1 Unofficial translation  
 
PARLIAMENT OF THE REPUBLIC OF MOLDOVA  
 
LAW  
on the protection of inventions  
 
No. 50 -XVI of March 7, 2008  
 
Official Gazette  (“Monitorul Oficial”)   No117-119/455  of  04.07.2008  
(as amended  by  the Law no.160 of 30.07.2015   
the Law no .173 of 25.07.2014)  
 
* * *  
TABLE OF CONTENTS  
 
Chapter I  
General Provisions  
Article 1. Scope  
Article 2. Legal Framework  
Article 3. Basic Concepts  
Article 4. Forms of Protection of Inventions  
Article 5. National Office  
Chapter II  
SUBSTANTIVE PATENT LAW  
 
Section 1  
Patentability  
Article 6. Patentable Inventions  
Article 7. Exceptions to Patentability  
Article 8.  Novelty  
Article 9.  Non-Prejudicial Disclosure  
Article 10.  Inventive Step  
Article 11.  Industrial Application  
Article 12.  Subject -Matter Protected by a Sho rt-Term Patent for Invention  
 
Section 2  
Persons Entitled to Apply For and Obtain a Patent  
Article 13. Entitlement to File a Patent Application  
Article 14. Right to a Patent  
Article 15. Employee Invention  
Article 16. Patent Application s Filed by Non -Entitl ed Persons  
Article 17. Right of the Inventor  
 
Section 3  
Effects of the Patent and the Patent Application  
Article 18. Term of the Patent  
Article 19. Rights Conferred by a Patent Application after Publication  
Article 20. Rights Conferred by a Patent  
Article 21. Prohibition of Indirect Exploitation of an Invention  
Article 22. Limitation of Effects of a Patent  
Article 23. Exhaustion of Rights   2 Article 24. Extent of Protection  
Article 25. Right of Prior User of Invention  
 
Section 4  
Patent Application and Patent a s an Object of Property  
Article 26. Transfer and Constitution of Rights  
Article 27. Real Rights  
Article 28. Compulsory License  
Article 29. Conditions Applicable to Compulsory Licenses  
Article 30. Acts Infring ing the Licensee’s Rights  
 
Chapter III  
PATENT AP PLICATION  
 
Section 1  
Filing of the Patent Application and Requirements to Be Met  
Article 31. Filing of a Patent Application  
Article 32. Language of Procedure  
Article 33. Requirements to Be Met by a Patent Application  
Article 34. Date of Filing  
Article 35. Unity of Invention  
Article 36. Disclosure of the Invention  
Article 37. Claims  
Article 38. Abstract  
 
 
Section 2  
Priority  
Article 39.  Priority Right  
Article 40.  Claiming Priority  
Article 41.  Correction or  Addition of a Priority Claim  
Article 42.  Re-establish ment of Priority Right  
 
  
Section 3  
Procedure for Patent Applications Filed Under the International Conventions  
Article 43. International Patent Application  
Article 44. Eurasian Patent Application  
Article 441. European Patent Application and Validated Euro pean Patent  
     Article 442. European Patent Validation Procedure  
     Article 443. Authentic Text of European Patent Applications or European Patents  
 
 
 
 
Chapter IV  
PROCEDURE UP TO GRANT OF A PATENT  
 
Section 1  
Examination up to Grant  of a Patent   3 Article 45. Patent Applications of Which Disclosure Can Prejudice the National 
Interests  
Article 46. Examination of the Patent Application  
Article 47. Formal Examination  
Article 48. Preliminary Examination  
Article 49. Publication of the Patent Application  
Article 50. Patent Search  
Article 51. Substantive Examination of the Patent Application  
Article 52. Examination of Conditions for Grant of a Short -Term Patent for Invention  
Article 53. Grant of Patent or Refusal of Patent Application  
Article 54. Conversion of Pate nt Application  
Article 55. Seeking Two Kinds of Protection  
Article 56. Withdrawal of Patent Application  
 
Section 2  
Opposition and Appeals Procedure  
Article 57.  Opposition  
Article 58. Appeal  
Article 59. Examination of the Appeal  
 
Chapter V  
PROCEDURE AFTER G RANT OF A PATENT  
 
Section 1  
Maintenance, Termination and Revocation of a Patent  
Article 60. Grant of Patent  
Article 61. Maintenance of Patent  
Article 62. Patent s Granted to Non -Entitled Person s 
Article 63. Effects of Change of the Patent Owner  
Article 64. Revocation of Patent  
Article 65. Procedure for Revocation of Patent  
Article 66. Surrender  of Patent  
Article 67. Limitation of Patent  
Article 68. Termination of Rights Conferred by a Patent   
 
Section 2  
Supplementary Protection Certificate  
Article 69.  Certi ficate  
Article 70.  Application  for Grant of a Certificate  
Article 71.  Conditions for Grant of a Certificate  
Article 72.  Revocation of a Certificate  
 
Chapter VI  
ENFORCEMENT OF RIGHTS  
Article 73.  Proceedings for Infringement of Rights  
Article 74.  Proceedings  for a Declaration of Non -Infringement of Rights  
Article 75.  Measures to Preserve Evidence up to Institution of Proceedings  
Article 76.  Preservation of Evidence in Urgent Cases  
Article 77.  Revocation of Measures to Preserve Evidence  
Article 78.  Presentatio n and Preservation of Evidence in the Proceedings for 
Infringement of    Rights  
Article 79.  Right to Information   4 Article 80.  Measures to Ensure the Proceedings for Infringement of Rights  
Article 81.  Corrective Measures  
Article 82.  Enforcement of a Court De cision  
Article 83.  Alternative Measures  
Article 84.  Damages  
Article 85.  Publication of Court Decisions  
 
Chapter VII  
COMMON PROVISIONS  
 
Section 1  
General provisions governing procedure  
Article 86.  Representation  
Article 87.  Amendments  
Article 88.  Ex Officio  Examination  
Article 89.  Observations by Third Parties  
Article 90.  Extension of Time Limits  
Article 91.  Continuation of Proceedings after Non -observance of the Time limit  
Article 92.  Re-establishment of Rights ( restitutio in integrum ) 
Article 93.  Fees 
Article 94.  Hearing of Litigation  
 
Section 2  
Information  
Article 95.  Registers  
Article 96.  Public Inspection  
 
Chapter VIII  
TRANSITIONAL AND FINAL  PROVISIONS  
Article 97.  Entry into Force and Applicability  
Article 98.  Implementation  of This Law    
 
 
 
      The Pa rliament hereby adopts this organic Law. 
 
This Law establishes  the neces sary framework for the application of the  Conven tion on 
the Grant  of European  Patent s (European Patent Convention) adopted in Mun ich on 5 
October 1973 with the subsequent amendment s as well as the Act of November 29, 2000  
revising it , adopt ed in Mun ich, Council Regula tion (EEC) No. 1768/92 of June 18, 1992 
Concerning the Creation of a Supplementary Protection Certificat e for Medicinal Products  
(publi shed in the Official  Journal of the  Europe an Union No. L 182 of 02.07.1992 ), 
Regula tion of the European Parliament and of the Council (EC) No. 1610/96 of July  23, 
1996 Concerning the Creation of a Supplementary Protection Certificate for 
Phytopharmaceutic al Products  (published  in the Official  Journal of the European Union 
No. L 198 of 08.08.1996 ), Directive of the European Parliament and of the Council 
98/44/ EC of July 6, 1998 on the L egal Protection of Biotechnological Inven tions 
(publi shed in the Official Journal of the European Union No. L 213 of 30.07.1998 ), 
Directive of the European Parliament and of the Council  2004/48/ EC of April 29, 2004 for 
the Enforcement of Intellectual Property Rights  (publi shed in the Official Journal of the 
European Union  No. L 157 of 30.04.2004 ).  5  
CHAPTER  I 
GENER AL PROVISIONS  
Article  1. Scope  
This Law lays down the rights  and obliga tions resulting from the creation, legal protec tion 
and use of inven tions. 
 
Article  2. Legal Framework  
(1) The rights in inven tions shall be  obtained and protected on the territory of the R epublic 
of Moldova via grant  of patent s by the State Agency on Intellectual Property , under  the 
condi tions specified in this  Law. 
(2) The rights resulting from:  
a) a Eurasian patent issued on the basis of a Eurasian application;  
b) a validated European patent  
shall be recognized and protected on the territory of the Republic of Moldova in 
accordance with this Law.   
(3) If the provisions of an international treaty to which the Republic of Moldova is party 
differ from those set out in this Law, the provisions of such inter national treaty shall 
prevail.  
 
Article  3. Basic Concepts  
For the purposes of this Law, the concepts as set forth below shall have the following 
meaning:  
Applicant  means a natural or legal person applying for the issuance  of a patent;  
Patent owner  means a natural or legal person to whom the right conferred by a patent 
belongs;  
European patent application  means an application for a European patent filed under           
the European Patent Convention, adopted in Munich on 5 October 1973, as well as an 
interna tional application filed under the Patent Cooperation Treaty for which the 
European Patent Office (hereinafter referred to as EPO ) acts as designated or elected 
Office and in which the Republic of Moldova is designated;  
 
International application  mean s an application  for the protec tion of an inven tion filed 
under  the Patent Cooperation Treaty; 
Eurasian application  mean s an application for the grant  of a Eurasian patent  filed until 
26 April 2012  under  the Eurasian Patent Conven tion, adopted in Moscow on 17 
February 1994 ; 
Patent means a patent for invention and a short -term patent for invention;  
Validated European patent  means a patent issued by the EPO under the European 
Patent Convention, adopted in Munich on 5 October 1973, on the basis of a European 
patent  application in respect of which validation in the Republic of Moldova has been 
requested;  
  6     Eurasian Patent  means a patent issued under the Eurasian Patent Convention, adopted    
in Moscow on 17 February 1994;  
 
     Validation of European patent  means the recognition, on request, of the effects of the   
European patent application and the European patent in the Republic of Moldova;  
 
PCT means  the Patent Cooperation Treaty  adopt ed in Washington on June 19, 1970,  as 
subsequently amended  and revised ; 
Euras ian Convention  means  the Eurasian Patent Convention  adopt ed in Mosco w on 
February 17, 1994;  
Paris Conven tion means  the Paris Convention for the Protection of Industrial Property 
adopted in Paris on  March 20, 1883,  as subsequently amended   
Validation Agree ment   means the Agreement between the Government of the Republic 
of Moldova and the European Patent Organization on Validation of European Patents , 
signed on 16 October 2013  
. 
  
Article  4. Forms of Protection of  Inven tions 
(1) Inven tions shall be  prote cted by the titles of protection granted  in accordance  with this  
Law, and by the Eurasian patent and the validated European patent  . 
(2) Inventions shall be  protected by the following titles  of protection : 
a) patent  for an  inven tion; 
b) short -term patent  for an invention ; 
c) supplementar y protec tion certificat e; 
d) Eurasian patent;  
e) validated European patent.  
(3) The provisions of this Law shall apply equally to the patent s for invention and the 
short -term patent s for inven tion, excep t for the provisions of Chapter  V Section  2 of 
this Law, which only apply to patents  for invention . 
 
Article  5. National  Office 
(1) The State Agency on Intellectual Property, hereinafter AGEPI , is the national office in 
the intellectual property protection field and is the sole authority that provides for the 
legal protection of inventions on the territory of the Republic of Moldova under this 
Law. 
(2) In accordance with  this Law, AGEPI shall have the following responsibilities : 
a) coordi nates the implementation of the inven tion protection policy in the Republic 
of Moldova;  
b) elaborates  draft legislative  and other regulatory  acts on the protec tion of  inven tions, 
approves instruc tions, standardized form s and other procedur al steps  necessary for 
the application of  this Law; 
c) regist ers and prosecutes  patent application s with the view  of granting and issuing , 
on behalf of the state, titl es of protection of inven tions; publish es patent  7 application s and patent specifications , carries out the procedures for validation of 
effects of the European patent applications and European  patents in the Republic of 
Moldova ; 
d) it is the depository of  the National Register  of Patent Applications , the National 
Register of Short -Term Patent Applications , the National Register of Patents and 
the National Register of Short-Term Patents ; 
e) edits the Official  Bulletin of Industrial Property  of the Republic of Moldova,  
hereinafter BOPI , and publishes therein data on patent  application s, patent s and 
supplementary protection certificates ; 
f) acts as  Receiving O ffice for the interna tional applications filed by the national  
applicants in accordance  with the provisions of the  PCT;  
f1) is the only national authority carrying out the search and drawing up  the search 
report  with a view to assess ing compliance with the criteria of patentability  in order 
to provide f or the legal protection of inventions ; 
g) maintain s and administ ers the National Collection of Patent s by means of  
acquisitions and exchanges of informa tion with interna tional organizations and 
foreign patent offices; 
h) participate s in the application of proof  maintenance  measure s in case any right s 
provided for herein are infringed ; 
i) performs  other functions provided for in this Law . 
(3) AGEPI shall represent the Republic of Moldova in the World Intellectual Property 
Organization, as well as in other international, intergovernmental  or interstate 
organizations for the protection of intellectual property and it shall maintain relations 
of multilateral and bilateral cooperation with them in the respective field. 
 
CHAPTER  II  
SUBSTANTIVE PATENT L AW 
 
Section  1  
Patent ability 
Article  6. Patent able Inventions  
(1) A patent  shall  be granted for any inven tion having as  subject a product  or a proce ss, in 
all fields of technolog y, provided that such invention is new, involves an inventive step  
and is susceptible of industrial applic ation . 
(2) The following shall not be regarded as  inventions within the meaning of paragraph  
(1): 
a) discoveries , scientific theorie s, ideas  and mathematic al methods ; 
b) aesthetic creations ; 
c) schemes , rules and methods for performing mental acts, playing games or doi ng 
business, and programs  for computers ; 
d) presentations of information .  8 (3) The p rovisions  of paragraph  (2) shall exclud e the  patent abilit y of the subject -matter or 
activiti es referred to there in only to the extent to which a patent  application  or patent  
relate s to such subject -matter or activities as such . 
(4) Inven tions in the field of biotechno logy shall be deemed patentable  if they concern : 
a) biological material which is isolated from its natural environment or produced by 
means of a technical process even if it p reviously occurred in nature ; 
b) plant s or animal s if the technical feasibility  of the  inven tion is not confin ed to a 
particular plant or animal  variety ; 
c) a microbiologic al process or  other  technical process , or a product  obtained by 
means of such a process ot her than  a plant  or animal variety ; 
d) an element isolated from the human body or otherwise produced by means of a 
technical process, including the sequence or partial sequence of a gene, even if the 
structure of that element is identical to that of a natural  element . 
 
