WORLD TRADE ORGANIZATION
ORGANISATION MONDIALE DU COMMERCE
ORGANIZACIÓN MUNDIAL DEL COMERCIOIP/N/1/MDA/P/1
6 February 2002
(02-0576)
Council for Trade-Related Aspects of
Intellectual Property RightsOriginal:  English/
anglais/
inglés
MAIN DEDICATED INTELLECTUAL PROPERTY
LAWS AND REGULATIONS NOTIFIED UNDER
ARTICLE 63.2 OF THE AGREEMENT
MOLDOVA
The present document reproduces the text1 of the Law on Patents for Inventions Nº 461-XIII,
as last amended in 2000, as notified by Moldova under Article 63.2 of the Agreement (see document
IP/N/1/MDA/1).
Conseil des aspects des droits de propriétéintellectuelle qui touchent au commerce
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES A LA
PROPRIETE INTELLECTUELLE NOTIFIEES AU TITRE
DE L'ARTICLE 63:2 DE L'ACCORD
MOLDOVA
Le présent document contient le texte
1 de la Loi n° 461-XIII sur les brevets d'invention,
modifiée pour la dernière fois en 2000, qui a été notifié par la Moldova au titre de l'article 63:2 de
l'Accord (voir le document IP/N/1/MDA/1).
Consejo de los Aspectos de los Derechos de PropiedadIntelectual relacionados con el Comercio
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO
MOLDOVA
En el presente documento se reproduce el texto
1 de la Ley Nº 461-XIII sobre Patentes de
Invenciones, modificada en 2000, notificado por Mo ldova de conformidad con lo dispuesto en el
párrafo 2 del artículo 63 del Acuerdo (véase el documento IP/N/1/MDA/1).
                                                     
1 In English only./En anglais seulement./En inglés solamente.IP/N/1/MDA/P/1
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LAW ON PATENTS FOR INVENTION
No.  461 / 1995
Chapter I: General Provisions
Art. 1. Legal Rule
Art. 2. Legal Protection of InventionsArt. 3. Representation
Chapter II: Patentability of Inventions
Art. 4. Patentability Requirements
Art. 5. NoveltyArt. 6. Inventive StepArt. 7. Industrial ApplicationArt. 8. Non-Prejudicial Disclosure
Chapter III: Obtaining Patent
Art. 9. Inventor and Employer. Rights and Obligations
Art. 10. Patent ApplicationArt. 11. Unity of InventionArt. 12. Priority of InventionArt. 13. Correction of Application Docume nts at the Initiative of the Applicant
Art. 14. Withdrawal of ApplicationArt. 15. Conversion of ApplicationArt. 16. Examination of ApplicationArt. 17. Publication of ApplicationArt. 18. Publication of D ecision to Grant a Patent
Art. 19. Opposition Against Decision to Grant a PatentArt. 20. Grant of PatentArt. 20
1 . Supplementary protection for pharmaceutical products
Art. 21. Restoration of Rights 49
Chapter IV: Rights and Obligations
Art. 22. Rights of Patent Owner
Art. 23. Infringement of Patent Owner’s Exclusive RightArt. 24. Acts Not Infringing Patent Owner’s Exclusive RightArt. 25. Extent of Legal ProtectionArt. 26. Provisional Legal ProtectionArt. 27. Right of Prior UserArt. 28. Opposition to PatentArt. 29. Renuncia tion of Patent
Art. 30. Premature Te rmination of Patent
Art. 31. Right of Subsequent UserArt. 32. Transfer of RightsArt. 33. Other use without authorization of the right holder
Chapter V: Defense of Rights of Inventors a nd Patent Owners
Art. 34. Sanctions for Infringem ent of Rights of Inventors
Art. 35. Sanctions for Infringement of Rights of Patent OwnersArt. 36. Conditions for Hearing Litigation
Chapter VI: Final Provisions
Art. 37. State Agency on Indus trial Property Protection
Art. 38. Obtaining a Patent AbroadIP/N/1/MDA/P/1
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Art. 39. Patent Fees
Art. 40. State Incentives for Inventive Activity and Exploitation of InventionsArt. 41. Rights of Foreig n Natural and Legal Persons
Art. 42. International TreatiesChapter VII: Transi tional Provisions (Art. 43-46)
Chapter I
GENERAL PROVISIONS
Article 1. Legal Rule
The economic relationships and the pers onal non-economic relationships deriving
therefrom that arise in connection with the making of inventions, their legal protectionand exploitation or their use shall be gove rned by the Constitution, by this Law and by
other legislative instruments.
Article 2. Legal Protection of Inventions
(1) Legal protection of inventions shall include matters affecting the availability,
acquisition, scope, maintenance and enforcement of rights as well as those matters
affecting the use of rights.
(2) The rights in inventions shall be reco gnized and protected on the territory of the
Republic of Moldova by this Law and shall be attested to  by a patent for invention
(hereinafter “patent”).
(3) Patents shall attest to th e priority date of an invention, the authorship of the
invention and the exclusive right of the owner of the patent in the invention.
(4) The term of a patent shall be 20 years as from the date of filing with the State
Agency on Industrial Property Protection (h ereinafter “the Agency”) of a regular
national application for the grant of a patent.
(5) Inventions comprising information whose disclosure could prejudice the
national security of the Republic of Mol dova shall be withdrawn from the Agency,
within 30 days following their filling, on the basis of the board empowered by theGovernment, and the inventor or his su ccessor shall be notified accordingly.IP/N/1/MDA/P/1
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Article 3. Representation
(1) Natural and legal persons having thei r domicile or headquarters in the Republic
of Moldova (national) entitled to the protection of an invention may take action either
in person or through a representative in i ndustrial property authorized by a power of
attorney.
(2) Foreign natural and legal persons havi ng their domicile or headquarters abroad
shall be required to take action through professional re presentatives in industrial
property in the Republic of Moldova, except where international tr eaties to which the
Republic of Moldova is party provide otherwise.
(3) The activity of professional represen tatives in industria l property shall be
subject to the regulations approved by the Government.
