Moldova

DESIGNS REGISTRATION IN MOLDOVA

Priority Deadline: For filing of a design application in Moldova with claiming priority, the application would have to be filed within six (6) months from the priority date. A certified copy of the priority application should be filed with the MdPTO within 3 months following the design application filing date.

Novelty Period: The novelty grace period for a design in Moldova is twelve (12) months after the disclosure of the design and before application filing.

Representation: A foreign client must be represented at the Moldovan Patent office by a registered Moldovan Patent Attorney.

Translation: Application materials should be translated and filed in the Romanian language.

Formal Examination: The process for the examination of Design Applications in Moldova includes a formal examination within two (2) months after filing, for the crosschecking of required documentation. In the case of accurate documentation, the application will proceed to the substantive examination stage.

Substantive Examination: The substantive examination is requested simultaneously with the filing of the application. At this stage the design will be checked in compliance with the requirements for design patentability, which are absolute novelty and originality. If the design meets these requirement a decision to grant the patent will be issued.

Office Action: In case of Office Action, our Moldovan Patent Attorney will carefully review the Office Action to provide a Legal Opinion and discuss with the Applicant or representing Attorney, options available in overcoming said Office Action.

Duration: The procedure for registration of a design patent in Moldova usually takes twelve (12) months in case of smooth registration.

Maintenance: Maintenance fees regarding the maintenance of the design patent in force, are required to be paid every five (5) years beginning from the fifth year of validity. A six (6) month grace period is foreseen but will incur an increase on the fees by 50%. Failure to pay maintenance fees can result in the cancellation of the patent.

Fees: The patent is issued after payment of the relevant issuance and annuity (1st to 5th) fees.

Validity: In Moldova a patent is valid for five (5) years with a possibility to renew for another five (5) years four (4) times repeatedly. Twenty-five (25) years collectively.

Required documents for Filing a Design Application in Moldova:

1. Applicant’s information (name and address).
2. Designer’s information (name and address).
3. Representations of the design(s) (photos or drawings); number of representations and views is not limited but must be sufficient to give a complete idea of the design.
4. Description and list of dominant features (if available).
5. POA signed by Applicant(s). Notarization or Legalization is not required.