Article  7. Excep tions to Patentability  
(1) Patents shall not be gran ted within the meaning of this L aw in respect of : 
a) inventions the publication or exploitation of which would be contrary to “ordre 
public”  or morality, including those harmful for  human, animal or plant life or 
health , and which are likely to cause  serious prejudice to the environment, provided 
that such exclusion  is not made  merely because the exploitation  is prohibited by a 
clause ; 
b) plant or animal varieties ; 
c) essentially biological p rocesses for the production of plants or animals; this 
provision shall  not apply to microbiological processes or the products thereof ; 
d) inven tions concerning the human body , at the various stages of its formation and 
development, and the simple discovery of  one of its elements, including the 
sequence or partial sequence of a gene ; 
(2) Patents shall not be granted within the meaning  of paragraph 1 (a) in respect of  
biotechnological inventions which, in particular, concern the following : 
a) processes for cloning human  beings ; 
b) processes for modifying the germ line genetic identity of human beings ; 
c) uses of human embryos for industrial or commercial purposes ; 
d) processes for modifying the genetic identity of animals which are likely to cause 
them suffering without any subst antial medical benefit to man or animal, and also 
animals resulting from such processes .  
 
Article  8. No velty  
(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 held to comprise everyt hing made available to the public 
by means of a written or oral description, by use, or in any other way, before the date of 
filing of the patent application or of the acknowledg ed priorit y.  9 (3) The state of the  art shall also be held to comprise  the content of patent application s as 
filed with the AGEPI  and of European patent applications for which the validation fee 
has been  paid, the dates of filing of which are  prior  to the date referred to in paragraph 
(2) and which w ere published on or after that date under Article 49.  
 
Article  9. Non-Prejudicial Disclosure  
(1) For the application of  Article  8, a disclosure of the invention shall not be taken into 
consideration if it occurred no earlier than 6 months preceding the filing date of the 
patent application and if it was due to , or in consequence of : 
a) an evident abuse in relation to  the applicant or his legal predecessor ; 
b) the fact that the applicant or his legal predecessor has displayed the invention at an 
international exhibition. An exhibition shall be considered as international if it is 
officially organized , if producers of more states participate therein and if the 
information about such exhibition has correspondingly been made available to 
public.  
(2) The p rovisions  of paragraph  1(b) shall apply only if the applic ant states, when filing 
the patent application, that the invention has been so displayed and files a supporting 
certificate within the time limit  and under the conditions laid down in the Implementing 
Regulations on patent application filing and examinatio n and patent granting procedure, 
hereinafter Regulations , approved by the Government . 
 
Article  10. Inventiv e Step 
(1) An invention shall be considered as involving an inventive step if, having regard to the 
state of the  art, it is not obvious to a person skill ed in the art. 
(2) If the prior  art also includes documents referred to in  Article  8 paragraph  (3), these 
documents shall  not be considered in deciding whether there has been an inventive 
step. 
 
Article  11. Industrial  Application  
(1) An invention shall be consider ed as susceptible of industrial application if it can be 
made  or used in any kind of industry, including agriculture . 
(2) The industrial ap plica tion of a sequence or a par tial sequence of a gene must  be 
disclosed  in the patent application . 
 
Article  12. Subject -Matter Protected  by a Short-Term Patent  for Inven tion 
(1) A short-term p atent  for inven tion shall  be granted for any invention which is new, 
involves an inventive step and is susceptible of industrial application . 
(2) An inven tion shall be considered as  involv ing an inventiv e step within  the meaning of 
paragraph  (1) if it does not directly result from the state of the art and gives a 
technical or practic al advantage . 
(3) Additionally to Article  7, short -term patent s for invention shall  not be granted in 
respect of  inventions concerning : 
a) biologic al material ;  10 b) chemical or pharmaceutical substan ces and proce sses for their preparation . 
 
Section  2  
Perso ns Entitled to Apply for and Obtain a Patent  
Article  13. Entitlement to F ile a Patent Application  
(1) Any natural  or legal pers on shall be entitled to apply for a patent  by filing a patent 
application with  the AGEPI.  
(2) A patent application  may be filed by multiple applicants . 
 
Article  14. Right  to a Patent  
(1) The right to a patent shall belong to the inventor or his successor in title . 
(2) If two or more persons have made an invention independently of each other, the right 
to a patent shall belong to the person whose patent application has the earliest date  of 
filing , provided that  this first application  has been published in accordance wit h Article  
49. 
 
Article  15. Employee Inven tions  
(1) If the inventor is an employee , in the abs ence of a contractual provision more 
advantageous for him, the right to the patent shall be regulated by the provisions of 
paragraphs (2) –(4) of this article . 
(2) The i nventions made by an employee  either in the exerci se of a labor contract , which 
provides for an  inventiv e mission, corresponding to his duties , or of some study or 
research  explicitly entrusted  to the employee , shall belong to the entity . In any of the 
above  situa tions the inventor shall be entitled to an additional remunera tion laid down 
in a contract.  In case of a research c ontract concluded between two  or more entities , in 
the absence of any provision to the contrary, the inven tions shall belong to the ent ity 
having order ed the research . 
(3) The inventions made in the circumstances other than those referred to  in paragraph  (2) 
shall belong to the employee . 
(4) By way of deroga tion from paragraph  (3), if the inven tion was made by an employee 
either in the accomplish ment of his duties , or in the activity field of the entity , or by 
virtue of knowledge and use of the employer’s equipment or  specific assets , or the 
data exist ing with in the entity , or with the material  assistance of the entity , the entity  
shall be entitle d to own the inven tion or to  benefi t, in whole or in part, from the right s 
conferred  by the patent  which prote cts the employee’s inven tion. In that case the 
inventor ’s remuneration shall be set out by  contract.  
(5) In the cases provided for in  paragraph s (2) and (4), the inventor and the entity  shall be 
mutually oblig ed to inform  each other in writing of the creation and the progress of 
implementation of an inven tion and to abstain  from any disclosure that could  
prejudice the exercise  of the rights of the other  party. A party who infringes  this 
obligation shall be required to pay damage s to the other party, including damages for  
loss of earnings , in accordance  with the applicable legislation . 
(6) If, in the cases referred to  in paragraph (2), within a period of 60 d ays from the date on 
which the employee has informed the entity in writing of the invention that has been  11 made, the entity has failed to file a patent application  or to transfer to another party its 
right to file such application or to require the employee  in writing to maintain the 
secrecy of the invention, the right to a patent shall belong to the employee.   
(7) In the cases provided for in paragraph  (4), where the  patent  belongs to the 
employee , the entity  shall enjoy a preferential  right to a nonexclusiv e license 
to explo it the inven tion. 
(8) Where  the entity  has obtained  a patent  for the inven tion made in accordance  with 
paragraph s (2) or (4), the employee shall enjoy a preferential  right to a free 
nonexclusive license to exploit the invention . 
(9) If the parties fail to reach agree ment  on the amount of the remuneration due to the 
employee or on the price of the license, the amount will  be determined by the  court s 
as a function  of the contribution made by each party to the creation of the invention 
and of its comme rcial value . 
(10) The p rocedur e of creation and utilization  of employee inven tions is established  in the 
Regula tions on industrial property  objects made in the accomplishment of duties 
approved by the Government . 
 
Article  16. Patent Application s Filed by Non-Entitled Person s  
(1) If prior to the granting by the AGEPI of the patent  it is adjudged by a final decision that 
a person other than the applicant is entitled to the grant of a patent , that person may, in 
accordance with Article 14 paragraph (1) and within a pe riod of three months after the 
decision has become final : 
a) prosecute the patent application as his own application in place of the applicant ; 
b) file a new patent application in respect of  the same invention ; in that case the 
AGEPI shall  consider the initial application withdrawn ; 
c) request that the patent application be refused . 
(2) The p rovisions of  Article  35, paragraph s (3) and (4), shall apply mutatis mutandis  to a 
new application filed under paragraph  (1) of this article . 
 
 
Article  17. Right of the Inventor  
(1) The natural person whose creative work has led to the invention shall  be deemed the 
inventor  (author of the invention) . 
(2) The right  to authorship of an invent ion shall constitute an  inalienabl e, indefeasible 
personal right  and shall enjoy protection without lim itation in time . 
(3) Where  an inven tion results from the work of more than one person , each such person  
shall be deemed a joint inventor  and the right  to authorship of the invention of the 
inventor shall belong to each of them . 
(4) A natural person  who has furnish ed to the inventor  technical, logistic  or material  
assistance in the creation of the inven tion or who has simply given help in preparing  the 
patent application , in obtaining the patent  or in explo iting and using the inven tion shall  
not be deemed  an invento r. 
(5) The i nvento r shall have the right  to be mentioned as such in the patent application, in 
the patent  and in the AGEPI publications in respect of  the application  or the patent .  12 (6) The inventor shall have the right to renounce the mention of his name in the pa tent 
application, in the patent and in the AGEPI publications in respect of the application or 
the patent, by filing a written request with the AGEPI.  
 
 
Section  3  
Effects of the Patent  and the Patent  Application  
Article  18. Term of the Patent  
(1) The term of a patent for invention shall be 20 years as from the date of filing of the 
patent application . 
(2) The term of a short -term patent  for inven tion shall be 6 years as from the date of filing 
of the short-term patent application . The patent owner  may file with th e AGEP I an 
application for the extension  of the time limit  for a period not exceed ing 4 years , 
provided that the patent owner request s the AGEPI to carry out a search  for the state of 
the art under Article  8 and draw up a search report accompanied by an op inion on 
patentability  relating to the inven tion which forms the su bject-matter  of the respective 
patent  on payment of the prescribed  fee, but not earlier than one year and not later than 
6 months prior to the expiration of the term of the short -term paten t. Where it is found 
that, taking into  account the search results, the patent and the invention which forms 
the subject -matter thereof : 
a) meet the requirements of this Law, a decision to extend the term of the patent shall 
be taken;  
b) do not meet the requireme nts of this Law, the request for extension of the term of 
the patent shall be rejected . 
(3) Supplementary protection may be obtained in respect of the medicines and 
phytopharmaceutical  products  which form the subject -matter of a  patent  for inven tion, 
under  the terms and condi tions laid down in  Chapter  V Section  2 hereof . 
 
Article  19. Right s Confer red by a Patent Application  after Publica tion 
(1) A patent application shall, from  the date of its publication and up to  grant of the patent , 
provisionally confer upon the  applicant the protection provided for  by Article  20 
paragraph  (2). 
(2) Any natural  or legal person  who explo its the inven tion during  the period referred to  in 
paragraph  (1) above  shall be required , after grant of a patent , to pay a reasonabl e 
monetary compens ation to the owner . The amount of such compensation  shall be 
determined  by agreement between  the parties , taking account of the good faith of the 
person who explo ited the invention , or by the court, where it cannot be determined by 
amicable arrangement . 
(3) The effects of the patent application  referred to  in paragraph  (1) shall be consider ed to 
be null and void when  the patent  application  has been  withdrawn  by the applicant and 
when  it has been withdrawn or refused in accordance with the provisions of this Law .  13  
Article  20. Right s Confer red by a Patent  
(1) A patent for invention, a short -term patent for invention, a Eurasian patent and  a 
validated European patent shall confer on its owner an exclusive right to exploit the 
invention for the entire term thereof .  
(2) The patent  shall confer on its owner , in accordance  with paragraph  (1), the right  to 
prevent  third parties  from performing,  without his authorization , on the territory of the 
Republic of Moldova,  the following acts: 
a) manufacture , offering for sale, selling, use, import ing or stocking  for the se 
purposes of the protected product ; 
b) the using of a proce ss which is the subject -matter of the patent  or, where the third 
party knows,  or it is obvious in  the circumstances , that the process cannot be used 
without the conse nt of the patent owner , offering of the proce ss for use ; 
c) offering for sale , selling , use, import ing or stocking  for such purposes of the 
product obtained direct ly by a proce ss which is the subject -matter of the patent . 
(3) Where there is more than one owner,  relations  concerning  the explo itation of the 
inven tion prote cted by the patent  shall be determined  by agreement between  the 
owners . In the absence of such agreement , each of the joint owners  shall enjoy the right  
to explo it the inven tion at his discretion a nd to take legal action for infringement of the  
exclusive right against  any person who explo its the inven tion without the authorization  
of all the joint owners ; on the other hand , he may not , without the agreement of  the 
other joint owners,  renounce the pa tent without notifying the other joint owners thereof, 
as well as conclude a licens ing contract  nor perform any act involving assignment of 
rights in the patent . 
 
Article  21. Prohibition of Indirect  Exploitation of an Inven tion 
(1) A patent  shall confer on its  owner , in addition to the right  confer red in accordance  with 
Article  20, the right  to prevent  third parties  not having his consent from  supply ing or 
offer ing to supply , on the territory of the Republic of Moldova , a person, other than a 
party entitled to explo it the patent ed invention , with means  relating to an essential 
element of that inven tion, for carrying out  the invention , when th e third party knows,  or 
it is obvious in  the circumstances , that those  means  are suitable  and intended  for 
carrying out  that invention . 
(2) The p rovisions of  paragraph  (1) above  shall not apply when  the supplied or offered 
means are staple commercial product s, excep t when  the supplier or of ferer deliberately 
incites  his client to commit  the acts prohibited by Article  20 paragraph  (2). 
(3) Person s performing acts referred to  in Article  22 paragraph  (1) letter a) and b) shall not 
be considere d to be  parties entitled to explo it the inven tion within the meaning of 
paragraph  (1) above . 
 
Article  22. Limita tion of Effects of a Patent  
(1) The r ights confer red by a patent  shall not extend to: 
a) acts done  privat ely on a non -commercial scale ; 
b) acts done  for experiment al purposes relating to the subject -matter of the patent ed 
invention ;  14 c) extemporaneous prepar ation for individual cases, in a pharmac y, of a medic ine in 
accordance with  a medical  prescription  or acts concerning  the medic ine so 
prepar ed; 
d) use of the subject -matter of a patented inven tion on board of any foreign vessel  of a 
State party to the international conventions in the field of inventions t o which the 
Republic of Moldova is also party which temporar ily or  accidental ly enters the 
waters of the Republic of Moldova, provided that the inven tion is used exclusiv ely 
for the needs of the vessel ; 
e) use of the subject -matter of the patented invention in the construction  or opera tion 
of foreign aircraft or land vehicle or other means of transport  of a State party to the 
international conventions in the field of inventions to which the Republic of 
Moldova is also party , or in the manufacture of spare part s for such  vehicle s when  
such means of transport temporarily or accidentally enter the territory of the 
Republic of Moldova ; 
f) acts done for the purpose of ensuring state security . 
(2) The use  referred to  in paragraph  (1) above  shall be allowed, provided that it  does not 
unreasonably conflict with  a normal use of the patented  inven tion and does not 
unreasonably prejudice the legitimate  interes ts of the patent  owner , taking  account of 
the legitimate  interes ts of third parties . In the contrar y case , the patent owne r is entitled 
to an adequate compensation for the injury suffered because  of the unauthorized 
exploitation of the inven tion. 
 