Chapter II
PATENTABILITY OF INVENTIONS
Article 4. Patentability Requirements
(1) An invention in any field of technology  may be patented if it is new, if it
involves an inventive step and if it is susceptible of industrial application. An
invention may concern a product or a proce ss, including micro-organisms, or the use
of a know product or process for new purpos es. Patents shall be available and patent
rights enjoyable without discrimination as  to the place of invention, the field of
technology and whether products ar e imported or locally produced.
(2) The following shall not be deemed patentable inventions under this Law:
a) scientific theories and mathematical methods;
b) conventional signs,  timetables and rules;
c) methods for performing mental acts;d) organizational methods for doing business;e) projects and plans for buildings and c onstructions and for territorial planning;
f) projects of an aesthetic nature (design);g) topographies of integrated circuits;h) plant varieties, ot her than microorganisms.IP/N/1/MDA/P/1
Page 5
(3) Patent shall not be issued for i nventions, the prevention of commercial
exploitation of which is necessary to protect ordre public or morality, including to
protect human, animal or plant life health or to avoid serious prejudice to the
environment, provided that such exclusion is not made merely because theexploitation is prohib ited by national law.”
Article 5. Novelty
(1) An invention shall be considered to be  new if it does not form part of the state
of the art.
(2) The state of the art shall be deemed to comprise everything made available to
the public in any part of the world before the priority date (day, month, year) of the
invention concerned.
Article 6. Inventive step (non-obviousness)
An invention shall be considered as involvi ng an inventive step if, having regard to
the state of the art, it is not obvious to a person skilled in the art.
Article 7. Industrial Application (utility)
An invention shall be considered as suscep tible of industrial a pplication if it can be
used in industry, agriculture or any other field of activity.
Article 8. Non-Prejudicial Disclosure
(1) Disclosure of information concerning the subject matter of an invention shall
not affect the patentability of the invention if it occurred in respect of the creation ofthe invention, but no earlier than 12 months preceding the priority date of theinvention and was made by th e inventor, the applicant or  other person having obtained
such information directly or indirect ly from the inventor or the applicant.
(2) The provisions of paragraph (1) shall apply at all times. The burden of proving
the circumstances of the disclosure  shall rest upon the person concerned.
Chapter III
OBTAINING PATENT
Article 9. Inventor and Employer. Rights and Obligations
(1) The natural person whose creative wo rk has led to the invention shall be
deemed the inventor.
(2) The right to authorship of an invention shall constitute an inalienable personal
right and shall enjoy protec tion without limitation in time.IP/N/1/MDA/P/1
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(3) Where an invention results from the work of more than one inventor, each such
inventor shall be deemed a joint inventor a nd the right to authorship of the invention
shall belong to all of them. The conditions for exercising the rights belonging to the
joint inventors shall be determined by agreement between such inventors.
(4) A natural person who has furnished to  the inventor technical, logistic or
material assistance in the creation of the invention or who has simply given help in
preparing the patent application, in obtaining  the patent or in exploiting and using the
invention shall not be deemed an inventor.
(5) The inventor shall have the right to  be mentioned as such in the patent
application, in the patent and in the notices  published by the Agency in respect of the
application or the patent.
(6) The inventor shall have the right to  renounce the mention of his name in the
patent.
(7) The right to a patent shall belong to the inventor or to his successor in title.(8) If an invention is made independently by more than one inventor, the right to a
patent shall belong to the inve ntor whose application has the ea rliest priority date, un-less
that application has been withdrawn.
(9) The right to a patent for an inve ntion made by an employee in the
accomplishment of his duties or specific ta sks entrusted to him in writing by his
employer (service invention) shall belong to the employer, unless otherwise provided
by contract.
(10) In the case of a service inve ntion, the inventor shall be entitled to
remuneration proportional to th e profits obtained from the invention by the employer
if the latter correctly exploits the invention or to the profits he could obtain if a patent
is granted. The amount of the remuneration a nd the conditions of payment shall be set
out by contract between the inventor and the employer.
(11) If an invention is made  under a scientific research contract or a research and
development contract, the right to a patent shall be determined by such contract. The
inventor shall be entitled to  remuneration, the amount of which and the conditions of
payment shall be laid down in the contract  between the inventor and the employer.
(12) Within one month of the date on whic h a service invention has been made, the
inventor shall be required to inform his employer in writing thereof.
(13) If, within a period of 60 days as from the date on which the inventor has
informed his employer of the service inven tion that has been made, the employer has
failed to file an application for a patent or to transfer to another party his right to filesuch application or to require the inventor in writing to maintain the secrecy of theinvention, the inventor shall ha ve the right to file an app lication in his own name and
to be granted a patent. In such case, the employer shall enjoy a preferential right to aIP/N/1/MDA/P/1
Page 7
nonexclusive license to exploit the invention.
(14) If the parties fail to reach agreem ent on the amount of the remuneration due to
the inventor or on the price of the licen se, the amounts will be determined by the
courts as a function of the contribution made by each party to the creation of theinvention and of its  commercial value.
(15) Where the employer has obtained a pa tent for a service invention, the inventor
shall enjoy a preferential right to a free none xclusive license to exploit the invention.
(16) The employer and the inventor sha ll be required to inform each other in
writing of the progress of implementation of a service invention and to abstain fromany disclosure that could prejudice the exercise  of the rights of the other party. A party
who infringes this obligation shall be requi red to pay damages to the other party,
including damages for loss of earnings, in accordance with the applicable legislation.
Article 10. Patent Application
(1) Patent applications sh all be filed with the Agency, directly or through a
representative in industrial property, by th e person to whom the right in the patent
belongs in accordance with Article  9 (hereinafter “the applicant”).
(2) An application shall contain the following documents:a) a request for the grant of a patent, in cluding identification of the inventor or
inventors, of the applicant or applicants or of the person or persons on whose behalf
the patent is sought;
b) a description of the invention disclo sing it in a manner sufficiently clear and
complete for the invention to be carried out by a person skilled in the art. Theapplicant shall indicate the best mode fo r carrying out the invention known to the
inventor at the filing date or, where priority is claimed, at the priority date of theapplication;
c) one or more claims defining the s ubject matter of the invention and entirely
supported by the description;
d) drawings and other elements, where necessary to understand the subject
matter of the invention.
