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The amendment and the supplementing of Law no. 64/1991 regarding patents.
The amendments brought to Law 64/1991
Art. 9 expressly excludes the possibility of patenting the methods of treatment of the human or the animal body, by way of surgery or therapy, and the diagnosis methods used on the human or the animal body.
Art. 15 expressly stipulates that the description of the invention may be replaced by making a reference to a patent application lodged with any office. The scope of said article, which in its previous wording permitted references only to patent applications lodged with SOPT, is thus extended.
In its new wording, Law 64/1991 excludes the possibility of invoking priority of exhibition, as a result of abrogating art. 21. At the same time, by including a new article, it provides for the possibility of invoking the right of internal priority – practically speaking, within 12 months following the date of lodging of a patent application, the applicant may lodge a new application claiming the date of lodging of the first application.
Art. 35 paragraph 1 letter d) provides that the exclusive right of exploitation conferred by the patent is depleted as a result of the sale, by the patent holder or with the patent holder’s consent, of the products representing the object of the invention, if such products are marketed in the European Union.
According to art. 35 paragraph 1 letter d), the use of the invention for experimental purposes, of an exclusively non-commercial nature, cannot qualify as a breach of the patent.
By abrogating paragraph 2 of art. 50, the legislator removed any exception from the rule according to which mandatory licenses may solely be transmitted together with such portion of the undertaking or of the goodwill that benefits from the respective license.
By abrogating art. 40 and inserting art. 54 the legal action for the annulment of the patent has been given a new regulation, and the legal grounds of the same have been clarified. A element of novelty is represented by the fact that the legal action for the annulment of the patent becomes subject to statute of limitations within 6 months following the date of publication of the decision for the awarding of the patent, provided that it is grounded upon one of the following arguments:
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The protection conferred by the patent was extended;
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The patent holder was not entitled to the awarding of the patent.
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