Basic information - Patents

 

In accordance with Art. 2 points A and B of the Government Ordinance no. 41/1998 on the fees in the industrial property protection field and the the conditions for using the same, as republishd in the Official Gazette no. 959 of 29 November 2006, applicants for patents who have not taken over or transferred their rights in legal conditions by the payment date, may benefit by fee reductions in respect of the patent registration procedures.

Art. 2. The applicant or the holder of the industrial property right who has not taken over or transferred his right in legal conditions by the payment date, shall pay the fees provided in the annexes, as follows:

A. for legal entities:

a) 50% of each due amount, if the rate of turnover of the legal entity for the preceding financial year is less than the equivalent in lei of two million EUR;

b) 20% of the amount of each due fee, if the rate of turnover of the legal entity for the preceding financial year is less than the equivalent in lei of one million EUR;

c) 20% of the amount of each due fee, if the legal entity is the applicant of a patent application or the owner of a patent for invention whose subject-matter is an invention resulting from a research-development activity with public financing or if it is a public organization or non-profit organization;

B. for natural persons:

a) 50% of the amount of each due fee, if the natural person is also  the author, with a monthly gross income, for the last 12 months preceding the month of payment, of less than 5 times the officially published average gross income on the economy, for the last 12 months;

b) 20% of the amount of each due fee, if the natural person is also the author, having a monthly gross income for the last 12 months preceding the month of payment, of less than  3 times the officially published average gross income on the economy, for the last 12 months.

In the case of natural persons, the value of the nominal average monthly gross income shall be calculated based on the data officially published in the last 12 months by the National Institute of Statistics (INS).

In the case of legal entities, other than research institutes, public organizations and non-profit units, the reduction shall be granted if there were no transfers of rights and depending on the turnover achieved in the financial year before the fee payment date and shall be calculated in lei at the exchange rate valid on the date of closing the balance sheet.

IMPORTANT! Fee amounts ​​are updated on January 1 of each year, taking into account the leu - EUR exchange rate published by the National Bank of Romania on October 1 of the previous year.

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