(3) Applications shall be accompanied by:a) an abstract;b) proof of payment of the prescribed fee or of circumstances justifying exemption
from the fee or a reduction in the fee;
c) an authorization, if the application is  filed by a representative in industrialIP/N/1/MDA/P/1
Page 8
property;
d) any document necessary to prove  the priority of the invention.
(4) If the invention concerns reproducib le biological material which cannot be
disclosed in such a manner as to enable a man skilled in the art to reproduce it or ifsuch material is not freely accessible, an attestation shall be attached to the applicationconcerning the deposit of the material with the depository institute designated by theGovernment or with a body having the stat us of international depository authority.
The deposit must have been made prior to the filing date of the patent application.
(5) The elements listed in paragraph (2) shall constitute a regular national
application.
(6) The filing date of the application shall be the date on which the Agency
receives the elements of a regular national application in accordance with paragraph (2).
(7) The documents referred to in paragraph (3)(a), (b) and (c) and in paragraph (4)
may be filed with the Agency at the same time as the application or within twomonths following the filing date of the latter. If, on expiry of that time limit, theapplicant has not submitted those documents or has not filed a request for extension ofthe prescribed time limit, the prosecution of the application shall be terminated.
(8) The application documents shall be filed in the national language certified
accordingly. With the exception of the request, the application documents may befiled in one of the following international languages of communication: English,French, German or Russian. In such case, a translation into the national language shall
be submitted to the Agency within two months following the filing date of theapplication, and that date sh all be maintained. If in th e course of that period the
applicant does not file a translation of th e documents in the national language, the
consideration of the application shall end.
(9) The information about the application shall be considered confidential until it is
published by the Agency. Disclosure of such  information before it is published by the
Agency shall be considered as violation and accordingly sancti oned under legislation
in force.
(10) The Agency may require an applican t for a patent to provide information
concerning applicant’s corresponding foreign applications and patents.IP/N/1/MDA/P/1
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Article 11. Unity of Invention
(1) A patent application sha ll relate to one invention or  to a group of inventions so
linked as to form a single general inve ntive concept (requirement of unity of
invention).
(2) If the application as filed does not m eet the requirement of unity of invention,
the applicant may divide it up into two or mo re divisional applications in such a way
that each of them remains within the limits of  the subject matter of the invention as set
out in the initial application.
Article 12. Priority of Invention
(1) The priority of an invention shall be determined by the filing date of the
application.
(2) Priority may be determined by the filing date of a first application made in a
State party to the Paris Convention fo r the Protection of Industrial Property
(convention priority) on condition that an app lication be filed with the Agency within
12 months following such date. These periods shall start from the date of filing thefirst application; the date of filing shall not be included in the period.
(3) If for reasons beyond the control of the applicant, it has not been possible to file
the application claiming convention priority within the prescribed time limit, the latter
may be extended for a maximum of two months.
(4) The priority of an invention that ha s been shown in an exhibition held on the
territory of a State party to the Paris Conve ntion may be claimed with respect to the
date as from which the invention was pres ented to the public as such exhibition, on
condition that the applicati on be filed within six months following such date
(exhibition priority). This time limit shall not be cumulative with the convention
priority time limit.
(5) The priority referred to in paragraphs (2) and (4) may be claimed when filing
the patent application or within two months following the date of such filing. Theapplicant shall be required to submit the documents justifying his claim to priorityaccompanied by a certificate of priority and by a translation in the national languagewithin three months following the date on which the application is filed. Failure tocomply with these time limits shall lead to loss of the right to the claimed priority.
(6) The priority of an invention that is the subject matter of a divisional application
may be determined in accordance with th e filing date of th e initial application
that has disclosed it, on condition that the Agency receives the divisional applicationbefore a final decision to grant or refuse a patent has been taken on the initialapplication.
(7) The priority of an invention may be determined in accordance with the date of
filing with the Agency of an earlier application by the same applicant in respect of theIP/N/1/MDA/P/1
Page 10
same invention on condition that the applica tion for which such priority is claimed is
filed within 12 months following the filin g date of the earlier application. In such
case, the earlier application shall be deemed withdrawn.
(8) Priority may be determined on the basis of more than one application filed at an
earlier date if the time limit referred to in paragraph (7) is complied with for each ofthem.
(9) Priority may not be determined on the basis of the filing date of an application
in which an earlier priority has already been claimed.
(10) Priority may not be refused on the ground that certain elements of the
invention for which priority is claimed do not appear among the claims formulated in
the application in the country of origin, pr ovided that the application documents as a
whole specifically disclose such elements.
Article 13. Correction of Application Docume nts at the Initiative  of the Applicant
(1) During the two months following the f iling date of the patent application, the
applicant shall be entitled to correct or supplement application documents on
condition that the subject matter of  the invention is not modified.
(2) Subject to payment of a fee, the app licant may make corrections or additions to
the application even after expiry of the time limit referred to in paragraph (1), but notafter a decision has been taken to grant or refuse a patent.
(3) In the event of more than one app licant, corrections or additions to the
application may only be made with the agreement of each applicant.
Article 14. Withdrawal of Application
(1) An applicant may withdraw a patent application at any time before a decision
has been taken to grant or refuse a patent.
(2) In the event of more than one applic ant, the application may only be withdrawn
with the agreement of each applicant.
Article 15. Conversion of application
An application for a patent, including th e application for Eurasian patent, may be
converted at the request of the applicant, to an application for an utility model and
vice-versa, before the decision to grant a pa tent has been taken or within three months
following the date on which a decision to refuse a patent has been taken.
Article 16. Examination of Application
(1) When prosecuting an application for a patent, the Agency shall undertake a
formal examination, a preliminary examina tion and, where appropriate, a substantiveIP/N/1/MDA/P/1
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examination.