Article  23. E xhaustion  of Rights 
(1) The r ights confer red by a patent  shall not extend to acts concerning  the patented 
product  insofar  as such acts are performed on the territory of the Republic of Moldova , 
after that product has been so put on  the market  in the Republic of Moldova by the 
patent owner  or with his expres s consent . 
(2) The p rotec tion referred to  in Article  24 paragraph s (5) - (7) shall not extend to 
biological material obtained by propagation or multiplication of a biological material 
put on the market or offered for sale o n the territory of the Republic of Moldova by the 
patent owner or with his consent, whe n the multiplicatio n or propagation necessarily 
results from the use for which the biological material has been so put on the market, 
provided that the material obtained is not subsequently used for other propagation or 
multiplication . 
(3) By way of derogation from Article  24 paragraph s (5) – (7), the sale or other form of 
commercializa tion of the  plant propagating material to a farmer by the owner  of the 
patent or with his consent for agricultural use implies authori zation for the farmer to 
use the product of his harvest for pro pagation or multiplication by him on his own 
farm . 
(4) By way of derogation from Article  24 paragraph s (5) – (7), the sale or other form of 
commercialization  of breeding stock or other animal reproductive material to a farmer 
by the owner  of the patent or with  his consent implies authori zation for the farmer to 
use the protected livestock for an agricultural purpose, with the exception of breeding 
holdings ; this includes making the animal or other animal reproductive material 
available for the purposes of pursu ing his agricultural activity .  15  
Article  24.  Extent  of Protec tion 
(1) The extent  of the protec tion confer red by a patent  or a patent application  shall be 
determin ed by the terms of the claim s. The descri ption  and drawings  shall be used  to 
interpret the claim s. 
(2) For the period up to grant of the patent  for inven tion, the extent  of the protec tion 
confer red by a patent application shall be determined by the claim s contained in the 
application  as publi shed under  Article  49. 
(3) The p atent  as granted or as amended in opposition, limitation or revocation  
proce edings shall determin e retroactiv ely the protec tion confer red by the patent 
application , in so far as such protec tion is not thereby extended . 
(4) The protection conferred by a patent on a proce ss which is the su bject-matter of the 
patent  shall extend to any product  directly obtained by the patented  proce ss. 
(5) The protection conferred by a patent on a biologic al material possessing specific 
characteristics as a result of the invention shall extend to any biological material 
derived from that biological material through propagation or multiplication in an 
identical or divergent form and possessing those same characteristics . 
(6) The protection conferred by a patent on a process that enables a biological material to 
be produced pos sessing specific characteristics as a result of the invention shall extend 
to the biological material directly obtained by that process and to any other biological 
material derived from the biological material obtained directly through propagation or 
multi plication in an identical or divergent form and possessing those same 
characteristics . 
(7) The protection conferred by a patent on a product containing or consisting of genetic 
information shall extend to any other  material in which the product i s incorporated  and 
in which the genetic information is contained and performs its function , excep t for the  
human  body , in different formation and development stages, and to the element s 
thereof . 
 
Article  25. Right of Prior User of Inven tion 
(1) Any person  who in good faith,  before the filing date, or, where priority is claimed, the 
priority date of the application on which the patent is granted and within the territory of 
the Republic of  Moldova was using the invention or was making effective and serious 
preparations for su ch use , shall be personal ly entitled , for the purposes of his enterprise 
or business,  to continue such use or to use the inven tion within the limit s and/or scope 
envisaged in  such preparation s, without having to pay a royalty and on condition that 
he does not extend its scope.  
(2) The right of prior user referred to  in paragraph  (1) may only be transferred during the 
user’s lifetime or by hereditary  or testamentary succession  together  with his enterprise 
or business,  or with that part of his enterprise or business in which the use or 
preparations for use have been made .  16  
Section  4  
Patent Application  and Patent  as an Object of Property 
Article  26. Trans fer and Constitu tion of Rights 
(1) A patent a pplication  and a patent  may be trans ferred or give rise to  any rights . 
(2) The r ight to a patent , the right  to grant of a patent  and the right s deriving from  a patent  
application  or a patent  may be trans ferred in  whole  or in part. 
(3) Rights may be  transferred under an assignment  contract, contract on  exclusive or 
nonexclusive lice nse, or by hereditary or testamentary succession . 
(4) A patent a pplication  or a patent  possessed by a business may be trans ferred  
independent ly of the transfer of business . 
(5) The t ransfer of a business in its totalit y shall imply the trans fer of a patent  applica tion 
and/or patent  excep t where the applicable  legisla tion provides  otherwise  or where it is 
obvious from the circumstan ces. This provision shall apply to the contractual 
obligation concerning  the trans fer of a business . 
(6) Under  a licens ing contract , the pat ent owner  (licen sor) shall afford to any other person 
(licensee) the right  to exploit  a patent application  or a patent , maintaining  his right of 
property  in it. Where there is more than one licensee for a patent application or a 
patent, the licenses may be  solely none xclusive or limited exclus ive. The license 
contract  may contain provisions concerning  the payment of royalty by the  licen see. 
(7) Any provisions containing exclusive grantback conditions, conditions containing 
challenges to validity and coercive pa ckage licensing as well as any other conditions 
limiting fair competition based on professional principles shall not be included in 
license contracts.  
(8) Any t ransfer of rights under an assignment or license contract  must  be in writing and 
signed by the contracting parties  excep t where the trans fer is adjudicated by a court 
decision ; otherwise the transfer shall not be registered with the AGEPI . 
(9) Without prejudice to the cases referred to in  Article  16 or Article  63 paragraph  (1), the 
trans fer of right s shall not affect the right s obtained by any third party prior to the da te 
of transfer . 
(10) Any trans fer or change made by the applicant or patent owner  in a patent application  
or a patent  shall be entered , on request  of any of the parties , in the National Register  
of Patent Application s or the National Register of Patents and publi shed in BOPI . 
(11) Any trans fer of right s in a patent application  or a patent  shall solely have effect for 
third part ies as from  the date of publication in BOPI of the  notice o f trans fer regist ered 
with the  AGEPI.  
 
Article  27. Real Rights 
(1) A patent  may, independent ly of the proprietor  business , be pledge d or become a 
subject-matter of any other real  right . 
(2) The pledge on patents  shall be recorded in the Register  of security interests  under  the 
Law on Pledge . Other patent rights  are registered in  the National Register of  Patents of 
Inventions at the request of one of the parties, and become  opposable to third parties  
from the registration date,  and data on these rights  shall be published in  BOPI.   17 [Art. 27 (2) in the wording of the Law no.173 of 25.07.14]  
 
Article  28. Compulsory License 
(1) If after the expiration of a period of 4 years from the day of filing of the patent 
application  or 3 years from the grant  of the patent , whichever is later, the patent owner  
has not exploited  the patent  in the territory of the Republic of Moldova or if he has  not 
undertaken  serio us and effective preparations for  such purpose , the courts may grant a 
compulsory license, on request, to any interested person, unless the pate nt owner 
justifies the lack or insufficiency of exploitation.  No distinction shall be made between 
the domestic products or imported products for the purposes of establishing the fact of 
the lack of exploitation or insufficient exploitation of the patent . 
(2) A compulsory  license shall  be granted  solely where  the proposed user  has made efforts  
to obtain  authorization  from the patent owner  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 cases referred to  in paragraph  (3) below . 
In such cases,  the patent owner  shall be notified as soon as reasonabl e practicable . 
(3) A compulsory  license may be granted in the case of  national emergency  or other  
circums tances of extreme urgency or in cases of public non-commercial  use. 
(4) In the case of semiconductor techno logy, a compulsory  license may only be granted for 
public non -commercial  use or to remed y a practic e, determined after judicial or 
administrative process  to be anti -competitive.  
(5) A compulsory  license may be granted  to a patent  owner  or an owner  of a plant variety 
patent who  cannot exploit  his inven tion or protected plant variety  (the second  patent ) 
without infringing another  patent (the first patent ), provi ded the inven tion or plant  
variety  claimed  in the second  patent  shall involve  an important  technical advance  of 
considerable  economic significance  in relation to  the inven tion claimed in the first 
patent . The court shall have the authority to review  the existen ce of these  
circumstances . In the case of a compulsory  license in respect  of a patent  for an 
inven tion or a patent  for a plant  variety, the owner  of the first patent  shall  be entitled to 
a cross -licen se on reasonable terms to use the patented inven tion or the protected plant  
variety . 
(6) The respective methods and procedures for the implementation of principl es contained 
in this articl e are laid down in the Regulations . 
 
Article  29. Conditions  Applicable to Compulsory  Licenses  
(1) At the time of grant  of a compulso ry licen se to exploit the patent  under Article  28 
above , the court shall specify the types of use covered by such licen se and the terms 
and condi tions to be observed . The following conditions shall apply :  
a) the scope and durat ion of such use shall be  limite d to the purpose for which it was 
authorized; 
b) such use shall be non-exclusiv e; 
c) such use shall be non -assign able, excep t with that part of the enterprise  or goodwill  
which enjoy s such use ; 
d) any s uch use shall be authorized predominantly  for the supply o f the domestic 
market , excep t where such use is permitted  to remed y a practic e determined after 
judicial or administrative process to be anti -competitive ;  18 e) a court may authori ze, upon motivated request, that authoriza tion for such use shall 
be liable, subje ct to adequate protection of the legitimate interests of the persons so 
authorized, to be terminated if and when  the circumstances  which led to it cease to 
exist and are unlikely to recur The judicial authority shall have the authority  to 
refuse terminatio n of authorization  if and where the circumstan ces which led to 
such authoriza tion are likely to recur ; 
f) the license holder  shall pay the patent owner  an adequate remunera tion, taking  into 
account the economic value of the authoriza tion and, eventual ly, the need to 
remed y an anti-competitive practice ; 
g) in case of a compulsory  licen se for a dependent patent  or a plant variety patent , the 
use authorized in respect of  the first patent  shall be non-assignable , excep t with the 
assignment of  the second  patent . 
(2) The legal validity  of any decision relating to  the authorization of  use referred to  in 
paragraph  (1) and any other decision relating to  the remunera tion provided for in 
respect of  such use shall  be subject to judicial  review or other independent review by a 
higher autho rity. 
(3) The holder of the license shall notify the AGEPI the  decision of the judicial authority 
to grant or, where appropriate , to terminate  a compulsory licen se. The Agency shall 
enter the court decision  in the National Register of Patents and publ ish it in BOPI . 
(4) If the holder of a compulsory licen se has not undertaken any  effective and serious 
preparation for exploit ing the invention with in one year following  grant of the  license , 
the compulsory licen se may be cancelled by the decision of the court . In any event, a  
compulsory licen se shall terminate if its holder has not begun  exploit ation of  the 
inven tion within 2 years following  the date on which the license was granted to him . 
 
Article  30. Ac ts Infring ing the Licensee’s Rights  
(1) Without prejudic e to the provisions of the licen se contract , the licen see may only 
institute proceedings  for infringement of his right s in relation to  a patent application  or 
patent  with the consent of the applicant or owner . 
(2) The b eneficiar y of an exclusive or compulsory lic ense may only institute proceedings 
for infringement of rights where the patent owner  notifi ed formal ly fails to take such 
action  in his own name within 2 months . 
 
CHAPTER  III  
PATENT APPLICATION  
 
Section  1  
Filing  of the Patent  Application  and Requirement s to Be Met 
Article  31. Filing  of an Application  
(1) A patent application  shall  be filed with the  AGEPI , directly or  by other means  
provided for in the Regulations, by the person entitled  under  Article  14 paragraph  (1). 
(2) Inven tions made  in the Republic of Moldo va may only be patented abroad after the 
date of filing  a patent application  with the  AGEPI.   19  
Article  32. Language of Procedure  
(1) A patent a pplication  shall be filed with the  AGEPI in the Moldov an language . 
(2) With the exception of documents referred to in Arti cle 33 paragraph (1) letter a) and 
Article 34 paragraph (1) letters a) and b), the application documents may  be filed in 
any other language . 
(3) If the application documents are filed in another  language , the applicant  shall be 
oblig ed to submit  a properly cer tified translation into the Moldov an language within 3 
months  following  the filing date of the patent application . 
(4) The M oldov an language shall be used in all procedures  before  the AGEPI relating to 
the application  or the patent  granted as a result of such application . 
 
Article  33. Requirements  to Be Met by a  Patent Application   
A patent a pplication  shall  contain : 
a) a request for the  issuance  of a patent ; 
b) a descri ption of the inven tion; 
c) one or more  claims ; 
d) any drawings  referred to in the descri ption or the cla ims; 
e) an abstract . 
 
 
(2) The patent application shall be subject to  the payment of the filing  fee. 
(3) The patent application shall  satisfy  the requirements  laid down  in the Regulation s. 
(4) If the inven tion concerns  reproduc ible biological material, the patent applica tion may 
contain, where appropriate , an attestation  certifying  the depo sit of that bio logical 
material with a depositary institut ion, in accordance with Article 36 p aragraph  (2), 
submitted at the time of filing of the patent application or within 3 months following 
the filing date of  the latter . 
(5) In the case of applicant’s representation in accordance with Article 86 paragraph s (2) 
and (3), to the patent application shall be attached a power of attorney, submitted at the 
time of filing of the patent applicat ion or within 3 months following the filing date 
there of .  
(6)  The patent application shall  contain the mention  of the inventor and indications 
allowing  his identity to be establi shed. 
(7) If the  applicant  is not the inventor or is one of multiple  inventor s, the application  shall  
contain the applicant’s declara tion by which he identifies the inventor s and indic ates 
the origin of the right  to patent . 
(8) The application  complying with the requirements referred t o in paragraph s (1)-(3) 
above  and, where appropriate , in Article 32 paragraph  (3), shall constitu te a regular  
national application .  20 (9) The d ocument s referred to  in paragraph  (1) letters  a)  and c) and the proof of payment 
of the prescribed fee referred to in  paragraph  (2) above  shall be submitted at the time of 
filing of the patent  application  or within 2 months following  the filing date of the latter . 
(10) Where the description of the invention is replaced with a reference to a n earlier  
application in accordance with  Article 34 paragraph (1) letter c) , the applicant  shall, for 
the purpose of establishing the filing date, submit to  the AGEPI, within 4 months 
following  the filing date of the patent application  containing such refere nce, a certifi ed 
copy of the  earlier registered application  and, where appropriate , its translation . If the 
earlier  application  has been  submitted by a person other than the  applicant , a document 
shall  be attached  confirm ing the applicant’s entitlement  to file the application . 
 
