Unofficial translation  
from Romanian language  
Republic of Moldova Government  
 
DECISION  
amending and supplementing the Regulations  on the Procedure of Filing and Examination 
of a Patent Application and of Issuance  of a Patent  
 
No. 406 of 06.06.2017  
 
Official Gazette No. 181 -189/495 of 09.06.2017  
  
* * *  
The Government DECIDES : 
The Regulations  on the Procedure  of Filing and Examination of a Patent Application and 
of Issuance of a Patent , approved by the Government Decision No.528 of 1 September 2009  
(Official Gazette of the Republic of Moldova, 2009, N o. 138 -139, art. 593) , with further  
amendments and supplements , shall be amended and supplemented as follows:  
1) in point  1, the words “Industrial Property ” shall be replaced  by the words “Intellectual 
Property ”, the words “and Eurasian ” shall be excluded , and after the words “receiving Office”, 
the text “ the procedure for validation of the European patent in the Republic of Moldova” shall 
be introduced;  
2) the amendment shall be  made  in the Russian version;  
3) point  2 shall finally be sup plemented by  the sentence “The technical character of the 
invention shall be  determined  by the presence of the technical feature s which can be 
characterized by physical, chemical, biological parameters or other parameters that can be 
measured and assessed .”; 
(4) in point  3: 
letter a) shall have the following content : 
“a) a product - device, substance, strain of microorganisms, plant or animal  cell culture ; 
devices include  machines, apparatuses, instruments, mechanisms, machine parts, tools , 
aggregates, electrotechnical and electronic apparatus es and circuits, individually or 
constructively and/or functionally linked in some systems , as well as control and protection 
systems, software equipment, algorithm/program -physical structure, algorithm/ program -process 
combinations , building elements, furniture, household objects, toys, etc.;  
substances include chemical  substances , which may be individual compounds, 
compositions, pharmaceutical and phytopharmaceutical  product s, as well as biological materials, 
mixtures , etc.”; 
5) in point  4, the words “for pharmaceutical purposes ” shall be introduced  after the text 
“(natural or synthesized) ”; 
6) point  10 shall be supplemented by  the letter f), with the following content : 
“f) by online fil ing via the e -AGEPI service. ”; 
7) point  16 shall finally be supplemented by  the following sentence: “A patent 
attorney /representative shall be empowered to represent the applicant/ owner until the expiration 
of the term of validity of the power of attorney or until the termination of his/her powers is 
communicate d to the AGEPI by the applicant /owner.” 
8) in point  17: 
in the first sentence, the text “2 months ” shall be replaced by “3 months ”; 
it shall finally be supplemented by  the text “and the materials submitted only under the 
signat ure of the patent attorney/representative shall be deemed not to have been filed” ; 9) point  24 shall finally be supplemented by  the following sentence: “In case of 
appointment of a new patent attorney /representative, AGEPI shall send correspondence to 
him/her from  the moment  of requesting the change of the address for correspondence .”; 
10) in point  32, the word “grant ” shall be replaced by the word “issuance” ; 
11) point  36 shall finally be supplemented by  the text “in the totality of  its essential 
feature s and, where appropriate, their constructive and functional relationship s”; 
12) in point  43: 
the word “grant” shall be replaced by the word “issuance”;  
in letter  (e), the words “as the case may be”  shall be deleted ; 
in letter  (i), the word “invoked ” shall be replaced by the word “claimed ”; 
letter l) shall have the following content : 
“l) a reference to the initial application  from which the divisional application resulted ”; 
in letter  m), the word “to the application”  is introduced  after the word “related ”; 
13) point  63 shall have the following content:  
“63. The title of the invention which relates to the use of a product or process shall  
include  the indication of the destination according to which the product or process according to 
the invention is used.”; 
14) in point  72, the word  “grant” shall be replaced by the word “issuance” ; 
15) in point  107, after the first sentence is introduce d the text “In drafting  the independent 
claim, the words  “contains ”, “consists of ”, “is constituted  of” shall be used, if the product or 