(2) In the formal examination, the Agency  shall check, within one month, that all
application documents have been submitte d in compliance with Article 10. Where
such is the case, the Agency shall enter the application in the National PatentApplication Register.
(3) In the preliminary examination, and w ithin a period of two months, the Agency
shall:
a) check that the content of the app lication documents satisfies the required
conditions;
b) check that the subject matter of the invention meets the patentability requirements
set out in Article 4 paragraphs (2) and (3);
c) check that the invention that is the subject matter of the application meets the
conditions set out in Article 11;
d) determine, where a ppropriate, the priority date of the invention.
(4) If the application documents do not satisfy the required conditions, the Agency
shall notify such fact to the applicant and inv ite him to remedy the defects notified wi-thin
a period of two months as from receipt of the notification. If the applicant does
not comply with the invitation within the prescribed time limit or does not submit arequest for extension of such time limit, the Agency shall suspend prosecution of theapplication and notify the fact to the applicant.
(5) If the invention for which protection is  sought relates to subject matter that is
not patentable under this Law, the Agency sh all decide to refuse the grant of a patent
and shall notify the applicant thereof. The applicant may appeal from such decision tothe Appeals Board of the Agency within three months of the date of receiving thenotification.
(6) Where an application does not satisfy, on filing, the requirement of unity of
invention and the applicant does not, within  a period of two months as from the date
on which the fact was notified to him, di vide up the application in accordance with
Article 11(2), account shall be taken solely of the subject matter set out in the first
claim.
(7) If the application meets the prescribed conditions, the Agency shall notify the
applicant that his application will be prosecuted.
(8) In accordance with the applicant’s written request, which can be presented to
the Agency on filing of the application or within 30 months thereafter, the processingof the application may or may not compri se a substantive examination. Where the
request has not been presented within the said time limit, the application shall be consideredwithdrawn.IP/N/1/MDA/P/1
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(9) Where the Agency receives from the applicant, within the time limit set out in
paragraph (8) a written request that the gran t of the patent under his responsibility, the
Agency shall check if the invention complies with the patentability criteria, indicatedin Art 4-8 of the present law and, based on the examination repor t, it shall take a
decision to grant a patent or to reject withdraw the application.
(10) The applicant, or any other interested party, may file a request for a state-of-the-
art search, of which the results will enable the patentability of the invention to beassessed. The conditions governing the se arch and communication of information
obtained shall be determined by the Agency.
(11) The substantive examination of the a pplication shall be carried out in the 18
months following the filing date of the co rresponding request. The conditions for the
examination shall be determined in accordance with the rules set up by the Agency onthe basis of this Law.
(12) A request for substantive examinati on may also be filed with the Agency by
another person within 30 months following the filing date of the application. The
Agency shall notify the applicant of any request received from another person.
(13) In the substantive examination, the Ag ency shall check that the invention for
which protection is sought meets the patentability requirements set out in Articles 4 to8 of the present law and grounded on the ex amination report, it shall decide whether
to a grant patent or to reject the application.
(14) The Agency may invite the applicant to supply additional elements with
respect to the invention that are essen tial for it to examine the application. Any
additional elements shall be submitted by the applicant within two months followingthe date on which he receives the invitation from the examiner and they may notmodify the subject matter of the invention.
Article 17. Publicatio n of Application
(1) On expiry of a period of 18 months as from the filing date of the application or,
where priority is claimed, from the priority date, the Agency shall publish a noticeconcerning the application in the Official  Bulletin of Industrial Property (hereinafter
“the Official Bulletin”). The particular s to be published in the notice shall be
determined by the Agency.
(2) At the request of the applicant and on payment of the prescribed fee, the notice
concerning the application may be published before expiry of the time limit.
(3) When publishing the notice concerning the application in the Official Bulletin,
the Agency shall make the application documents available to the public in its library.
(4) An application sha ll not be published if:IP/N/1/MDA/P/1
Page 13
a) a decision to grant a patent has been taken;
b) a decision to refuse grant of a patent  has been taken and all possible remedies
have been exhausted;
c) the application has been withdrawn.
Article 18. Publication of D ecision to Grant a Patent
Within three months following the date on which the applicant has been informed
of the decision to grant a patent taken by the Agency, the latter shall enter the patent inthe National Patent Register and shall publish a notice thereof in the Official Bulletin.The particulars to be published in the notice shall be determined by the Agency.
Article 19. Opposition Against Decision to Grant a Patent
(1) Any person concerned may file with the Agency a reasoned declaration of
opposition to any decision to grant a patent within six months following the date ofpublication of the notice concerning the grant of  a patent in the Official Bulletin if any
one of the conditions set out in Articles 4 to 8 has not been met.
(2) Opposition to a decision to grant a pate nt shall not be deemed to have been
filed unless the prescribed fee has been paid.
(3) The Appeals Board of the Agency sh all examine the opposition to the decision
to grant a patent in accordance with the conditions and within the time limits set out inArticle 36.
(4) The outcome of the examination of any opposition that has been filed will be
published in a notice in the Official Bulletin.
Article 20. Grant of Patent
(1) If no opposition has been filed against th e decision to grant a patent or if any
opposition filed has been rejected, the Agen cy shall grant a patent to the entitled
person, subject to payment of the prescribed  fee. The grant of a patent shall not be
refused and a patent shall not  be invalidated on the ground that the sale of the patentedIP/N/1/MDA/P/1
Page 14
product or of a product obtained by means of a patented process is subject to
restrictions or limitations resulting from the domestic law.
(2) The description, the claims, the drawin gs and the abstract shall be published
simultaneously with the grant of the patent.
(3) Where there is more than one owner, the original of the patent shall be issued to
the owner designated by common accord for that purpose; the remaining joint
owners shall be entitled to r eceive a copy of the patent.
(4) Where the applicant is not the inventor, the inventor shall be entitled to receive
a copy of the patent.
Article 201. Supplementary protection for pharmaceutical products
(1) The owner of the patent for a pharm aceutical product, who has been granted
authorization for marketing the product, shall avail himself of a supplementary
protection of the invention equal in time with the period from the filing date till thedate on which marketing was allowe d, but not longer than 5 years.
