Renew a Romanian patent validated through the European Patent Office (EPO):
During the application process renewal fees must be paid to the EPO. The first renewal fee of a patent application is due on the second anniversary of the patent's filing date, and thereafter, renewal fees are due on an annual basis. Once a patent is granted by the EPO and validated in Romania, the renewal fee is paid to the Romanian State Office for Inventions and Trademarks. The rules that apply to a national Romanian patent also apply to an EP patent in Romania. For more information on renewal fees related to the EPO, please visit another one of our articles at this link, here.
For example, if the filing date of a patent is 2017-06-15, and the grant date is 2023-04-25, you will have to settle the renewal fee with the EPO starting from 2019-06-30 onwards until 2022-06-30. From the year 2023 onwards, you will have to settle the renewal fee with the Romanian Patent Office.
Renew a national patent with the Romanian Patent Office:
While a patent is in the pending application stage, no renewal fees are due. Once a patent is granted in Romania, you are obliged to pay a recurring renewal fee to the Romanian State Office for Inventions and Trademarks to maintain the patent. The first renewal fee will be due annually, starting from the first anniversary of the filing date after the grant of the patent.
Renewal fees in Romania fall exactly on the anniversary of when the original filing date of the application falls. The due date should be the month and date corresponding to the filing date.
For example, if the filing date of a patent is 2014-03-17, and the grant date of the patent is 2015-10-26, you will only have to settle the first renewal fee on the second anniversary (year 3) of the patent’s filing date on 2016-03-17. The next annuity (year 4) will be due for renewal on 2017-03-17 (on the anniversary of the filing date).
In Romania, there are two other types of intellectual property for which you need to settle renewal fees, these are known as utility models and designs. At PatentRenewal.com, we have all the necessary tools and procedures to ensure that your utility models and designs can be renewed through us.
Intellectual Property Type #1 - Utility Models
A Romanian utility model is valid for 10 years from the filing date of the application and is in force for six years from the filing date of the application. You can renew the utility registration twice: first, for two years and then for another two years. The renewal fees are due 6 months prior to the anniversary of the filing date. If the renewal fee is not paid by the due date, the utility model will enter a grace period of 6 months. This gives you the time to still renew the utility model with an increased renewal fee.
Intellectual Property Type #2 - Industrial Designs
A Romanian design right is valid for 25 years from the filing date. Initially, a Romanian design is protected for 5 years. In order to maintain protection beyond the initial 5-year period, it can be renewed every five years thereafter, up to a maximum of four renewals. Renewal fees are required with each registered design, even if these are designs of multiple applications. If the requested maintenance fees are not settled by the due date, an additional 6-month grace period will be applied in order for the settlement to take place. If a patent enters the 6-month grace period, an increase to the original renewal fees will be applied.
Starting from the 2nd anniversary of the filing date, patent renewal fees need to be paid annually to maintain a granted patent. For further clarification, please refer to the cost breakdown below.
National patent: The first renewal fee is paid after the patent has been granted in Romania. The first renewal of a granted patent is due on the second anniversary of the patent’s filing date. The renewal fee is intended to maintain the patent in force for the upcoming 3rd year.
For example, if the filing date of a patent is 2014-03-17, and the grant date of the patent is 2015-10-26, you will only have to settle the first renewal fee on the second anniversary (year 3) of the patent’s filing date on 2016-03-17. The next annuity (year 4) will be due for renewal on 2017-03-17 (on the anniversary of the filing date).
Romanian patent validated through the European Patent Office (EPO): The first renewal fee of a patent application is due on the second anniversary of the patent's filing date, and thereafter, renewal fees are due on an annual basis. Once a patent is granted by the EPO and validated in Romania, the renewal fee is paid to the Romanian State Office for Inventions and Trademarks.
For example, if the filing date of a patent is 2017-06-15, and the grant date is 2023-04-25, you will have to settle the renewal fee with the EPO starting from 2019-06-30 onwards until 2022-06-30. From 2023 onwards, you will have to settle the renewal fee with the Romanian Patent Office.
National patent: Prior to the grant, the Romanian patent application is in its filing stage. You will first have to pay renewal fees past the date of the grant of the patent.
Romanian patent validated through the European Patent Office (EPO): Prior to the grant, the patent application is in its filing stage with the EPO. You can only begin paying the renewal fees to the EPO from the second anniversary of the patent's filing date, and thereafter, renewal fees are due on an annual basis. However, once the patent has been granted and validated in Romania, the renewal fee is thereafter paid to the Romanian State Office for Inventions and Trademarks.
National patent: The payment window in Romania opens four years before the renewal fees are due. It is important to note that the renewal fees cannot be settled prior to this window opening. This rule is applicable to both national patents as well as to an EP patent in Romania. However, such early payment requires that all annuities
For example, if the 10th renewal fee of a patent falls due on 2021-07-31, the payment window to pay the renewal fee will open on 2017-08-01. All annuities falling due between 2017-08-01 and 2021-07-31 must be paid together in a single batch if you wish to make use of this early payment option.
National patent: Yes, it is possible to renew a Romanian patent after its deadline. If you fail to pay the renewal fee in due time, a grace period of 6 months is given whereby the renewal fees can still be settled. However, when entering the grace period you will incur an increase of 50% to the original renewal fees. If you wish to maintain the patent, the (new) total renewal fee will have to be settled.
For example, if a patent’s renewal due is 2021-05-30, and the due date is missed, the patent will enter the grace period from 2021-06-01. The new total will need to be settled within the 6-month grace period, and will be due by 2021-11-30. Failure to pay this fee within the grace period, will result in the patent being lapsed.
Romanian patent validated through the European Patent Office (EPO): The same rule that applies to a national Romanian patent for missing a renewal deadline also applies to an EP patent in Romania.
Renewals must be completed by an agent, a registered Romanian patent attorney. This rule is applicable to both national patents as well as to an EP patent validated in Romania. It is a requirement that the agent receives a signed power of attorney to be able to renew your patent.
In order to maintain a Romanian patent, renewal fees need to be settled annually with the Romanian Patent Office. By settling the renewal fees, the patent is guaranteed to last for a maximum of 20 years from the filing date. This rule is applicable to both national patents as well as to an EP patent in Romania.