Article  34. Date of Filing  
(1) The filing date of a patent  application  shall be the day on which the document s filed 
with the  AGEPI by the applicant  contain at least : 
a) an indica tion that the  grant ing of a patent  is sought ; 
b) indica tions allowing  the identi ty or contact of the applicant  to be established ; 
c) a part which on the face o f it appears to be  a descri ption of the inven tion or a 
refere nce to an earlier filed application . 
(2) The r efere nce to an earlier filed application  shall be deemed to replace the descri ption  
and, where appropriate , the drawings , if it contains  the filing date and the number of the 
earlier  application  as well as the name of the office with which  that application  has 
been  registered . 
(3) If the initially filed application does not comply with one or several  of the requirements 
referred to  in paragraph  (1) and, where appropriate , in paragraph  (2), the filing date 
shall be the day on which it is brought subsequently in compliance with all those 
requirements . The requirements to be fulfilled subsequently are provided for in the 
Regulation s. 
(4) If one or several of the requi rements referred to in paragraph (1) have not been fulfilled 
within the term provided for in the Regulations, t he application shall be treated as if it 
had not been filed. 
(5) If at the time of establishing the filing date the AGEPI reveals  that a part of the 
description or a drawing  referred to in the description appear to be missing , it shall 
invite the applicant to file the missing part within the term established  in the 
Regulation s. 
(6) If the missing p art is filed with the AGEPI within the established term, the filing date 
of the application  shall be the da te of receipt of the respectiv e part or the date on which 
all requirements specified in paragraph  (1) were fulfilled , whichever is later . 
(7) If the missing part of the descri ption in an application  claiming priority in respect of a n 
earlier application  is inclu ded in the earlier  application , the filing date may be 
establi shed, upon the applicant’s request , on the date of receipt by the  AGEPI of the 
document s referre d to in  paragraph  (1) above , subject to the comp liance with the 
requirements provided for in the Regulation s. 
(8) In the event of an international  application, the filing date shall be the date resulting 
from the international treaties to which the Republic of Moldova is party.   21  
Article  35. Unit y of Inven tion 
(1) A patent application shall relate to one invention only or to a group of inventions so 
linked as to form a single general inventive concept . 
(2) If the  patent application as filed does not meet  the requirement  refer red to in paragraph  
(1) above , the applica nt may divide  it, on his own initiative or at the  request of the 
AGEPI, by filing  a divisional  application , prior to a decision on the patent  application . 
(3) The divisional  application may be filed only for the element s which do not go beyond 
the disclosure  of the initial application  as filed. 
(4) The d ivisional  applications complying with  the requirements of paragraph  (3) shall be 
deemed filed on the filing date of the initial application  and shall benefi t from its 
priority  right s. 
(5) The p rocedur e of application of  the provisions of paragraph  (2), the special 
requirements to be fulfilled by the divisional  application  and the term of payment of 
the fees are provided for in the Regulation s. 
 
Article  36. D isclosure of the Inven tion 
(1) The patent application shall  disclose  the invention in a manner sufficiently 
scientifically and technically clear, complete and correct  for it to be carried out by a 
person skilled in the art . 
(2) Where the invention refers to  biologically reproduc ible material which is not available 
to the publi c, the condi tions referred to in  paragraph  (1) s hall only be fulfilled if the 
applicant  proves with a document that , prior to the filing date of the patent  application  
or the acknowledged priorit y, the biological material has been deposited with an 
interna tional depositary authority or a depositary institution  designated  by the 
Government . 
  
Article  37. Claims  
(1) The claims shall define the matter for which protection is sought  by the technical 
features of  the invention  ; 
(2) The claims  shall be clear and concise and shall be supported by the description of the 
invention . 
(3) The claims shall define the scope of the legal protection conferred by the patent 
through the totality of technical features of the invention included in the independent 
claim. In determining the scope of legal protection, it shall be taken into account any 
feature equivalent with a feature specified in the claims, known prior to the filing date 
or, where priority is claimed, the priority date .  
(4)  The description and drawings shall only be used to  interpret the claims.  
(5) The limited or extensive interpretation of claims shall be excluded (using the 
description and drawings for the purpose of identifying the general inventive concept). 
If the patent application contains examples of embodiment of inventi on or examples of 
the functions and results of the invention, the claims shall not be interpreted as limited 
to those examples. The merely fact that the product or the process includes additional 
elements missing in the examples disclosed in the patent app lication and the absence in 
the examples of the elements not contributing to the obtaining of the result or not  22 possessing declared or inherent  advantages  shall not lead to the exclusion of the 
product or the process from the scope of legal protection defi ned by the claims of the 
invention.  
 
Article  38. Abstract  
The abstract shall serve the purpose  of technical information  only.  It may not be taken into 
account for any other purpose, in particular for interpreting the scope of the protection 
sought or apply ing Article  8, paragraph  (3). 
 
Section  2  
Priorit y 
Article  39. Right of Priority  
(1) A person who has duly filed in or for any State party to the Paris Convention for the 
Protection of Industrial Property or any Member of the World Trade Organization an 
appli cation for a patent , a utility model , a utility certificate or an inventor's certificate, 
or his successor in title, shall enjoy, for the purpose of filing a patent application in 
respect of  the same invention, a right of priority during a period of  twelve  months from  
the date of filing of the first application ; the day of filing shall not be included in the 
period . 
(2) Every  filing that is equivalent to a regular national filing under the national law of the 
State where it was made or under bilateral or multil ateral agreements or regional 
conventions, shall be recognised as giving rise to a right of priority . 
(3) The right  of priority may be transferred under an assignment contract. Assignment of a 
priority right shall be in writing, the assignor  loses  his right of  priority for the first 
application.  
 
Article  40. Claiming  Priorit y 
(1) An applicant desiring to take advantage of the priority of a previous  application shall 
file a declaration of priority, a copy of the previous  application and, where 
appropriate , a transl ation thereof  in the Moldov an language , as well as he shall pay the 
prescribed fee for each priority claimed . 
(2) Multiple priorities may be claimed in respect of a patent application, notwithstanding 
the fact that  they originate in different countries. Where appropriate, multiple 
priorities may be claimed for any one  claim. Where multiple priorities are claimed, 
time limit s shall run from the earliest date of priority . 
(3) If one or more priorities are claimed in respect of a patent application, the right of 
prior ity shall cover only those elements of the patent application that are included in 
the application or applications whose priority is claimed . 
(4) If certain elements of the invention for which priority is claimed do not appear among  
the claims formulated in th e previous  application, priority may nonetheless be granted, 
provided that the documents of the previous  application as a whole specifically 
disclose such elements . 
(5) Priorit y claimed  in a patent application  as a consequence of exhibiting  the inven tion in 
an exhibition  in accordance  with Article  9 paragraph  (1) letter b), organiz ed in a State  23 party to the Paris Convention or a Member of the World Trade Organization , may be 
acknowledged from the date of its introduction  into the exhibition . 
(6) The p rovisions of  paragraph  (5) s hall apply only if  the patent application  has been  
filed with in 6 months following  the date of introduction  of the inven tion into the 
exhibition . The 6 -month t erm shall not extend the term of priority referred to  in 
Article  39 paragraph  (1). 
(7) The a pplicant  or his succes sor in title shall be entitled to claim priority of an earlier 
application i n a subsequent  application  filed with the AGEPI in respect of the same 
inven tion, if the priority is claimed with in 12 months following  the filing date of the 
earlier  application  (internal priorit y). In such case, t he earlier  application  shall be 
deemed  withdrawn . 
(8) Priorit y shall  be claimed when  filing the application  or within 2 months from the 
filing date of the patent  application , on payment within the s aid time limit of the 
prescribed fee for each priority claimed , and shall be justified  by a priority document.  
(9) The d ocument justifying  the priority claim under  Article  39 paragraph  (1), the copy of 
the earlier  application , certifi ed by the authority with w hich that application  was filed  
and, where appropriate , its translation  shall be filed by the applicant  within 16 months 
following  the filing date of the earlier  application  or, where more than one  earlier  
application  exist , the earliest filing date of the  respective application s. 
(10) The document justifying  the priority  claim  under  paragraph  (5) above , the certificat e 
issued by the authorities - organizers of the relevant exhibition , shall be filed by the 
applicant  together with the patent application  or within 3 months  following  the date of 
filing. 
(11) Where the applicant claims a right of priority belonging to another person, a legal act  
is necessary , for the purpose of acknowledging the priority, to be filed with the 
AGEPI confirming the transfer or an authoriza tion on behalf of the assignor, 
indicating the legal grounds of his entitlement to claim the priority of the first filing, 
which  is filed at the time of priority claiming or within 16 months following the 
priority date of the first application.   
(12) Non-compli ance with the terms laid down in paragraph s (8) - (11) , as well as 
nonpayment of the fee for claiming priority shall result in  the refusal to acknowledge 
the claimed priorit y. 
 
Article  41. Correction or Addition  of a Priorit y Claim  
(1) An applicant  may correct or add a priorit y claim in respect of the patent application  by 
a notice submitted within a time limit of 16 months from the priorit y date  or, where  the 
correction or addition  would cause a  change in the priority  date, 16 months from the 
priority date  as so changed , which ever 16-month period expir es first, provided that the 
notice  for correction or addition is filed with the AGEPI within 4 months  from the 
filing date of the patent  application . 
(2) Filing of the notice  under  paragraph  (1) shall be subject to t he payment of a prescribed  
fee. If the fee is not paid , the notice  shall be consider ed not to have been filed. 
(3) If the  notice  referre d to in  paragraph  (1) is submitted  after the applicant  has made a 
request for early publica tion of the application  under  Article 49 paragraph  (2), it shall 
be consider ed not to have been submitted , unless that request  is withdrawn before  the 
technical preparat ions for publica tion have been completed .  24 (4) Where  the correction or addition of a priorit y claim causes a  change in the priority 
date, any time limit which is  computed  from the previously applicable priority date and 
which has not already  expir ed shall be computed  from the priorit y date as so changed . 
 
Article  42. Re-establishment  of Priorit y Right 
(1) Where the priorit y of an ea rlier application is claimed in a subsequent patent 
application  which was filed after the expiration  of the time limit  referred to  in Article  
39 paragraph  (1), but no later than 2 months after the expir ation  of that time limit , 
AGEPI may re -establish  the priorit y right, if at the time of filing the application the 
applicant submits a request , which confirms that the due diligen ce required by the 
circumstan ces was exerci sed or that non -compliance with the time limit  was 
uninten tional. 
(2) The request for  re-establish ment  of right s referre d to in paragraph  (1) above  shall b e 
filed within 2 months of expir y of the priorit y time limit  referred to  in Article  39 
paragraph  (1), but no later than the completion of the technical preparations for 
publication of the respec tive application under Article 49 . 
(3) The request for  re-establish ment  of rights shall be accompanied by the evidence of 
payment of the prescribed  fee; otherwise the request  shall be consider ed not to have 
been filed. 
(4) If the copy of the earlier  application  has not been submitted  to the AGEPI within the 
time limit  referred to  in Article  40 paragraph  (9), the AGEPI may re-establish  the 
priorit y right where the following conditions are fulfilled cumulativ ely: 
a) the applicant  has made  a request in that matter  with t he AGEPI before  the 
expir ation  of the time limit  specified in Article  40 paragraph  (9); 
b) the applicant  has submitted to  the AGEPI a confirma tion of the request made with  
the office which regist ered the earlier  application , certif ying that the copy of the 
earlier application  was requested within a period not exceeding 14 months 
following  the filing date of such earlier  application ; 
c) the certifi ed copy of the earlier  application  was submitted  to the AGEPI within one 
month from the date on which  the office with which was registered the earlier  
application  issued the respective copy to the applicant . 
 
Section 3   
Procedure for Applications Filed Under the International Conventions  
Article  43. International Patent Application  
(1) Where a n applicant for an international  application wishes to obtain a patent in the 
Republic of Moldova, he shall file with the AGEPI, within a time limit of 31 months 
following the international filing date or  the priority date:  
a)  an application containing the explicit or implicit request f or opening the national  
phase;  
b) a copy of the international application and a translation in the state language o f the  
international application,  certified  accordingly ; 
c) the proof of payment of the prescribed fee .  25 (2) Where the requirements of paragraph (1 ) are not satisfied or if the translation of the  
international application documents is not filed with the AGEPI within 3 months 
following the date of entry into  the national phase and the proof of payment of the fee 
is not filed within 2  months following the opening date of the national phase, the 
international application shall be refuse d.  
(3) International publication of a n international application shall produce effects to the 
provisional legal protection referred to in Article 19 following the publication  date of 
the international application translation in the Moldovan  language.   
 
Article  44. Eurasian Patent Application  
(1) The same invention disclosed in a Eurasian patent and, respectively, in a national 
patent, originating from the same applicant, having th e same filing date or, where a 
priority is claimed, the same priority date, cannot be protected simultaneously by both 
patents. The patent granted by the AGEPI shall cease to produce effects after the grant 
of the Eurasian patent from the date of expiratio n of the time limit for filing of an 
opposition in respect of that Eurasian patent or, where an opposition is formulated, the 
date on which following the examination of the opposition a decision to maintain the 
Eurasian patent has been taken.  
(2) The provision s of paragraph (2) shall not apply where the owner of the Eurasian patent 
renounces it on the territory of the Republic of Moldova under Rule 55 of the 
Implementing Guidelines  of the Eurasian Convention or the rights conferred by the 
Eurasian patent ceased  to be effective  on the territory of the Republic of Moldova by 
non-payment of applicable maintenance fees under Rule 56 of the Implementing 
Guidelines of the Eurasian Convention.    
Article 441. European Patent Application and Validated European Patent  
(1)  A European patent application and a validated European pat ent shall, subject to the 
provisions of Article s 441–443, have the same effect s and be subject  to the same 
conditions as a national patent application or a national patent in accordance with this 
Law.  
(2) A European patent application which has been accorded a filing date shall be  
equivalent to a regular national patent application, benefiting, where appropriate, from 
the priority claimed for the European patent application, whatever its outcome may be . 
(3) A published European patent application shall provisionally confer the same  protection 
as is conferred by a published national patent application, in accordance with  this Law, 
as from the date on which a translation of the claims of the published European pa tent 
application into the state language has been made available to the public by the AGEPI,  
following the payment of the prescribed publication fee . 
(4) A validated European patent shall confer as from the date of publication of the  mention 
of the issuance of the patent by the EPO the same rights as would be conferred by a  
national patent in accordance with  this Law.  
(5) A European patent application for which the validation fee has been paid and a  
validated European patent shall have , with regard to a national patent application and a 
national  patent , the same prior -art effect as a national patent application and a national 
patent in accordance with  this Law.  
(6) A national patent application and a national patent shall have , with regard to a  
validated European pate nt, the same prior -art effect as they have with regard to a 
national patent.   26 (7) A European patent application shall be deemed not to have had ab initio  the effects 
referred to in paragraph (3) where the request for validation is withdrawn or deemed  
withdrawn.  
(8) A validated European patent and the European patent application on which it is  based 
shall be deemed not to have had ab initio  the effects specified in paragraph s (3) and (4) 
to the extent that the patent has been revoked in opposition or revocation proce edings 
or limited in  limitation proceedings before the EPO.  
(9) A European patent application for which the validation fee has been paid may be  
converted into a national patent application by submitting to the AGEPI a request for 
conversion,  which will contain  the request for the grant of a patent, a copy of the 
European patent  application, a translation into the state language of the European patent 
application, certified  accordingly, and the proof of payment of the prescribed fee, 
within 3 months following th e date  on which the European patent application has been 
refused, withdrawn or deemed withdrawn. If  the translation of the European patent 
application is not filed with the AGEPI or the prescribed  fee is not paid at the date of 
filing of the request for co nversion or within 3 months of that date,  the request for 
conversion shall be deemed withdrawn . 
 