(2) Supplementary protection for the phar maceutical products shall be granted at
the request of the patent owner and shall be  conformed by a certificate issued by the
Agency. The certificate grants rights equal to those residing in the main patent and
gives birth to the same rights and obligati ons. Throughout the entire term of validity,
the owner shall pay a nnual maintenance fees.
(3) The application giving the particulars of the inventor, the patent number, the
date of issue and the number of the aut horization for marketing of pharmaceutical
product, shall be file d with the Agency within 6 months following the grant of
authorization for marketing the pharm aceutical product in question. If the
authorization for marketing has been granted before the grant of the main patent, the
application shall be filed within 6 months the grant of the patent.
(4) The application shall be accompanied by:a) a copy of the authorization for marketing the products;b) proof of payment of the prescribed fee:(5) The decision to issue of certificate shall be published in the Official Bulletin
and shall be introduced in th e National Registry of Patents for invention. The list of
particulars shall be drawn by the Agency.IP/N/1/MDA/P/1
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Article 21. Restoration of Rights
(1) Any time limit laid down in the application examination procedure that has not
been complied with by the applicant may be extended, with the exception of the time
limits laid down in Article 10 (8) and Article 16(8), on payment of the prescribed fee.
(2) The request for restoration of rights shall be submitted by the applicant no later
than six months after the expiry date of the time limit concerned.
Chapter IV
RIGHTS AND OBLIGATIONS
Article 22. Rights of Patent Owner
(1) The owner of a patent shall enjoy an exclusive right in the invention protected
by the patent, including the right to exploit the invention insofar as such exploitationdoes not prejudice the rights of other patent owners, the right to dispose of the patent
and the right to prohibit others who act w ithout his consent or carry out the following
activities: manufacture, use, offering for sale, selling or importing for these purposesthe protected product or the product obtaine d directly by the protected process.
(2) Where there is more than one owner,  relations concerning the exploitation of
the invention protected by the patent sha ll be determined by agreement between the
owners. In the absence of such agreement, each of the joint owners shall enjoy theright to fully exploit the invention at hi s discretion and to ta ke legal action for
infringement of the exclusive right agains t any person who exploits the invention
without the authorization of all the jo int owners; on the other hand, he may not,
without the agreement of the other joint owners, conclude a licensing contract nor
perform any act involving assi gnment of rights in the patent; further, he may not
renounce the patent without notifying the other joint owners thereof.
Article 23. Infringement of Pa tent Owner’s Exclusive Right
(1) The following acts shall constitute an infringement of the patent owner’s
exclusive right if performed without his consent:
a) the manufacture, use, import, offering  for sale, sale and any other form of
placing on the market, or holding for such  purpose, of a product obtained by means of
the invention protected by the patent;
b) where the subject matter of a patent is  a process, to prevent third parties not
having owner’s consent from the act of usin g the process, and from the acts of: using,
offering for sale, selling, or importing fo r these purposes the product obtained by that
process;
c) inciting other persons to perform the acts listed above.(2) A product shall be deemed to have been manufactured by means of anIP/N/1/MDA/P/1
Page 16
invention protected by a patent and a proce ss protected by a patent shall be deemed to
have been used if all of the essential features of an  invention contained in an
independent claim have been used.
(3) The effects of a process patent sh all extend to the product obtained by such
process.
(4) When assessing the owner’s rights infringement, if the subject matter of the
patent is a process for obtaining a product, the judicial authorities shall have theauthority to order the defendant to prove th at the process to obtain an identical product
is different from patented process; any identical product when produced without the
consent of the patent owner shall in the absence of the proof to the contrary, be
deemed to have been obtained by the patent ed process if the product obtained by the
patented process is new or if there is a substantial likelihood that the identical product
was made by the process and the owner of the patent has been unable through
reasonable efforts to determine the process actually used.
(5)In the adduction of proof to the contrary, the legitimate interests of defendants in
protecting their manufacturing and business secrets shall be taken into account.
Article 24. Acts Not Infringing Patent Owner’s Exclusive Right
(1) The use of an invention protected by a patent shall not constitute an
infringement of the patent owner’s exclusive right:
a) in the construction or operation of a m eans of transport of a State party to the
international conventions in the field of inventions to which the Republic of Moldova
is also party when such means of a trans port temporarily or accidentally enters the
territory of the Republic of Moldova and the invention is used exclusively for the
needs of the means of transport;
b) for the performance of research work or scientific experimentation for assessing
the application of the subject matter of th e invention or for non-commercial purposes;
c)in relation to exceptional circumstances, such as natural disasters, catastrophes
and epidemics, and the like;
d) for the occasional preparation of  medicines on a medical prescription;
e) for private purposes without gain.
(2) The use referred to in paragraph (1) shall be allowed, provided that such
exceptions do not unreasonably conflict with the normal exploitation of the protected
invention and do not unreasonably prejudice the legitimate interests of the owner ofthe protected invention, taking account of th e legitimate interests of third parties. In
such cases, the owner of the protected patent is entitled to claim a compensationadequate to the damages suffered as a result of unauthorized exploitation of the
invention.IP/N/1/MDA/P/1
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(3) Actions of the public authorities related to the usage of invention protected by a
patent shall not be regarded as infring ement of the owner’s rights, provided that
public authorities in question acted  in good faith under this law.
Article 25. Extent of Legal Protection
The extent of the legal protection conferred by a patent shall be determined by the
terms of the claims. The description and drawings shall serve solely to interpret theclaims.
Article 26. Provisional  Legal Protection
(1) An invention that is the subject matter of a patent application shall enjoy, as of
the publication date of the notice concerni ng the application and up to the date of
publication of the notice concerning the patent, provisional legal protection whose
extent shall be determined by the claims.
(2) Provisional legal protection shall be deemed to have existed only if a patent is
granted.
(3) Any natural or legal person who exploits the invention during the period
referred to in paragraph (1) shall be require d, after grant of a patent, to pay monetary
compensation to the owner. The amount of such compensation shall be determined by
agreement between the parties.
