Invention Protection Law takes effect

Any natural or legal person, being the author of an invention which has as subject a product or a method in any technological field, provided that the invention is new, involves an innovatory activity and is industrially applicable, may request a patent by submitting an application to the State Agency for Intellectual Property (AGEPI). The Invention Law Protection Law has taken effect after being published in the most recent issue of the Official Gazette/Monitorul Oficial/, Info-Prim Neo reports. The patent application must contain a request for the patent, the description of the invention, one or more claims, drawings or blueprints referred to in the description or the claims, a summary and a proxy if needed. The patent request must refer to one single invention or a group of inventions related to each other so as to form a single innovatory concept. The patent offers the holder the exclusive right to make use of the invention throughout the period of its protection. The patentee has the right to forbid other persons to unauthorizedly manufacture, offer for sale, use or stock the patented product. The normal patent lifetime is 20 years from the date of submitting the patent application. Patents are also issued for a period of six years. The inventions created in Moldova may be patented abroad only after lodging a patent application with the AGEPI. The Law also stipulates that the rights resulting from the Eurasian patent are recognized and protected in Moldova as well. In the event of conflicts between the international treaties Moldova is party to and the given law, the provisions of the international treaties shall prevail. The charges for the activities related to the invention safeguards granted by the patent shall be established by the Government. The charges will be paid by the applicants, the patentees and other interested persons, either natural or legal. The Law also stipulates that the author's right to an invention is a personal, inalienable and indefeasible right, protected at all times. If the invention is the product of more than one person, each of the inventors shall be considered a co-author and each of them shall equally enjoy inventor's rights. If two or more persons have created the same invention independently of each other, entitled to a patent is the person whose patent application is dated earlier. Patents are not awarded for the inventions the use of which may harm the public order and the good morals, the health and life of people, animals, plants or environment. Patents are not granted for species of plants or animals, including for basic biological methods of obtaining species of plants and animals, as well as for inventions having as a subject the human body, in any stage of development, including human genes.