Article 442. European Patent Validation Procedure  
(1) A European patent application and a European patent issued on such application  shall 
be validated in the Repu blic of Moldova where the request for validation is mentioned 
by the applicant in the European patent application. The request for validation shall be 
deemed to be  filed with any European patent application filed with the EPO on or after 
the date on which the validation  agreement  enters into force . 
(2) AGEPI shall publish any request for validation and enter it in the National  Register of 
Patent Applications after it has been informed by the EPO that the prescribed  validation 
fee has been paid, but not before t he expiry of a time limit o f 18 months from the filing  
date or, if priority has been claimed, the earliest priority date . 
(3) The request for validation may be withdrawn at any time. It shall be deemed  withdrawn 
where the prescribed validation fee has not been  paid in time or where the European  
patent application has been finally refused, withdrawn or deemed withdrawn. AGEPI 
shall  publish such information if the request for validation has already been published 
by it in  accordance with paragraph (2). The manner  of publication and the content of 
the information  published under paragraph s (2) and (3) shall be specified in the 
Regulations.  
(4) The validation fee under paragraph (2) shall be paid to the EPO within 6 months  from 
the date on which the European Patent Bull etin mentions the publication of the 
European  search report or, where applicable, within the period for performing the acts 
required for entry  into the European phase of an international application, for which the 
EPO acts as designated or  elected Office a nd in which the Republic of Moldova is 
designated.  The validation fee payable  under the rules governing the payment of fees in 
the EPO shall not be refunded.  
(5) The validation fee may still be validly paid within 2 months of expiry of the  relevant 
period refe rred to in paragraph (4), provided that a 50% surcharge is paid within this  
additional perio d. 
(6) Within 3 months of the date on which the mention of the issuance  of the European  
patent has been published, the patent owner shall furnish to the AGEPI the trans lation 
in the state  language of the patent specification and pay the prescribed publication fee .  27 (7) If, as a result of an opposition or a request for limitation filed with the EPO, the  
European patent is maintained in amended form, the patent owner shall, wit hin 3 
months of the  date on which the mention of the decision to maintain the European 
patent as amended or to limit  was published, furnish to the AGEPI the translation into 
the state language of the amended  claims and pay the prescribed publication fee . 
(8) Where the text of patent specification and of claims contains reference signs used  in the 
drawings, such drawings shall be attached to the translation referred to in paragraph s 
(6) and (7).  
(9) If the requirements provided by law are met, AGEPI shall publish an y translation  filed 
in due time under paragraph s (6) or (7) and enter the validated European patent in the  
National Register of Patents. AGEPI shall certify, on request, the validation of the 
European  patent in the Republic of Moldova in accordance with  the Law . 
(10) If the translation specified in paragraph s (6) or (7) is not filed in due time or the  
publication fee is not paid within the prescribed time limit, the validated European 
patent shall  be deemed void ab initio . The translation may still be validly fi led within 
an additional period of 3 months of expiry of the relevant period referred to in 
paragraphs (6) and (7), provided that a  100% surcharge on the publication fee is paid 
within this additional period . 
(11) For maintenance in force of the validated Europe an patent, annual fees shall be  paid 
in accordance with Article 93 . 
 
Article 443. Authentic Text of European Patent Applications or European Patents  
(1) The text of a European patent application or a European patent in the language of  
proceedings before the EP O shall be the authentic text in any proceedings in the 
Republic of  Moldova.  
(2) The translation shall be regarded as authentic, except in revocation proceedings,  should 
the European patent application or European patent in the language of the translation  
confer protection which is narrower than that conferred by it in the language of the 
proceedings  before the EPO . 
(3) The applicant for a European patent or patent owner of a validated European  patent 
may file, at any time, a corrected translation. The corrected tr anslation of the claims of 
a published European patent application or a validated European patent specification 
shall not  have any legal effects until it has been made  available to the public by the 
AGEPI, following the  payment of the prescribed publication fee . 
(4) Any person who, in good faith, uses or has made effective and serious preparations  for 
using the invention, the use of which would not constitute infringement  of the 
application or  patent in the original translation may, after the corrected translation takes 
effect, continue such  use in the course of his business or for the needs thereof without 
payment .  28  
CHAPTER IV  
PROCEDURE UP TO GRANT OF A PATENT  
 
Section 1   
Examination up to Grant of a Patent  
Article  45. Patent Applications of Which Disclosure Can Prejudice  the National 
Security  
(10) Inven tions containing the informa tion which , if disclosed, can prejudice the 
national security  of the Republic of Moldova, shall b e removed from AGEPI , based on 
the decision of the commission  respectively empowered by the Government , within 30 
days from the filing date, with the respective notice to the applicant . 
(11) An inven tion creat ed in the Republic of Moldova may only be patent ed abroad 
upon expir y of the term specified in paragraph  (1). 
 
Article  46. Examina tion of Patent Applica tion 
(1) AGEPI shall examine, in accordance  with the Regulation s, whether the patent 
application  and the inven tion which forms its subject -matter meet  the requi rements of 
the law . For that purpose  AGEPI shall undertake  a formal and a preliminar y 
examination and, upon  request , a substantive examina tion of the patent application . 
(2) AGEPI may invite  the applicant  to furnish  additional  elements  that are considered to b e 
essential for identi fication of  the applicant  or invent or, the constituted  regular national 
filing or compliance with the patent abilit y requirements , giving him a  time limit for 
response under the Regulations. If the answer is not furnished within the  established 
time limit, the examination procedure shall be suspended in accordance with the  
Regulations . 
 
Article  47. Formal Examina tion  
(1) In the formal examination,  AGEPI shall check  whether the patent  application  meets  the 
formal requirements laid down  in the Regulation s and the condi tions for accordance of 
a filing date under  Article  34. 
(2) If the patent application  does not comply with one or more requirements prescri bed in 
Article  34, AGEPI shall give the applicant an opportunity to correct the  deficiencies 
within the term prescri bed in the Regulation s. 
(3) If the applicant fails to  furnish the required information or fails to meet the 
requirements reffered to  Article 34 within the prescribed time limit , the application 
shall be deemed  not to have been filed; the applicant  shall be notified of the fact . 
(4) If a date of filing has been accorded to the  patent application, the Agency shall enter it  
in the National Register of Patent Application s. The data shall be treated as confidential 
prior to the publica tion of the patent application .  29  
Article  48. Preliminary Examina tion 
(1) If a patent application has been accorded a date of filing,  AGEPI shall undertake  a 
preliminary  examina tion. 
(2) In the preliminary examination AGEPI shall examine whether : 
a) the patent application meets  the requirements laid down in Article  33;  
b) the subject -matter of the inven tion is patent able within  the meaning of Article  6 
and Article  7 and, in case of short -term patent s, of Article  12 paragraph  (3); 
c) the patent application  meets  at the first examination  the requirements of Article  35; 
d) the requirements of Article  40 paragraph  (8) - (11) concerning the priority claim 
have been satisfied and, where appropriate , the claimed priorit y is acknowledged ; 
e) the requirements of Article  86 have been satisfied . 
(3) Where AGEPI notes that there are deficiencies which may be corrected, it shall give 
the applicant an opportunity to correct them in accordance with the Regulations . 
(4) Where the examina tion undertaken under  paragraph  (2) above finds that the 
requirements of  Article  32 paragraph  (3) and Article  33 paragraph s (9) and (10) as well 
as Article 86, have not been satisfied , the patent application  shall be refused . If the 
applicant disregards the provisions of Article  40 concerning  the priority right , the 
deficiency shall le ad to the loss of this right  for the  application . 
(5) If the  designat ion of  the inventor has not been made in the patent application in 
accordance with  Article  33 paragraph  (6) and the omission of the designation of the 
inventor is not corrected  withi n 16 mont hs from the date of filing of the patent  
application  or, if priorit y is claimed , from the date of priorit y, the patent application  
shall be deemed to be withdrawn . 
(6) If the claimed inven tion is not patentable within  the meaning of Article  6, Article  7 
and, as the case may be , Article  12 paragraph  (3), AGEPI shall take a decision  to refuse  
the application , which is notified  to the applicant . The notice concerning the refusal 
shall be  publi shed in BOPI.  
 
Article  49. Publica tion of Patent Application  
(1) A patent a pplication   shall be publi shed after the expiry of a period of eighteen months 
from the date of filing or, if priority has been claimed, as from the date of priority . The 
particulars  to be publi shed in BOPI  shall be determined  by the AGEPI.  
(2) At the request o f the applicant  and on payment of the prescribed  fee, the patent 
application may be published before the expiry of the period referred to  in paragraph  
(1) above . 
(3) The patent application shall be published simultaneously with the publication of the 
decision to grant a patent when the grant of the patent has become effective before the 
expiry of the period referred to in paragraph (1) above.  
(4) International patent application s shall be published before the expiry of a time limit of 
6 months from the date on whic h the national  phase was initiated , subject to the 
compliance with the requirements of Article  43 paragraph  (1). 
(5) The publication  referred to  in paragraph  (1) above  shall contain the description, the 
claims and , where appropriate,  any drawings as filed  and, in an annex, the search report   30 and the abstract , in so far as the latter is available before the termination of the 
technical preparations for publication. If the search report ha s not been published at the 
same time as the application, it shall be publis hed subsequently separately . 
(6) Patent application s withdrawn or rejected  and for  which the opportunities of appeal 
have been exhausted   prior to the termination of the technical preparations for 
publication shall not be published .  
(7) For short -term patent s, a patent application shall be published simultaneously with the 
publication of the decision to grant a patent , and the search report shall be published 
immediately after it has been drawn up  on the basis of the patent search undertaken  
under  Article  18 paragraph (2) or Article  50 paragraph  (1). 
 
Article  50. Patent Search  
      The applicant may request, subject to payment of the prescribed fee, a prior  art search, 
of which results will enable the patentability of the invention to be assessed. The search for 
a published patent application may be requested by any interested person, subject to 
payment of the prescribed fee. Based on the search results, AGEPI shall draw up a search 
report or a search report accompanied by a written opinion on patentability , on the  basis of 
the claims, with due regard to the description and, where appropriate, any drawings, in the 
form prescribed in the Regulations.   
Article  51. Substantive Examina tion of Patent Application  
(1) The AGEPI shall examine, on written request , whether the pa tent application  and the 
inven tion which forms its subject -matter meet  the requirements of this law. 
(2) The substantive examination of the patent application shall be carried out within 18 
months, excluding the time limits for correspondence and subject to th e compliance 
with the provisions of art. 48. A request for substantive examina tion may be filed prior 
to the expir y of 30 months  following  the filing date of the patent  application  or 
following the date of entry into the national phase . The request shall only be deemed  to 
be filed on payment of the examina tion fee and may not be withdrawn . 
(3) If the request for substantive examination is not submitted prior to the expiry of the 
time limit  specified in paragraph  (2), the patent application shall be deemed to be  
withdrawn . 
(4) In the substantive  examination, the AGEPI shall check  whether  the application  meets , 
in particular , the requirements set out in  Article  6-11, Article  36 and Article  37. 
(5) If the examination of a patent application reveals  that the application or the invention 
which makes its  subject -matter  does not meet the requirements of this law, the AGEPI 
shall invite  the applicant, as often as  necessary, to file his observations  and, subject to  
Article 87, to amend the application  within a period to be fixed . 
(6) If the applicant fails to reply in due time to any communication  from the Agency under 
paragraph  (5), the patent application shall be deemed to be withdrawn .  
(7) Upon completion of the substantive examination of the patent application and based on 
the examin ation report , the AGEPI shall decide either to grant a patent  or to refuse  the 
patent application . 
(8) The p rovisions of this article shall not apply to short -term patent s.  31  
Article  52. Examina tion of Condi tions for Grant of a S hort-Term Patent  
(1) For the purpose  of granting a short -term patent , AGEPI shall undertake  a formal 
examination and a preliminar y examination of the patent  application  in accordance  with 
Article  47 and Article  48 and shall check whether the  claimed invention meets the 
requirements of Articl es 11 and 12 .  
(2) In the examination, under paragraph (1), AGEPI shall conduct a prior art search , 
covering the patents, patent applications, utility models filed with the AGEPI having a 
filing date  earlier to the filing date of the examined application and w hich have been 
published, under  Article 49, on or after that date, European patent applications for 
which the validation fee has  been paid and validated European patents, Eurasian 
applications and Eurasian patents, and the  general knowledge included in sou rces 
intended  for the general public, which became available  to the public before the filing 
date of the patent application .  
(3) Where  AGEPI finds that the patent application  meets  the requirements of paragraph  (2) 
above , it shall decide to grant a short -term patent . 
(4) Where  AGEPI finds that the patent application does not meet  the requirements of 
paragraph (2) above , it shall decide to refuse  the short -term patent  application . 
 