(4) The provisions of paragraph (3) shall a pply to the invention as from the date on
which the applicant has notified the filing of the application to the person whoexploits the invention, if such date is ear lier than the publication date of the notice
concerning the application.
Article 27. Right of Prior User
(1) Any natural or legal person who, before the priority date of the invention, has
exploited an identical invention made i ndependently of the i nventor or who has
carried out the necessary preparation for such purpose shall maintain his right to
exploit the invention in the future, on c ondition that he does not extend its scope,
without having to pay a royalty or to obtai n the consent of the patent owner (right of
prior user).IP/N/1/MDA/P/1
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(2) The right of prior user may only be tran sferred to another natural or legal person
together with the production unit in which has taken place the exploitation of the
identical invention or the necessa ry preparation for that purpose.
Article 28. Opposition to Patent
Throughout its term of validity, a patent  may be opposed and invalidated in whole
or in part in the following cases:
a) the protected invention does not meet the patentability requirements set out in
this Law;
b) the claims contain features which we re not shown in the application documents
as originally filed;
c) the subject matter of the invention is not disclosed in a sufficiently clear and
complete manner in the description;
d) the inventor or the patent owner is  not correctly identified in the patent.
Article 29. Renunciation of Patent
(1) A patent owner shall be entitled to re nounce his patent in whole or in part.
(2) Renunciation of a patent by a joint owne r shall not terminate the validity of the
patent, which shall remain the property of the remaining joint owners.
(3) Renunciation shall take ef fect on the date on which the Agency receives from
the patent owner a written declaration info rming it of his intention to renounce the
patent.
(4) The Agency shall record the renunci ation of a patent and publish a notice
thereof in the Official Bulletin within three months following the date of receipt of thewritten declaration from the patent owner.
(5) The patent owner shall be required to inform the inventor, at the same time as
he submits his declaration to the Agency, of his intention to renounce the patent. In
such case, the inventor shall have a preferen tial right to the grant of a patent in his
own name during a period of three months as  from the date on which the patent owner
has informed him of his inte ntion to renounce the patent.
(6) If a patent is the subject of a licen sing contract, it may only be renounced with
the agreement of the licensee.IP/N/1/MDA/P/1
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Article 30. Premature Termination of Patent
(1) The patent shall terminate prematurely:
a) in the event of invalidation of the patent in accordance with Article 28;
b) on a declaration by the patent owner submitted to the Agency in accordance with
Article 29;
c) in the event of failure to pay the renewal fee for the patent within the prescribed
time limit.
(2) The Agency shall publish in the Official Bulletin a notice of premature
termination of a patent.
(3) The validity of a patent that has been terminated for failure to pay a fee may be
restored within a period of six months as from the date of publication of the decision
prematurely terminating the patent, on payment of the prescribed fee.
Article 31. Right of Subsequent User
(1) Any natural or legal person who, between  the date on which the validity of the
patent has been terminated and the date on which the valid ity has been restored, has
exploited an invention protected by a patent or has carried out the necessarypreparation for such purpose shall maintain his right to exploit the invention in futurewithout the agreement of the patent owne r on condition that he does not extend its
scope (right of subsequent user).
(2) The right of subsequent user may onl y be transferred to another natural or
legal person together with the production unit in which the exploitation of the
invention or the necessary preparation for such purpose has taken place.
Article 32. Transfer of Rights
(1) The right to ownership of a patent, th e rights deriving from registration of a
patent application and the rights conferred by a patent may be transferred to other
persons in whole or in part.
(2) Rights may be transferred under an a ssignment contract, contract on exclusive
and nonexclusive license, by successi on or by testamentary provision or ab intestad.
(3) Rights transferred by contract under pa ragraphs (2) shall also have effect for
third parties and shall determine the alteration of the legal status of the patentimmediately as the contract is registered with the Agency.IP/N/1/MDA/P/1
Page 20
(4) Under a licensing contract, the patent owner (licensor) shall afford to another
natural or legal person (licensee) the right to  exploit an invention protected by a patent
within the limits laid down in the contr act. The licensee shall undertake to make
payments to the licensor and to carry out such other acts as are laid down in thecontract.
(5) Under an exclusive licensing contract, the licensor shall afford to the licensee
the exclusive right to exploit an invention within the limits laid down in the contractand beyond which the licensor shall ma intain his right of exploitation.
(6) A nonexclusive license (ordinary license) shall enable the licensor, whilst
affording to the licensee the right to exploit the invention, to maintain all his rightsunder the patent, including the right to  afford licenses to other parties.
(7) Any provisions containing excl usive grantback conditions, conditions
containing challenges to validity and coercive package licensing as well as any otherconditions limiting fair competition based on professional principles shall not beincluded in license contracts.
(8) Any change in the legal situation of a patent shall give rise  to publication of a
notice in the Official Bulletin. The particulars to be included in such notice shall bedetermined by the Agency.
Article 33. Other use wi thout authorization of the right holder
(1) The judicial authority may authorize, without the consent of the patent owner,
the right on exploitation of protected invention, under the following conditions:
a) authorization of such use shall be  considered on its individual merits;
b) such use may only be permitted if, prior to such use, the proposed user has made
efforts to obtain authorization from the right holder on reasonable commercial terms
and conditions and that such efforts have not been successful within a reasonable
period of time. This requirement may be waived in the case of national emergency orother circumstances of extreme urgency or  in cases of public non-commercial use. In
such cases, the right holder shall be, neve rtheless, notified as soon as reasonable
practicable.
c) the scope and duration of such use shall be limited to the purpose for which it
was authorized, and in the case of semi-c onductor technology, shall only be for public
non-commercial use or to remedy a prac tice, determined after judicial or
administrative process to be anti-competitive;
d) such use shall be non-exclusive and non- assignable, except with the part of the
enterprise or goodwill which enjoy such use;
e) any such use shall be authorized predominantly for the supply of the domestic
market;IP/N/1/MDA/P/1
Page 21
f) authorization for such use shall be liabl e, subject to adequate protection of the
legitimate interests of the persons so authorized, to be terminated if and when thecircumstances which led to it cease to exist and are unlikely to recur. The judicialauthority shall have the authority to re view, upon motivated request, the continued
existence of these circumstances;
g) the right holder shall be paid adequate remuneration in the circumstances of each
case, taking into account the ec onomic value of the authorization.
