jurisdiction.
43. The petition is submitted on the standard form approved by AGEPI, including the columns belonging to:
a) to the asked security document;
b) to identification data of the applicant (applicants);
c) to identification data of the inventor (inventors);
d) to identification data of the representative / patent agent;
e) to specifying of the address for correspondence;
f) to specifying, according to part (7) article 33 of the Law, concerning origin of right to patent;
g) to the name of the invention;
h) No. 548 is excluded according to the Order of the Government of the Republic of Moldova of 26.07.2012
i) information on the asked priority;
k) to the reference to the prior request;
l) to the reference to the initial request from which the request is selected;
m) information on the enclosed request materials;
n) signatures of the applicant (applicants) or the representative specified to them.
44. The request about opening of national phase for the international request submitted according to the Agreement on patent cooperation accepted in Washington on June 19, 1970 (further - RUTI) which the Republic of Moldova joined the Resolution of Parliament No. 1624-XII of October 26, 1993. (The monitor of Parliament of the Republic of Moldova, 1999, No. 11, the Art. 345), moves on the standard form approved by AGEPI in which accurately specify type of the asked security document - the patent for the invention or the short-term patent.
45. All columns of the application blank intended for the applicant are filled in with it in state language in typewritten, machine-readable form or is by hand accurate and legible.
a) the applicant shall specify the surname, the address and official country name which citizen he is, or in the absence of nationality - the country of accommodation, and in the absence of that - the country in which it has industrial or commercial enterprise. For legal entities it is necessary to specify the official name and in the presence the abbreviation used in use, besides, the address and official country name of origin. Also phone numbers and the fax or any other means of communication, for example, the e-mail address can be specified. In the presence of several applicants these data are specified for each of them;
b) if the applicant appointed the representative, specify its surname and the postal address. For patent agents specify the room of registration in AGEPI. Can be specified as well phone numbers and the fax or any other means of communication, for example, the e-mail address;
c) the applicant specifies the address for correspondence. In case of its absence the address for correspondence the address of the applicant or representative, on circumstances is considered. In the presence of several applicants and if the representative is not specified, AGEPI corresponds with the first applicant specified in the request;
d) if necessary the applicant asks priority of the prior request based on article 39 of the Law, having specified date and number of the prior request and the country in which or for which it was given.
The applicant wishing to use the right to exhibition priority asks it based on part (5) article 40 of the Law, having specified the name of exhibition and the place of the first presentation of the invention. If the priority is asked based on several earlier submitted applications or several exhibitions, the relevant data on each prior request or exhibition separately are specified;
e) if necessary the applicant specifies data on the selected request;
f) the request shall contain the signature of the applicant with accurate specifying of surname and name, and also signature date.
If applicant is the legal entity, the request is signed by his head with indication of position, surname and name, signature date.
If it is several applicants, the request is signed by each of them.
If the application is submitted by the representative, it can be signed by the representative.
In case of data presentation on additional sheets each leaf is signed in the same way;
i) in the statement podtirka, corrections, dopisyvaniye of words or lines are not allowed. In the presence of those the changed places shall be signed according to the subitem f) this Item;
j) appointment of inventors is performed under responsibility of the applicant.
47. If the request is not signed, AGEPI returns one copy of the application blank to the applicant or the representative in order that it within 2 months returned it with the signature, otherwise the request is considered withdrawn.
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