Article  53. Grant of Patent or Refusal  of Patent Application  
(1) If AGEPI is of the opi nion that the patent application  and the invention which forms its 
subject -matter  meet the requirements of  this law , it shall decide to grant a patent , 
provided that  it is established, in accordance with the provisions of the Regulations,  
that the applican t approves the text of the description and claims in which AGEPI 
intends to grant the patent .  
(2) If AGEPI is of the opinion  that the patent application and the invention which forms its 
subject matter  do not meet the requirem ents of this law, it shall decide  to refuse the 
patent application  unless  this Law provides for a different procedure . 
(3) The AGEPI dec isions shall indicate the grounds on which they are taken  and shall  only 
be based on the grounds upon which the interested parties have had an opportunity to  
express t heir opinions.  
(4)  The decision to grant a patent or to refuse a patent application shall take  effect on the 
date on which the mention of the decision is published in BOPI.  
(5) The mention of the dec ision to grant a patent or to refuse a patent applicat ion shall be 
published upon expir y of the term in which the decision mentioned above could be 
opposed in accordance with the provisions of the present Law.  
(6) AGEPI shall publish, a t the same time as it publishes the mention of the grant of the 
patent, a spe cification of the patent containing the description, the claims , the search 
report  and, where appropriate,  any drawings .  32  
Article  54. Conversion  of Patent Application  
(1) A patent a pplication  may be converted,  at the request of the applicant , into an 
applicati on for a sho rt-term patent  prior to the date on which the mention of the 
decision to grant a patent  is published or, at the latest,  within  2 months following  the 
date on which a decision to refuse the patent application has been  sent, on conditions 
provide d by the Regulation s. 
(2) An application  for a shot -term patent may be converted,  at the request of the applicant , 
into a patent application before  the decision to grant a short -term patent  has been taken . 
(3) For patent  application s resulting  from the conversion of the  application under 
paragraphs (1) -(2) of this article  the filing date and, where appropriate, the priority date 
of the initial application shall be applied.  
(4) The conversion  of application  referred to  in paragraph s (1)-(3) above shall be subject to 
the payment of the prescribed  fee. 
 
Article  55. Seeking Two  Kinds  of Protec tion 
(1) The same inven tion may form at the same time a subject -matter of a  patent application  
and of an application  for a short -term patent . 
(2) Both kinds  of protec tion may be sought by the  same applicant  concomitantly filing  the 
respective application s on the same date. 
(3) If the applicant  has filed a patent application and an application for a short -term patent 
for the same inven tion, in that case : 
a) the short -term patent  shall be deemed null and void upon granting of the regular 
patent ; 
b) the application for a short -term patent , which is under examina tion on the date on 
which the decision is made to grant a regular patent , shall be deemed to be 
withdrawn as of that date . 
(4) The provisions  of paragraph  (3) shall not apply where the patent owner  renounces the 
patent under  Article  66 or where the right s confer red by the patent  became ineffective 
due to non-payment  of the maintenance fee in accordance with Article  61. 
 
Article  56. Withdrawal of Paten t Application  
(1) The a pplicant  may withdraw the patent application  at any time prior to  the date on 
which a decision concerning that application  has been taken . 
(2) In the event of more than one  applicant , the application  may only be withdrawn with 
the agreement  of each applicant . 
(3) Any applicant  other than the  inventor shall be obliged to notify the inventor, at the 
same time as he submits his written request to the AGEPI, of his inten tion to renounce 
the application . In such case, the inventor shall have a prefere ntial right  to request the 
continuation of  procedures in respect of the application as an applicant  within a period 
of 2 months as from the date on which the applicant has informed him of his intention 
to renounce the application .  
  33 Section  2  
Opposition  and Appeals  Procedure  
Article  57. Opposition 
(1) Within 6 months from the pub lication of the mention of the g rant of the  patent, any  
person may give notice of opposition to the patent granted by filing a request in this 
regard with the Appeals Board of AGEPI . 
(2) Opposition shall only be filed  in writing and on the grounds that:  
a) the subject -matter of the patent is not patentable within the meaning of Articles 6 -11 
and, as the case may be, Article 12;  
b) the patent does not disclose the invention in a manner sufficient ly clear and 
complete for it to be carried out by a person skilled in the art;  
c) the subject -matter of the patent extends beyond the content of the application as 
filed, or, if the patent was granted on a divisional application or on a new 
application filed under Article 16, beyond the content of the earlier application as 
filed.  
 
(3) The opposition filed shall have  suspensive effect. It shall not be deemed to have been 
filed until the opposition fee has been paid.  
 
(4) IF AGEPI is of the opinion  that at least one of  the grounds for opposition referred to in 
paragraph (2) above prejudice s the maintenance of the patent, it shall revoke the 
respective decision.  Otherwise, it shall reject the opposition.  
 
(5) If AGEPI is of the opinion that, taking into consideration the ame ndments made by the 
applicant during the opposition proce edings, the patent and the invention to which it 
relates : 
 
a)  meet the requirements of this law, it shall decide to maintain the   decision to 
grant a patent as amended, provided that the conditions  laid down  in the Regulations 
are fulfilled;  
b) do not meet the requirements of this law, it shall revoke the decision to grant a 
patent.  
 
(6) If a patent is amended  under paragraph (5) above, the AGEPI shall, after payment of 
the prescribed fee, publish a new sp ecification of the patent containing the description, 
the claims and, as the case may be,  any dr awings, in the amended form.  
    
 
Article  58. Appeal  
(1) Any person adversely affected by a decision taken by the respective divisions of the 
AGEPI may appeal with  the Appeal  Board of the AGEPI . 
(2) The appeal under paragraph (1) of this article  shall have suspensive effect.  
(3) The appeal shall be filed in writing within 2 months after the date of notification of the 
decision and shall contain the grounds for appeal. Notic e of appeal  shall not be deemed 
to have been filed until the prescribed fee has been paid.  
 
  34 Article  59. Examina tion of the Appeal  
(1) In the examination of the appeal, which shall be conducted in accordance with the 
provisions of the Regulations and the Regu lations on the Appeal  Board of the AGEPI , 
the Appeal  Board shall invite the parties, as often as necessary, to file observations, 
within a period to be fixed by the  Appeal  Board of the AGEPI , on communications 
from another party or issued by itself . 
(2) Follow ing the examin ation of the appeal, the Appeal  Board of the  AGEPI  may either 
take a final decision or remit the case to the AGEPI subdivision  whose decision was 
appealed  for further prosecution . 
(3) The decision of the Appeal  Board of the AGEPI shall be publish ed in BOPI.  
(4) Any decision taken by the Appeal  Board of the AGEPI may be appealed before a court 
within 2 months following the date of dispatch of the notice concerning the decision 
that has been taken , in accordance with the provisions of the Civil Procedur al Code.  
 
CHAPTER  V  
PROCEDUR E AFTER GRANT OF A PATENT  
Section  1  
Maintenance , Termination  and Revocation of a Patent  
Article  60. Grant of Patent  
(1) If no opposition and/or appeal has been filed against the decision to grant a patent,  
under C HAPTER  IV Sectio n 2, or if any opposition and/or appeal filed has been 
rejected, the AGEPI shall issue a patent to the entitled person, subject to payment of the 
prescribed fees, and  shall publish a mention concerning  the issuance of patent in BOPI .  
(2) The grant of a patent  shall  not be refused and a patent  shall  not be revoked on the 
ground that the sale of the patented product or of a product obtained by means of a 
patented process is subject to restrictions or limitations resulting from the domestic law.  
(3) Date of issuance  of a patent shall be the date on which the mention of the grant appears 
in BOPI. The particulars to be published shall be determined by the AGEPI . 
(4) Granted  patent s shall be entered in the National Regist er of Patent s. 
(5) If the fees for grant of the patent ar e not paid in due time  after the publica tion of the 
mention to grant a patent  under the Regulation s, the patent  shall not be granted . The 
mention of the exhaustion  of right s shall be entered in the National Register of Patents  
and publi shed in BOPI.  
 
Artic le 61. Maintenance  of Patent  
(1) For the maintenance of a patent, a nnual fees , in accordance with Article 93, shall be 
paid. 
(2) The maintenance  fee shall be payable after the publica tion of the mention of the 
decision to grant a patent and shall be deemed to have  been  paid to all effects , if it is 
paid within the established period . 
(3) If the maintenance  fee has not been  paid within the prescribed  time limit , it may still be 
validly paid within 6 months from the expiry  of the prescribed time limit for payment , 
provid ed that an additional fee is paid at the same time .  35  
Article  62. Patent s Granted to Non-Entitled Person s  
(1) If by a final court decision it is adjudged that  a person referred to in  Article  14, other 
than the applicant, is entitled to the grant of a patent , that person may, without 
prejudic e to any other right s or actions, claim that the patent  be transferred to him as 
the rightful owner . 
(2) If a person is entitled only to a part of the patent , he may claim under paragraph  (1) 
above  that the patent be transferred  to him as a co-owner . 
(3) The r ights mentioned in paragraph  (1) and paragraph  (2) above may be exerci sed 
legally within the  prescribed time limit  under the applicable law , which starts from  the 
date on which  the mention of the grant has been published  in BOPI . 
(4) Filing of a claim with the court shall give rise to the  entry in the National Register of  
Patent s. A certified copy of the court decision shall be submitted to the AGEPI by t he 
interested party . Mention o f the final and irrevocable court decision shall b e entered in 
the National Register of Patents . The decision mentioned shall produce legal effects for 
any third party as from the da te of its public ation in BOPI.  
 
Article  63. Effects of Change of the Patent  Owner  
(1) If the patent owner  is changed as a result of a legal  proceeding under Article  62, the 
licen ses and other right s shall be terminated  upon registration of the person entitled to 
the patent  in the National Register of Patents . 
(2) If, prior to the filing of a claim with the court , the patent owner  or the holder of a 
licen se has exploit ed the inven tion on the  territory of Moldova or has made  effective 
and serio us preparations  for that purpose , he may continu e such exploitation , provided 
he applies for a non-exclusiv e license to the new patent owner  entere d in the National 
Register of  Patent s. Such application shall be filed within the term pr ovided for in the 
Regulation s. The l icense should be granted for a reasonable period and on reasonable  
terms and conditions . 
(3) Paragraph  (2) above shall not apply where the patent owner  or the holder of a license  
has not acted in good faith at the time of starting the explo itation of the inven tion or 
preparations for that purpose . 
 
Article  64. Revocation of Patent   
(1), A patent granted by AGEPI and a validated European p atent may be  revoked  in whole  
or in part, on the following grounds : 
a) if the subject -matter of the patent is not patentable within the meaning of  Articles 
6-11 and, as the case may be , Article 12;  
b) if the patent does not disclose the invention in a manner suf ficiently clear and 
complete for it to be carried out by a person skilled in the art ; 
c) if the subject -matter of the patent extends beyond the content of the application as 
filed, or, if the patent was granted on a divisional application or on a new 
applicat ion filed in accordance with Article 16, beyond the content of the earlier 
application as filed ; 
d) if the protec tion confer red by the patent  has been  extended ;  36 e) if the patent owner  is not the person entitled to obtain a patent  under Article  14 or, 
in the case of employee inven tions, under  Article  15.  
(2) If the grounds for revocation  only affect the patent in  part, revocation  shall be 
pronounced in  the form of a corresponding  limita tion of the said patent , by an  
amendment to the claims , the descri ption  or the drawings . 
(3) Non-compliance with one or more formal requirements  in respect of a patent 
application  may not form grounds for revocation  of the patent , in whole  or in part, 
except where it results from a fraud ulent intention . 
(4) Effects of a patent referred to in Ar ticles 19 -23 shall be considered to be null and void , 
as from the outset,  to the extent that the patent has been so declared null and void  in 
whole or in part . 
(5) The retroactive effect of the patent revocation shall not prejudice:  
a) final and irrevocable decis ions in actions related to the infringement of rights, 
which have come into effect prior to  the revocation decision;  
b) contracts concluded prior to  the revocation decision, to the extent of their execution 
degree before such decision. Furthermore, claims may  be made on grounds of 
equity to redeem the payments already made under the contract, the amount of the 
claim to be justified by circumstances.  
 
 
Article  65. Proce dure  for Revocation of Patent  
(1) Proceedings  for revocation  of patent  may be instituted  at any t ime during  the term of 
validity of  the patent  and solely on the grounds mentioned  in Article  64. 
(2) Any person may institute proceedings  for revocation  of patent with the court . For the 
cases referred to in  Article  64 paragraph  (1) letter e) proceedings  may b e instituted  
solely by a person entitled to be entered in the National Register of  Patent s as patent  
owner  or jointly by other person s entitled to be registered as co-owners  of that patent  
under  Article  62. 
(3) Proceedings  for revocation of  patent may be instituted  even  if the right s confer red by 
the patent  have terminated  or if the patent  is renounced.  
(4) Proceedings  for revocation of  Eurasian patent on the t erritory of the Republic of 
Moldova s hould be instituted  in accordance  with the Eurasian Conven tion, 
Imple menting Guidelines to the Eurasian Convention  and the national legisla tion. 
(5) A final and irrevocable decision for revocation of  patent , in whole  or in part, shall be  
communic ated to the AGEPI by the interest ed person . Mention of revocation  shall be  
entered in the National Register of Patents  and published  in BOPI.  
 
Article  66. Surrender of Patent  
(1) The patent owner  may surrender the patent by submitting a written  declaration  to that 
effect to the AGEPI. The patent may only be surrendered in its totalit y. 
(2) Surre nder of patent shall only take  effect upon introduction of the corresponding entry 
in the National Register of Patent s and publication of notice thereof  in BOPI.  
(3) The patent owner shall be required to inform the inventor, at the same time as he 
submits his written declaration to the AGEPI, of his intention to surrender the patent. In  37 such case, the inventor shall have a preferential  right to the grant of  a patent in his 
name during a period of  3 months as from the date on which the patent owner has 
informed him of  his intent ion to surrender the patent.  
 
Article  67. Limitation of Pa tent  
(1) At the request  of the patent owner,  filed with  the AGEPI and subject to the payment of 
the prescribed  fee, the patent  may form the subject-matter of a limit ation , provided that 
the patent  in the amended form satisfies the protec tion requirements . The l imita tion 
shall be effected  by way of an amend ment to  the claims , the descri ption  or the 
drawings . 
(2) The request  for limita tion may not be filed during the  period when eventual oppo sition 
is formulat ed or when opposition or revocation  proceedings are pending . 
(3) The request  for limitation may only be submitted with the  consent of the person who 
benefits from the real right entered in the National R egister of Patents or in whose 
name the  entry was made under Article  62 paragraph  (4). 
(4) If the AGEPI states  that, taking unto consideration  the amendments made  by the patent 
owner  following the patent revocation proceedings , the grounds for revocation  
mentioned in  Article  64 do not prejudice the  maintenance of  the patent , it shall decide  
to limit the patent . If the amendments are not admi ssible, it shall reject the request  for 
limitation . 
(5) If a patent  is amended  under paragraph  (1) above , AGEPI shall  publi sh, on payment of 
the prescribed  fee, a new specification  of the patent containing the descri ption , the 
claims and , as the case may be,  any drawings , in the amended form . 
 