h) the legal validity of any decision relating to the authorization of such use shall
be subject to a judicial re view or other independent review by a distinct higher
authority;
i) provisions of paragraph b) and e) shall not be applied where such use is
permitted to remedy a practice, determined after judicial or administrative process tobe anti-competitive. The need to correct anti-competitive practices may be taken intoaccount in determining the amount of the remuneration. Competent authorities shall
have the authority to refuse termination of authorization if and when the conditions
which led to such authorization are likely to recur.
j) when a nonexclusive compulsory license  has been granted for exploitation of a
patent for invention (hereinafter referred to  as “the second patent”) which may not be
exploited without infringing another patent (hereinafter referred  to as “the first
patent”), the following a dditional conditions apply:
- the invention claimed in the second pate nt shall involve an important technical
advance of considerable economic significan ce in relation to the invention claimed in
the first patent;
- the owner of the first patent shall be entitled to a cross- license on reasonable
terms to use the invention cla imed in the second patent; and
- the use authorised in respect of the fi rst patent shall be not assignable, except
with the assignment of the second patent;
(2) The holder of the license shall notify the Agency within 10 days the decision of
the judicial authority to grant a non-exclus ive compulsory. The Agency shall enter in
the National Patent Register and publish in the Official Bulletin data referring to thegranted of non-exclusive compulsory lic enses, as well as data in respect of
modifications occurred in connection with it within three months following the date of
notification.IP/N/1/MDA/P/1
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(3) If the holder of a compulsory license  has not undertaken any preparation for
exploiting the invention within the year following grant of the license, the compulsorylicense may be cancelled by the decision of the court. In any event, a compulsorylicense shall terminate if its holder has not  begun exploitation of the invention within
two years following the date on which the license was granted to him.
Chapter V
DEFENSE OF RIGHTS OF INVENTORS AND PATENT OWNERS
Article 34. Sanctions for Infringe ment of Rights of Inventors
(1) Any person who usurps the capacity of inventor, who obtains under constraint
the capacity of joint inventor or who disclo ses the subject matter of an invention prior
to the filing of an application without the consent of the inventor shall be deemed to
have infringed the latter’s rights and shall be liable to imprisonment or a fine inconformity with the legislation in force.
(2) Any official or employee of the Agen cy who discloses the subject matter of an
invention prior to publication of the appli cation shall be liable to disciplinary and
administrative sanctions in accordance with the law.
Article 35. Sanctions for Infringement of Rights of Patent Owners
(1) Any natural or legal person who exploits an invention protected by a patent in
violation of this Law shall be deemed to ha ve infringed the rights of the patent owner.
(2) At the request at the patent owner,  the infringement of his rights shall be
terminated and the natural or legal who committed the infringement shall be requiredto pay damages as compensation for the prejudices incurred, including for loss ofearning and the expenses which may i nvolve appropriate attorney’s fees.
(3) Products infringing owner’s rights sha ll be, without compensation of any sort,
dispose of outside the channels of commer ce in such a manner as to avoid further
infringements or destroyed.
(4) The infringed side may request that all materials and implements the
predominant use of which has been in th e creation of the infringing goods listed in
paragraph 3 above be, without compensation of  any sort, be disposed of outside the
channels of commerce in such a manner as to minimize the risk of new infringement.In considering such requests, the need for proportionality between the seriousness of
the infringement and the remedies required as well as the interests of third partiesshall be taken into account.
(5) In the event of a repeat offense, th e amount of the fine to which the person
committing the infringement of the rights of the patent owner is liable shall bedoubled.
(6) Proceedings for infringement of the rights of a patent owner may also beIP/N/1/MDA/P/1
Page 23
instituted by the holder of an exclusive license, unless otherwise provided in the
licensing contract.
Article 36. Conditions fo r Hearing Litigation
(1) Litigation between natural or legal pers ons deriving from the application of this
Law shall be heard either by the Appeals Board of the Agency or by the courts or
Specialized Arbitration Center.
(2) The Appeals Board shall hear appeals and opposition with respect to:a) suspension of the prosecution of an application;b) the grant or refusal of a patent;c) establishment of a priority or rejection of a priority claim;d) restoration of the validity of a patent;
e) invalidation of a patent.(3) The Appeals Board shall hear appeal s and oppositions within three months of
the date of their receipt.
(4) The Appeals Board shall notify to the applicant or the patent owner any
opposition filed by another person.
(5) The Appeals Board shall inform the pe rsons concerned of its decision within a
period of one month.
(6) Any person who disagrees with the decision taken by the Appeals Board may
appeal to a court or arbitr ation tribunal within three m onths following the date of
receiving the notice concerning the decision that has been taken.
(7) The courts or arbitration tribunals  shall hear litigation with respect to:
a) authorship of an invention;b) determination of the id entity of the patent owner;
c) infringements of the exclusive right in an invention and other economic rights
conferred by a patent on its owner;IP/N/1/MDA/P/1
Page 24
d) the conclusion and execution of licensing  contracts related to the exploitation of
an invention;
e) the right of prior user and the right of subsequent user;
f) remuneration to be paid by the employer to an inventor;
g) payment of the allowances laid down by this Law;
h) any decision to revoke or forfeit the pa tent may subject to judicial review;
i) other matters related to the protection of the rights attested to by a patent.
Chapter VI
FINAL PROVISIONS
Article 37. State Agency on Industrial Property Protection
(1) The State Agency on Industrial Prope rty Protection is a state body that is
responsible for the legal protection of i ndustrial property on the territory of the
Republic and is answerable to the Government.
(2) The Agency shall take its decisions with respect to the legal protection of
invention in a fully independent manner. Su ch decisions may be contested only before
the courts.
