Patents Laws in Moldova
Here’s a detailed overview of patent laws in Moldova:
🇲🇩 Patent Laws in Moldova
Patent protection in Moldova is governed primarily by the Law on Inventions (Law No. 51 of 2008) and related regulations, which align with international IP standards. The patent system is administered by the State Agency on Intellectual Property (AGEPI).
1. Patentability Criteria
An invention is patentable if it meets these conditions:
Novelty: The invention is new worldwide, i.e., it has not been disclosed prior to the filing date.
Inventive Step: The invention is not obvious to a person skilled in the relevant field.
Industrial Applicability: The invention can be made or used in any kind of industry.
Exclusions: The following are not patentable in Moldova:
Discoveries, scientific theories, and mathematical methods.
Aesthetic creations (covered by copyright).
Schemes, rules, or methods for performing mental acts, playing games, or doing business.
Methods of diagnosis, treatment, or surgery on humans or animals.
Plant and animal varieties or essentially biological processes.
2. Types of Patents
Standard Patents: For inventions fulfilling patentability criteria.
Moldova does not have a utility model system.
3. Patent Duration
Patent protection lasts for 20 years from the filing date, provided maintenance fees are paid.
4. Patent Application Procedure
Applications are filed with the State Agency on Intellectual Property (AGEPI).
The application must contain:
A description of the invention.
Claims.
An abstract.
Drawings (if necessary).
Applications undergo a formal examination and a substantive examination.
The application is published 18 months after the filing date.
Substantive examination must be requested within 36 months from the filing date.
5. Foreign Applicants
Foreign applicants can file directly or through a local patent attorney.
Moldova is a member of the Paris Convention, allowing a 12-month priority claim.
Moldova is also a member of the Patent Cooperation Treaty (PCT) since 2010, allowing international patent applications designating Moldova.
6. Patent Rights and Enforcement
Patent holders have exclusive rights to prevent unauthorized manufacture, use, sale, or import.
Patent infringement may lead to civil and criminal penalties.
Patent rights can be licensed or assigned.
7. Compulsory Licensing
The law allows compulsory licenses in cases such as non-working of the patent or public interest.
The license is granted by a court decision or administrative authority.
8. International Agreements
Member of WIPO
Member of Paris Convention
Member of Patent Cooperation Treaty (PCT)
Member of TRIPS Agreement through WTO membership
Summary Table
| Aspect | Details |
|---|---|
| Governing Law | Law on Inventions No. 51/2008 |
| Patent Term | 20 years from filing date |
| Patentability Criteria | Novelty, inventive step, industrial applicability |
| Examination | Formal and substantive |
| Foreign Applicants | Allowed, Paris and PCT priority claims |
| Utility Models | Not recognized |
| Enforcement | Civil and criminal remedies |
| Compulsory Licensing | Allowed under specified conditions |
| International Membership | WIPO, Paris Convention, PCT, TRIPS |
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