Article  68. Termination  of Rights Confer red by a Patent  
(1) Rights confer red by a patent  shall terminate : 
a) upon expir y of the legal  protec tion period  referred to in  Article  18; 
b) if the owner renounces the patent under  conditions referred to in Article  66; 
c) in the event of failure to pay  the patent issuance and maintenance fees in due  time. 
(2) Termination  of right s for failure to pay the annual fee or, where appropriate, the 
additional  fee, shall be deemed to have  effect as from  the da te of expir ation  of the time 
limit  establi shed for payment of such annual fee. 
(3) AGEPI shall publish in BOPI a  notice  of the termination  of rights conferred by a  
patent . 
 
Section  2  
Supplementary Protec tion Certificate  
Article  69. Certificat e 
(1) The owner  of a patent  with effects in the Republic of Moldova, the subject -matter of 
which is  a medicinal product  or a phytopharmaceutical  product (basic  patent ) for which 
an authorization for market ing the product  has been granted , shall avail himself , in 
accordance with the  requirements  of this law and the Regulation s, of a supplementary 
protection certificat e, hereinafter certificat e, for those parts of the primary patent  which 
correspond to the authoriza tion.  38 (2) The c ertificat e shall take effect upon expiry of the legal protection term of the basic  
patent , for a period  equal to the period covered  between the date of filing of the patent  
application  and the date of issuance of the first authoriza tion under paragraph  (1), 
minus 5 years . 
(3) Without prejudice to the provisions of paragraph  (2), the durat ion of the certificat e may 
not exceed 5 years from the expiration date of the legal protection term in respect of the 
basic  patent , subject to payment of the  prescribed fee for maintenance of the certificate . 
(31) In the case of a patent whose subject -matter is a medicinal product for which  pediatric 
studies have been conducted, and the results of those studies are reflected in the  
information on the product for which an authorization for marketing has been issued, 
the periods  specified in par agraph s (2) and (3) shall be extended by 6 months, while 
the period referred to in  paragraph (2) may be extended once . 
(4) Within the limit s of the protection confer red by the basic  patent , the protec tion 
confer red by the certificate shall only extend to the product  which forms the subject -
matter of the authoriza tion mentioned in paragraph  (1) and any use of such product  as a 
medic inal or phyto pharmaceut ical product , which was  authorized prior to the expir ation  
of the certificat e. 
(5) The provisions of this law relating to patent s shall apply mutatis mutandis  to 
supplementary protection c ertificate s in the absence of any provisions to the contrar y 
and with the excep tion of the opposition proce edings under  CHAPTER  IV Section 2 of 
this Law. 
 
Article  70. Application  for the Grant of a Certificat e 
(1) The a pplication  for the  grant of a certificat e shall be  filed with AGEPI within 6 months 
following  the date of issuanc e of the authoriza tion mentioned in Article  69. If the 
authoriza tion has been  issued prior to the grant of the primary patent , the application  
shall  be filed within 6 months from the date of grant of the patent . The a pplication  shall 
not be deemed filed until after  the prescribed  fees have been paid . 
(2) The a pplication  for the grant of a certificat e must satisf y the requirements laid down in 
the Regulation s. 
 
Article  71. Condi tions for Grant of a Certificat e 
(1) A certificat e shall  be granted where an application  is filed under Article  70 and where 
the following requirements are satisfied at the date of filing of that application : 
a) the product  is prote cted by a basic  patent  valid  in the Republic of Moldova;  
b) the product  was granted an effective authoriza tion for mark eting as a medic inal or 
phytopharmaceutical  product ; 
c) the product  is not yet a subject -matter of a certificat e in the Republic of Moldova;  
d) the authoriza tion mentioned in letter b) is the first authoriza tion for market ing in 
the Republic of Moldova of the re spective product  as a medicinal or 
phyto pharmaceutical  product . 
(2) If the requirements referred to in paragraph (1) above are met, the AGEPI shall take the 
decision to grant a supplementary protection certificate  and enter the particulars of the 
certificate i n the National Register of Patents for Invention.  Mention of the decision to 
grant a certificate shall be published in BOPI.    39 (3) The owner  of more than one  patent  which relates to the same product  may not obtain 
more than one  certificate for that product . How ever, where two or more application s 
which relate to the same product  are under  examina tion and were submitted by two or 
more owners  of different patent s, each of such owners  may obtain a certificat e for that 
product . 
 
Article  72. Revocation  of a Certifica te 
(1) The supplementary protection c ertificat e shall be declared null and void  if: 
a) it was issued in violation of Article  71;  
b) the right s confer red by the basic  patent  have terminated  in accordance with  Article  
68 before the expir ation  of the legal protec tion term; 
c) the basic  patent  was cancelled or limit ed to the e ffect that the product  covered by 
the certificat e is no longer prote cted by the claims of the basic  patent  or grounds are 
in existence  after termination  of right s conferred by the basic  patent , which justif y 
the revocation  or limita tion of the patent . 
(2) If the basic  patent is declared null and void  only in a part which forms a subject matter 
of the authoriza tion for market ing, the certificat e shall be declared null  only for the 
corresponding  part. 
 
CHAPT ER VI  
ENFORCEMENT OF RIGHT S 
Article  73. Proceedings  for Infringement of Rights 
(1) Any natural  or legal person,  or any other interested bodies  which ha ve claims 
regarding the use of a patent application or a patent, causing direct or indirect prejudice to  
a natural or manufactured product, contrary to the origin of that product, may institute  
Court proceedings to pro hibit the use of the patent application or the patent . 
(11) A product shall be deemed manufactured according to the invention protected 
by patent, and a process protected by patent shall be deemed applicable, if within it is used 
every  feature of the invention contained in an independent claim . 
(2) The following parties may institute proceedings  for infringement of right s 
confer red under Article s 20-23: 
a) the applicant  of a patent  application  or the patent owner ; 
b) any other person  entitled to use the patented inven tion, and in particular 
licensees ; 
c) other  natural  or legal persons  entitled to represent the right holder . 
(3) The court shall  request an opinion on patentability of the invention and shall 
suspend the proc eedings  where the subject -matter of the litigation is a short -term patent or 
a patent issued  without carrying out the substantive examination on the patentability of the 
invention  until a  copy of the search report, drawn up by AGEPI and accompanied by a 
written opinion on  patentability, within the period prescribed in the Regulations, at the 
request of the patent owner or interested third parties  has been submitted .  
 (4) The e xami nation of proceedings  shall be suspend ed until the decision to grant 
the patent  has become final .  40 (5) The institution  of proceedings  for infringement of right s deriving  from a 
Eurasian patent  shall be performed in accordance  with the Eurasia n Convention , the 
Implementing Guidelines to the Eurasian Convention as well as the applicable national 
legisla tion. 
 
Article  74. Proceedings  for a Declaration  of Non-infringement  of Rights 
(1) Any interested person  may institute  proceedings against  the owner  of the patent 
or the beneficiar y of an exclusive license , seeking to  establish the fact that economic 
operations which such person  performs or for which he has made effective and serio us 
preparations , do not prejudice the right s referre d to in Article s 20 and 21. 
(2) Where the owner ’s position is not satisfactory or where the owner  is unable to 
determine his position within 3 months, the interested person  shall be entitled to institute 
proceedings  with the competent court seeking to establish the fact of non -infringem ent of 
rights.  
       (4)  The v alidity of a patent  may not be challenged in proceedings  for declaration of  
non-infringement of rights . 
 
Article  75. Measures to Preserv e Evidence up to  Institution of Proceedings  
(1) Any entitled person, who has presented r easonably available evidence sufficient 
to support his claims for infringement , may request the court prior to the institution of  
proceedings against illegal actions , to adopt  provisional measures to preserv e relevant 
evidence , subject to conditions which ensure the protection of confidential information and 
provision of  a security or a corresponding  equivalent assurance , which would be necessary 
to repair the eventual damage which might be caused to the defendant in case the 
infringement is not confirmed.  
(2) In terms of the measures to preserv e evidence, the court shall have the authority  
to: 
a) request the detailed description of the infringing goods ; 
b) lay a distraint upon  the infringing  goods ; 
c) lay a distraiunt upon  the materials and tools used to pr oduce and/or distribute 
such goods,  and the document s relating there to. 
(3) The p roceedings for the application of  measures to preserv e evidence referred to 
in this articl e and Article  76 shall be performed by the court or other competent authorities  
in accordance  with the respective provisions of the Civil Procedural Code. Measures to 
preserv e evidence shall be taken with the participation of a court bailiff, who might  be 
assisted by a representative of the AGEPI and a police officer.  
 
Article  76. Preserv ation of Evidence in Urgent Cases   
(1) Measures to preserv e evidence may be established  without hearing  the 
defendant where any delay is likely to  cause irreparable harm  to the right holder  or where 
there is a demonstrable risk of evidence being  destroyed. The final court decision shall be 
communicated promptly to the affected  party. 
(2) The affected party  shall have the right to request a  review of final decisions on 
preserv ation  of evidence .  41  
Article  77. Revocation  of Measures to Preserv e Evidence  
(1) Measures to preserving evidence shall be considered null or void:  
a) where the plaintiff does not institute  court proceedings  for infringement of his 
rights within 20 working days after such measures are taken;  
b) as a consequence of any harmful actions or in action s on the part of the plaintiff;  
c) where it is subsequently foun d that there has been no infringement or threat of 
infringement of rights deriving from the patent application  or the patent ; 
d) by court decision where other reasons exist provided for in the applicable law . 
(2) Where  the measures to preserv e evidence have cause d damage and have been  
declared null or void, the plaintiff must pay to the defendant an adequate compensation . 
 
Article  78. Presentation and Preservation of Evidence in the Proceedings for 
Infringement of  Rights  
(1) The court shall have the authority, w here a party presents reasonably available 
evidence  to support its claims and specifies evidence relevant to substantiation of its claims 
which lies in the control  of the opposing party, to order that this evidence be produced  in 
sufficient and reasonable amounts , subject to conditions which ensure the protection of 
confidential information. Where substantial damage is incurred, in order to assess such 
damage the court may order the parties to produce  additionally the relevant banking, 
financial or commercial documents.  
(2) Where a party to the proceedings voluntarily and without good reason refuses 
access to , or otherwise does not provide necessary information  within a reasonable pe riod, 
or significantly impedes a procedure relating to an enforcement action , the court shall  
decide on the acceptance or rejection of the brought action on the basis  of the information  
presented to it , including the complaint or the allegation  presented  by the party adversely 
affected  by the denial  of access to information , subject to providing the parties an  
opportunity  to be heard on the allegations  or evidence.  
(3) In the examina tion of infringements of the owner ’s rights , if the subject -matter 
of a patent is a manufacturing proce ss of a product , the court shall have the authority to  
order the defendant to prove  that the proce ss used by him to manufacture an identical 
product  is different from the patent ed process . In the adduction of proof to the contra ry, the 
legitimate interests of the defendant in protecting his manufacturing and business secrets 
shall be taken into account . 
(4) If the defendant fails to provide such evidence , any identic al product when 
produced  without the consent of the patent  owner  shall , in the absence of proof to the 
contrary, be deem ed to have been manufactured by the patented process in the following 
two circumstances : 
a) if the product  manufactured by the patent ed process is new ; 
b) if there is a  substantial likelihood that the  identic al product was manufactured by 
the patent ed process a nd the patent owner  has been  unable through  reasonable  efforts  to 
determine  the proce ss actually used .  
 
Article  79. Right to Informa tion  42 (1) The court shall have the authority, w here it is found  during the examination of 
the case that the rights deriving from  a patent application or a patent are infringed, to order  
that the information regarding the origin and channels of distribution of the infringing 
goods or services be provided by the defenda nt and/or any other person which is:  
a) found to possess the infringing goods intended for commercializ ation ;  
b) found to use for commercial purposes the services with infringing goods ; 
c) found to supply for commercial purposes services with goods  used i n infringing 
activities ; or 
d) was indicated  by any person mentioned under  letters a), b) or c) as being 
involved in the production, manufacture or distribution of goods or provision of services.  
(2) The information mentioned in paragraph (1) may include, where appropriate : 
a) the names and addresses of producers, distributors, suppliers and other previous 
possessors of the goods or services as well as the target wholesalers and retailers;  
b) the information regarding the quantities produced, supplied, rece ived or ordered 
as well as the prices for the respective goods  or services.  
(3) Paragraph (1) and (2) shall be applied without prejudice to other  legal and 
regulatory provisions which:  
a) entitle the right owner to more detailed information;  
b) regulate th e use of the information provided under this article in civil or penal 
law proceedings;  
c) regulate the responsibility for the abuse  of the right to information;  
d) provide the possibility of refusal to provide the information, which prevents the 
person me ntioned in paragraph (1) from admitting his own involvement or that of his close 
relatives in the actions infringing the rights conferred by a patent application or a patent; or  
e) regulate the protection of confidentiality of the information source s or pr ocessi ng 
of personal data.  
 
Article  80. Measures to Ensure the Proceedings for Infringement of Rights  
(1) Where the court establishes the actual or imminently threatening infringement 
of the rights conferred by a patent application or a patent, it may , upon request of the 
patent  owner , institute  certain measures to en sure the proceedings for infringement of 
rights  against the defendant  and/or intermediaries, such as  to: 
a) issue a provisional ruling to prohibit any activities which constitute an 
infringeme nt of rights or to permit the continua tion of such activities , subject to the 
provision of a security sufficient to cover the eventual damage to the patent  owner ; 
b) lay a distraint upon goods suspected of  infring ing a right conferred by a patent 
applicati on or a patent with the aim to prevent their release into the channels of commerce ; 
c) lay a provisional  distraint upon defendant ’s assets, including the arrest of 
banking accounts , presentation of banking, financial or commercial documents , where the 
infringement was committed on commercial scale and there exists a risk of the 
impossibility to recover the incurred damage.  
(2) Measures to ensur e the proceedings for infringement of rights  may be ordered  
under Article 75 without hearing  the defendant , where a ny delay is likely to  cause  43 irreparable harm  to the  patent  owner or where there is a demonstrable risk of evidence 
being destroyed. The court decision shall be communicated promptly to the affected  party. 
 