(3) In accordance with this Law, the Ag ency shall prosecute patent applications,
shall effect their registration and examin ation, shall grant patents, shall publish
official notices, shall publish the Official Bulletin and shall draw up legislative andregulatory instruments concerning the protection of industrial property.
(4) The Agency shall administer the na tional patent collec tion, which it shall
maintain and expand by means of acquis itions and by means of exchanges with
international bodies and fore ign patent offices, shall di sseminate patent information,
provide on request information on the state of the art and shall also provide training in
the protection of industrial property.
(5) The Agency shall be the depository of the National Patent Applications Register
and of the National Patent Register.
(6) The activities of the Agency shall be funded by fees, revenue from services
provided and the budget of the State.
(7) The Agency shall allocate the resources corresponding to the fees paid into its
accounts, including those in foreign curr ency, to technical equipment, to theIP/N/1/MDA/P/1
Page 25
constitution and use of a computer system and a patent database as well as to staff
training and incentives.
(8) The Agency shall represent the Repub lic of Moldova in relations with the
international and intergovern mental organizations active in the field of industrial
property and shall cooperate with them in that field.
Article 38. Obtainin g a Patent Abroad
(1) An invention made in the Republic of Moldova may only be patented abroad
three months at the earliest after the date of filing an application with the Agency.
(2) A patent may be obtained abroad on the basis either of an international
application filed under the Pa tent Cooperation Treaty (PCT) or a filing procedure in
accordance with an international or re gional convention to which the Republic of
Moldova is party.
(3) The Agency shall act as receiving Of fice for applications filed in accordance
with paragraph (2).
Article 39. Patent Fees
(1) The filing of a patent application, the publication of such application, its
examination, the grant of a patent, th e maintenance of a patent and the
accomplishment of other legal acts related to patent applications and patents shall be
subject to the levying of patent fees. The fees for the actions relating to protection of
inventions, their amount and payment te rms shall be governed by Government
regulations.
(2) Fees shall be paid by the applicant, the patent owner or by any other natural or
legal person concerned.
Article 40. State Incentives fo r Inventive Activity and Exploitation of Inventions
The State shall encourage inventive activit y and the exploitation of inventions. The
methods and means used to that end shall be determined by the appropriate decisions
and legislative instruments.
Article 41. Rights of Foreign  Natural and Legal Persons
Foreign natural and legal persons who ar e nationals of States party to the
international trea ties to which the Republic of Moldova  is also party shall enjoy the
rights afforded by this Law in the same  way as natural and legal persons of the
Republic of Moldova. The provisions of th is Law shall also apply within the
framework of bilateral agreements or according to the principle of reciprocity.
Article 42. Intern ational TreatiesIP/N/1/MDA/P/1
Page 26
If an international treaty to which the Re public of Moldova is party lays down rules
that differ from those set out in this Law,  the provisions of such international treaty
shall prevail.
Chapter VII
TRANSITIONAL PROVISIONS
Article 43
This Law shall enter into force three months after the date of its publication.
Article 44
Until the legislation has been made to comply with this Law, the hitherto
applicable provisions shall c ontinue to apply except where they conflict with those of
this Law.
Article 45
It is hereby provided that:
– USSR inventors’ certificat es shall have effect in the Republic of Moldova in
accordance with the legislation that was applicable on the date of their issue;
– inventors and applicants shall have the option of jointly filing a request for the
grant of a patent of the Republic of Mo ldova for inventions protected by a USSR
inventor’s certificate prior to the expiry of 20 years as from the filing date of theapplication that had led to the issue of such  certificate. If a patent is granted on that
basis, the corresponding USSR inventor’s cer tificate shall cease to have effect in the
Republic of Moldova. The term  of patents granted under th is procedure shall be 20
years as of the filing date of the application for an inventor’s certificate. Litigationderiving from the grant of patents of the Republic of Moldova for inventions protected
by USSR inventors’ certificates  shall be heard by the courts;
– any person who, prior to the filing date of a request for the grant of a patent of the
Republic of Moldova for an invention protect ed by a USSR inventor’s certificate, has
exploited the invention concerned on his own behalf or on behalf of his enterprise in
the Republic of Moldova or who has carried  out the necessary preparation for such
purpose, shall be entitled to continue to exploit the invention or to exploit it inaccordance with the preparation that has b een made without having to conclude a
contract with the patent owner. In such case, the inventor shall be entitled toremuneration of which the amount and conditi ons of payment shall be established by
the Government;IP/N/1/MDA/P/1
Page 27
– a USSR inventor’s certificate may be invalidated under the procedure set up by
this Law if the invention for which it has been granted does not satisfy the patentabilityrequirements that were set out in the legislation applicable on the filing dateof the application that led to the grant of a certificate;
– applications for patents of  the Republic of Moldova pe nding on the date of entry
into force of this Law shall be prosecuted in accordance with the procedure set up bythis Law. However, the invention must meet the patentability requirements defined bythe legislation applicable on the filing date of the application;
– patents of the Republic of Moldova granted prior to the entry into force of this
Law shall be assimilated from a legal point of view to patents granted in application ofthis Law.
Article 46
Prior to the expiry of three months, the Government:
– shall submit to Par liament proposals to adapt the current legislation to this Law;
– shall adapt its regulatory texts to this Law;– shall have its ministries and departments revise or cancel any of their regulatory
texts that conflict with this Law.
Adopted: May 18, 1995
Published in: Monitorul Oficial al Republicii Moldova, No.53-54 of September 28,
1995Entry into force: May 18, 1995.
Amended by: the Law No. 788-XII on Amending and Abrogation of Various Laws
Adopted: March 26, 1996
Published in: Monitorul Oficial al Republic ii Moldova, No.40-41of June 20, 1996
Entry into force: June 20, 1996
Amended by: the Law No. 1079-XIV on Amending Various Laws
Adopted: June 23, 2000
Source: Monitorul Oficial al Republicii Moldova, No. 154-156 of December 14,
2000Entry into force: December 14, 2000
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