Guide to Patent registration in the Republic of Moldova

Patent in Moldova is a country with many advantages for the development of inventions in many fields. Moldova has a long agricultural tradition and fertile soil. Inventions in the fields of agricultural technology, food processing and preservation of agricultural products can help improve the productivity and quality of agricultural products, and promote exports. Moldova has the potential to develop renewable energy, especially solar energy and biomass energy. Inventions in this area can help Moldova reduce its dependence on imported energy and protect the environment. Moldova has many attractive tourist destinations, including ancient monasteries, wineries, and beautiful natural landscapes. Innovations in the tourism sector can help Moldova attract more tourists and develop a sustainable tourism industry. In addition, the Moldovan government is also making efforts to improve the business environment and attract foreign investment, creating favorable conditions for the development of inventions and technological innovation. However, to make the most of these advantages, Moldova needs to continue to invest in education and training, improve the quality of its human resources, and create a strong startup ecosystem. Viet An Law would like to guide customers through the preliminary procedures for patent registration in the Republic of Moldova through the article below.

Legal Basis

• Law No. 50 of March 07, 2008 on Patent Protection (amended to Law No. 98 of April 27, 2023)

Conditions for registering a patent in Moldova

• Novelty: The invention must be new, which means that it has never been published or disclosed to the public anywhere in the world prior to the date of filing the patent application. This includes disclosure through publications, oral presentations, use, or any other means.
• Innovative progress: Inventions must not be obvious to people with expertise in the field of engineering. That is, the invention must include an innovative advancement, not simply a combination or variation of existing knowledge or techniques. It should be an obvious solution to a technical problem.
• Industrial applicability: The invention must have the ability to be produced or used in any type of industry or economic activity. This means that it must have practical application and cannot be just theoretical or abstract. It has to have real-world uses.

Types of patents that can be registered in Moldova

• Patents for inventions: This is a standard type of patent, granted to inventions that meet the criteria of novelty, creative progress, and industrial applicability. It provides the strongest protection and lasts for 20 years from the date of filing the patent application.
• Short-term patents for patents: This is a simpler and faster procedure for obtaining patent protection. It is intended for inventions with a shorter commercial life or for inventions that may not meet the full creative advancement requirement of a standard patent. Short-term patents are valid for 6 years from the date of filing and can be extended for a further 4 years.

Patent registration dossier in Moldova

• Patent Application: This form includes information such as the name of the invention, the name and address of the inventor(s) and the applicant(s), and the filing date.
• Description: This is a detailed description of the applicant’s invention, including the context, the technical field, the problems it solves, and how it works. The applicant must provide sufficient detail so that a person with expertise in the field can understand and reconstruct the invention. The information typically includes the following sections:
  • Name of the invention
  • Technical Field
  • Background art
  • Patent Summary
  • Brief description of the drawings (if applicable)
  • Detailed description of the invention
  • Industrial applicability
• Protection Claims: This is a numbered list of claims to determine the scope of protection for one’s invention. Claims for protection are the most important part of a patent application, as they define the scope of the applicant’s exclusive rights.
• Drawings (if any): If the applicant’s invention can be illustrated, drawings should be provided to help clarify the description.
• Summary: A brief summary of the invention, usually about 150 words or less.
• Priority documents (if any): If the applicant has applied for a patent for the same invention in another country within the last 12 months, the applicant can claim priority.
• Power of attorney (if any): If the applicant files through the patent representative, it is necessary to provide them with a power of attorney on behalf of the applicant.
• Other documents (if applicable): Depending on the applicant’s case, the applicant may need to file other documents, such as a transfer agreement if the applicant is not the inventor, or a copyright statement.

Patent Registration Fees in Moldova

Patent registration in Moldova through the PCT system

What is the PCT System?

The PCT system stands for Patent Cooperation Treaty – an international treaty that aims to create a uniform process for filing international patent applications. The system is administered by the World Intellectual Property Organization (WIPO) and has more than 150 countries participating, including Moldova.

Benefits of the PCT system:

• Save time and money: The PCT system allows the applicant to file a single patent application for patent protection in multiple countries participating in the Treaty, rather than having to file a separate application in each country. This saves time, costs and administrative procedures.
• Postponement of the national filing deadline: When filing a PCT application, the applicant has an additional 30 months to decide which country the applicant wants to protect the invention. This is a valuable time for the applicant to evaluate the commercial potential of the patent and prepare for the filing of the national application.
• Simple Process: The PCT System uses a common set of rules and procedures for all participating countries, which simplifies the filing process and saves time for both the applicant and the national patent office.
• Early Search Information: The International Search Report and Written Opinion of the International Patent Search Agency will provide the applicant with information about the novelty and patentability of the patent, helping the applicant to make an informed decision about filing a national application.
• Enhanced international cooperation: The PCT system encourages international cooperation in the field of patents by creating a common platform for the exchange of information and the sharing of experiences between countries.
• Support innovation: The PCT system helps promote innovation by reducing the procedural burden on inventors and making it easier for them to protect their patents worldwide.

Patent registration dossier through the PCT system

To file an invention registration through the PCT system, you need to prepare a set of documents including the following documents:

• PCT Application: The application can be filed in Vietnamese or English, however, it is recommended that it be filed in English to facilitate the processing. You can download the PCT application form from the WIPO website: https://www.wipo.int/pct/en/forms/
• Description of the invention: The description of the invention should present the invention in detail and clearly, including:
  • Patent Name Technical Field
  • Patent Summary
  • Detailed explanation of the invention
  • Drawings (if any)
  • Request for protection
• Claim for protection: The claim for protection should clearly define the scope of protection that the applicant wants to give the invention.
• Patent Claims: Patent claims need to clearly identify the inventor (or inventors).
• Letter of Authorization (if applicable): If the applicant uses an intellectual property representative to file the application, the applicant needs to provide a Letter of Authorization that authorizes the representative to represent the applicant during the filing process and process the procedure.

Additional documents (may be required):

• Priority documents (if any): If the applicant filed an application for the same patent in another country before filing the PCT application, the applicant may claim priority based on the date of filing that application.
• Translation (if applicable): If any of the documents on file are not in English or French, the applicant needs to provide a translation into either of these languages.
• Application fee: The applicant needs to pay the PCT filing fee to the International Receiving Office (IB).

If you wish to file an application for patent registration, please contact Viet An Law for the most effective support!