Article  81. Corrective  measures  
(1) The court shal l have the authority, w here an infringement is stated,  to order , 
upon request of the plaintiff,  taking of  measures in respect of the goods found to be 
infring ing the rights conferred by a patent application or a patent and, where appropriate , 
the materials  and implements  used for the creation  and manufacture of such goods. Such 
measures may include, in particular:  
a) provisional disposal  of the infringing goods  outside  the channels of commerc e; 
b) final disposal  of the infringing goods  outside the channels of commerce ; or 
c) destruction of the goods  infringing the rights conferred by a patent application or 
a patent.  
(2) The measures mentioned in paragraph (1) above  shall be performed at the 
infringer ’s expense , unless this would be contrary to exist ing substantiated reasons.  
(3) In considering  the request for application of  the corrective measures, the court 
shall be guided by the principle of equity , the seriousness  of the infringement  and the 
remedies ordered as well as  the interests of third part ies. 
 
Article 82. Enforcement of a Court Decision  
Where a court decision  is issued stat ing the infringement of rights conferred by a 
patent application or a patent, the court may,  upon request of the right owner , take 
measures to enforce the court decision  against the defendant , ordering  the latter to 
terminate any infringing activities. To that end , the court may order  the defendant  to 
provide a corresponding security or equivalent assurance . The right owner may request to 
apply similar measures against the interme diaries whose services are used by a third party 
to infringe the owner’s rights conferred by a patent application or a patent.  
 
Article  83. Alternative Measures  
Where the infringer  did not knowingly, or with reasonable grounds to know, 
engage in infringing  activity , the court may order  him, upon request of the interested 
person , to pay certain pecuniary compensation,  in place of the measures to enforce  the 
rights provided for in this chapter, if the application of such measures would cause  
disproportionate damage and if the plaintiff is reasonably satisfied with the pacuniary  
compensation.  
 
Article  84. Damage s 
(1) Upon request of the affected party, the infringer  who knowingly , or with 
reasonable grounds to know, engaged in an activity infringing the rights conferred by a 
patent application or a patent shall be ordered to pay  the right holder  damages adequate to 
compensate for the injury the right holder has  suffered because of the  infringement of his 
rights. In evaluating the damage:  
a) due account shall be taken of the respective circumstances, such as the negative 
economic effect, including the lost profits  suffered by the affected party , the benefits  44 received unfairly by the infringer  and, as the case may be , other aspects, such as moral 
damage the affecte d party has suffered because of  the infringement of his rights; or  
b) alternatively, a lump amount may be fixed on  the basis of  certain components, 
such as, at least, the amount of the royalty or fees which would have been payable, had the 
infringer  applie d for the authorization to use the respective patent application  or patent . 
(2) Whe n the infringer  commits the infringement not knowingly , or with reasonabl e 
grounds to know about it , he shall be obliged to repay the lost profits or the damage s 
suffered by  the right holder , established by  the applicable law.  
 
Article  85. Publica tion of C ourt Decisions  
(1) In the proceedings for  infringement of rights conferred by a patent application 
or a patent, the competent court may order,  upon the plaintiff’s request a nd at the expense 
of the infringer, respective measures to disseminate the information regarding the court 
decision, including the bill sticking as well as publication of the respective decision in 
whole or in part. 
(2) The competent court may also order , at the expense of the infringe r, additional 
publication -related measures in line with the particular circumstances, including a large -
scale publication . 
 (3) The court shall furnish  to the AGEPI a copy of the final decision.  
 
CHAPTER  VII  
COMMON PROVISIONS  
 
Section 1  
General provisions governing procedure  
Article  86. Repre sentation 
(1) Subject to the provisions of paragraph  (2) below , no person shall be compelled to be 
represented by a n authorized professional representative in proceedings before the 
AGEPI.  
(2) Natural or legal persons not having their residence or principal place of business in the 
Republic of Moldova shall  be represented by a professional representative and act 
through him in all proceedings established by this Law, other than in the following 
situations : 
a) filing  of a patent  application ; 
b) payment of fees ; 
c) filing  of an earlier  application . 
(3) Natural or legal persons not having their residence or principal place of business in 
the Republic of Moldova may be represented in proceedings  before the AGEPI  by an 
employee.   
(3) Representation shall be based on a power of attorney regist ered with  the AGEPI , on 
terms and condi tions provided by  the Regulation s. 
(4) The professional representative s shall act on the basis of the Regulations on Patent 
Attorneys, approved by the Government .  45  
Article  87. Amen dments  
(1) A patent application or a patent may be amended in proceedings before the AGEPI , in 
accordance with  the Regulation s. In any event , the applicant shall be given  at least one 
opportunity to amend the description, the claims and the drawings of his own volition , 
subject to payment of the prescribed  fee. 
(2) The patent application or patent may not be amended in such a way that it contains 
subject -matter which extends beyond the content of the application as filed . 
(3) The pat ent may not be amended in such a way as to extend the protection it confer s. 
 
Article  88. Ex Officio Examination  
(1) The AGEPI may  act upon its own initiative in the examin ation  of the facts or 
revocation  of its decisions on grounds of non -compliance with the requirements of this 
Law; it shall not be restricted in this examination to the analysis of facts, evidence and 
arguments provided by the parties . 
(2) AGEPI may disregard facts or evidence which are not claimed or submitted in due 
time by the parties concerned . 
 
Article  89. Observa tions by Third Parties  
(1) In any proceedings before the AGEPI,  following the publication of the patent 
application, any third party  may, in accordance with the Regulations , present 
observations concerning the patentability of the inventi on to which the application 
relates . 
(2) The third parties  shall not be part ies to the proceedings before the AGEPI.  
 
Article  90. Extension of Time Limits  
(1) Time limits  provided for in this Law or in the Regulation s for an action in a 
proceeding before the AGEP I related to an application  or a patent  may be extended  by 
a request filed with the AGEPI before the expir y of the prescribed time limit . Any 
time limit  may not be extended  for more than 6 months from the date of expir y of the 
prescribed time limit . 
(2) A request for extension  shall be subject to payment of a prescribed  fee; in the 
opposite case the application  for extension  shall be deemed not filed . 
(3) The p rovisions of this article  shall not be applicable  to the time limits  referred to  in 
paragraph  (1) of this article  as well as in Article  15 paragraph  (6), Article  32 
paragraph  (3), Article  33 paragraph s (9) and (10), Article s 39–42, Article 43 
paragraphs (1) and (2),  Article  51 paragraph  (2), Article  57 paragraph  (1), Article  58 
paragraph  (3), Article  61, Artic le 70 paragraph  (1), Article  91 paragraph  (2), Article  
92 paragraph  (2). 
 
Article  91. Continua tion of Proceedings after Non-Observance  of the T ime Limit  
(1) Where  the applicant  was unable to  observe a prescribed time limit  for proce edings 
before  AGEPI, he may request  re-establishment  of the omitted  term and continua tion of 
the proce edings in relation to the patent application .  46 (2) The request  must  be filed in writing with in 6 months  following  the expiry of the 
prescribed  time limit . The omitted act must be complete d within this period . The 
request  shall not be deemed to have been filed until the fee for re -establishment  of the 
omitted  term has been paid ; otherwise it shall be  rejected . 
(3) Time limits referred to in Article 90 paragraph (3) shall be excluded from re-
establishment  of the omitted  time limit . 
(4) If the request is granted , the legal consequences of the failure to observe the time limit 
shall be deemed not to have ensued.  
 
Article  92. Re-establi shment of Rights (restitutio in integrum ) 
(1) The applicant for or owner  of a patent who, in spite of all due care required by the 
circumstances having been taken, was unable to observe a time limit vis -à-vis AGEPI, 
shall have his rights re -established upon request if the non -observance of this time limit  
has the direct conseq uence of causing the refusal of the patent application, or of a 
request, or the deeming of the patent application to have been withdrawn, or the 
revocation of the patent, or the loss of any other right or means of redress . 
(2) The request  must be filed in writ ing within 2 months from the removal of the cause of 
non-compliance with the time limit, but no later than 12 months following  the expiry of 
the unobserved time limit. If the respective request  relates to revalida tion of the patent  
in connection with non-payment of the annual maintenance  fee, the period of  12 
months shall be deemed to start from  the da te of expir y of the time limit  specified in 
Article  61 paragraph  (3). 
(3) The request  must state the grounds on which it is based. It shall not be deemed to have 
been  filed until the fee for re -establishment of rights has been paid . 
(4) The provisions of paragraph  (1) of this article  shall not be applicable to the time limits 
referred to in paragraph  (2) of this Article as well as in Article  15 paragraph  (6), Article  
16 paragraph  (1), Article  40 paragraph  (6), Article  41 and 42, Article  51 paragraph  (2), 
Article  57 paragraph  (1) and Article  58 paragraph  (3).  
(5) Any person who has in good faith used or made effective and serious preparations for 
using an invention which is  the subject of a published patent application or a patent in 
the period between the loss of rights referred to in paragraph  (1) and publication of the 
mention of re -establishment of those rights, may without payment of any compensation 
and within the limi ts of the existing volumes continue such use in the course of his 
business or for the needs thereof . 
 
Article  93. Fees 
(1) The proce dures  carried out  by the AGEPI in respect of patent application s and granted 
and issued patent s, specified in this Law and in th e Regulation s, shall be subject to the 
levying of patent fees . Any procedure carried out on the  basis of an application shall be 
deemed requested from the date of payment of the prescribed  fee. 
(2) Fees for the actions relating to protec tion of  inven tions, their amount  and payment 
terms shall be governed  by the Government . 
(3) Fees shall be pa id by the applicant, the patent owner  or by any other natural or legal 
person  concerned . 
(4) Fees for maintenance  of a patent  and a supplementary protec tion certificate shall be 
paid for each year  calculated from the date of filing of the applicatio n and for each year  47 of effectiveness of the certificat e following the procedures specified in the Regula tions 
on Fees. 
(41) The annual maintenance fees for a validated European p atent shall be paid with the  
AGEPI for the years following the year in which the mention of the issuance of the 
European  patent has been published by the EPO. If the annual fees for the European 
patent are due within 2  months from the date on which the men tion of the grant of the 
European patent has been  published, these fees shall be deemed validly paid if the 
payment was made within that period . 
(5) Paid fees , excep t for the fee  for filing of a patent  application , shall be repaid to the 
payer  upon his app lication , where  the proce dures  or actions for which they were paid 
did not take place . 
(6) The fee paid in an amount below the established rate shall be taken into account only 
upon payment of the difference, and the procedure shall start upon payment of t he full 
fee. 
(7) Where urgent execution of the procedures  for substantive examination and search  is 
requested, the fees payable for the urgency shall increase by 100% as compared to the 
established fee for the respective procedure, and the term for the exe cution of the 
respective actions shall decrease by half.  
(8) Opposition s and appeals of the central and local public authorities shall be examined 
free of charge where they act in the interests of the state or in the public interests.  
 
Article  94. Hearing of Litigation  
(1) The Appeals Board  of the AGEPI shall hear litigation  with respect to : 
a) the grant or rejection  of a patent application ; 
b) the grant or refusal of any priorit y right ; 
c) division of a patent  application ; 
d) withdrawal of a patent  application  or renun ciation of a patent ; 
e) limita tion of patent protec tion; 
f) re-establishment of rights . 
(2) The Chisinau Court of Appeals shall hear litigation in accordance with the competence 
specified in the Civil Procedural Code.   
 
Section 2  
Information  
Article  95. Regist ers 
(1) AGEPI  shall keep the National Register  of Patent Application s, the National Register 
of Short -Term Patent Applications, the National Register of Patents  and the National 
Register of Short -Term Patents  which shall contain those particulars the registration of 
which is provided for by this Law and by the Regulation s. The register  keeping rules 
shall be specified in the Regulations . 
(2) The National Register of Patents  and the National Register of Short -Term Patents  shall 
be open to public inspection . Entries in the Na tional Register of Patent Applications  48 and the National Register of Short -Term Patent Applications shall be deemed 
confiden tial up to  the publication of the patent  application . 
(3) AGEPI may upon request and subject to the payment of the prescribed fee issue 
extracts from regist ers, subject to compliance with the provisions of p aragraph  (2). 
 
Article  96. Public Inspect ion 
(1) The files relating to patent applications which have not yet been published shall not be 
made available for inspection without the consent of  the applicant . 
(2) Any person who can prove that the applicant for a patent has invoked the rights under 
the patent application against him may subject to obligation to keep confidentiality  
obtain inspection of the files before  the publication of that applica tion and without the 
consent of the applicant . 
(3) After  the publication of the patent application, the files relating to such application and 
the resulting patent may be inspected on request, subject to the restrictions laid down in 
the Regulations . 
(4) Even before the publication of the patent application, AGEPI may communicate to 
third parties or publish the particulars  specified in the Regulations . 
(5) Assignment, license, pledge and franchise contracts or other documents attached to  the 
application for the registr ation of such contracts shall be made available for public 
inspection  only if there is express agreement of the contracting parties or pursuant to a 
court decision,  except as provided by  the legislation in force . 
 
CHAPTER  VIII  
TRANSIT IONAL  AND FINAL PROVI SIONS  
Article  97. Entry  into Force  and Applicabilit y 
(1) This L aw shall enter into force  at the expiration of 3 months from  the date of its 
publication , except for Articles 75, 76, 77 and 78 to be published with the entry into 
force of the corresponding amendm ents made in the Civil Procedural Code . 
(2) The following shall be abrogated on the da te of entry into force of this Law: 
a)  Law No. 461 -XIII on Patent s for Inven tion of May 18, 1995;  
b) Article  12 and Article  13 of the Law No. 412 – XIV on Animal Breeding of May 27, 
1999.  
(3 This Law shall not prejudice the patent s and utility model registration certificates 
granted and valid  on the territory of the Republic of Moldova before entry into force 
thereof , as well as the utility model registration renewal procedure . The provisions  relating 
to the maintenance, surrender, limitation, revocation of patent, anticipated forfeiture of  
rights of the patent owner and re -establishment of rights shall apply mutatis mutandis  to 
the utility model certificate . 
(4) This L aw shall not apply to patent application s and application s for the registration of 
utilit y models in respect of which the procedure  under taken  in accordance with  the Law 
No. 461 -XIII on Patents for Invention of  May 18, 1995  and the Provisional Regulations on 
the Protec tion of Industrial Property in the Republic of Moldova approved by the 
Government Decision No. 456 of July 26, 1993  has not been completed .  49 (5) The p rovisions  referre d to in paragraph  (2) s hall apply to patent s and utility model 
registration certificates in respect of which  opposition proceedings are underway or the 
period for opposition has not yet expired as o n the da te of entry  into force  of this L aw. 
 
Article  98. Implementation of This Law 
Within 3 months following the entry into force of this Law, t he Government : 
- shall submit to Parliament proposals to adapt the current legislation to this Law, including 
proposals to amend the Civil Procedural Code ; 
- shall adapt  its regulat ory texts  to this Law. 
 
CHAIRMAN OF THE PARL IAMENT  *