process does not contain any other additional elements. In the case of use in the claims of the 
words “include s”, “comprises ”, the product or process may contain additional elements, in 
addition to those indicated in the claim. ”; 
16) in point  148, the words “fees for service s” shall be replaced by the words “classified 
list of service s”; 
17) in point  150, the words “which is the regular national filing ” shall be in troduc ed after 
the words “of the previous application ”; 
18) in point 152:  
after the word “certificate ” shall be introduced the text “ , , which shall be filed within 3 
months following  the filing date of the applica tion and ”; 
in letter  (e), the words “drawn up in the state language ” shall be deleted;  
19) in point  154, the last sentence shall have the following content : “The statement shall 
be justified by a certificate, which shall comply with the conditions set out in points 152 and 153 
of this Regulations .”; 
20) in point  162, the text “The procedures for  substantive examination, search  or 
publication of the patent appli cation ” shall be replaced by “The procedures for s ubstantive 
examination or search” ; 
21) in point 165, after the acronym “AGEPI ” shall be introduced the text “prior to  the 
date of delivery  of the decision to grant a patent or to re fuse the application ”; 
22) in point  167, the first sentence shall  have the following content : “The search for a 
patent application shall be carried out  within six months from  the date of filing of the request for 
search  by the applicant or by any person  concerned , with the drawi ng up  of a search report or a 
search report with a written opinion on patentability , subject to payment of the prescribed fee .”; 
23) in p oint 168, in the first sentence, the words “shall be drafted ” shall be replaced by 
the words “shall be drawn up ”, and after the words “the search report” shall be introduced the 
words “ or the search report with a written opinion on patentability ”; 
24) in point  170, the words “for the purpose of establishing the filing date” shall be 
deleted;  
25) point  175: 
in the first pa ragraph,  after the words “of the formal examination” shall be introduced the 
words “ or the date of constitution of the regular national filing ”; 
in letter (a), the text “A rticle 33 ” shall be replaced by the text “ Articles 32, 33 and 86 ”; in letter  b), after the text “Rules 32 -138” shall be introduced the text “ and Rules 142-146”; 
shall be supplemented by letter j) with the following content:  
“j) if the content of translation of the documents submitted  in accordance with Article 32 , 
paragraph (3), of the Law is identical to the content of the documents submitted  in another 
language on the filing date of the application ”; 
26) in point 176:  
the word “the filing”  shall be replaced by the word “the materials ”; 
shall finally be supplemented by the following sentence: “ Where  it is revealed  that the 
translation submitted under Article 32 , paragraph (3), of the Law does not correspond to the 
content of the documents submitted on the filing date of the application , the applicant shall be 
notified of the need to submit  the certified translation with in 3 months from the date of dispatch 
of the notification, otherwise the application shall be  refused. The applicant has the right to file a 
new patent application bas ed of the submitted translation, claim ing the priority to submit the 
translation of the patent application. ”; 
27) point s 179 and 181 shall have the following content:  
“179. If the application  contains more than five claims and the additional fee for each 
claim exceeding five has not been paid, the applicant shall be  notified of the need to pay the fee 
for the uncovered claims or to submit  the set of claims which is covered by the paid fee . 
Otherwise, claims exceeding the number of claims covered by the paid fee shall be deemed to be 
abandoned and shall  be excluded from publication. ”; 
“181. If the applicant fails to reply  in due time to the notification, presents an incomplete 
response , fails to submit the required materials , fails to file  a request for extension of the said 
time limit , AGEPI shall suspend the procedure , notifying the applicant of such fact and giving 
him the opportunity to re -establish the omitted time limit  within 6 months from the date of 
expiry thereof , with the payment of the fee prescribed pursuant to  Government Decision No.774  
of August 13, 1997 . If, prior to  the expir y of the said time limit , the applicant fails to  file a 
request for re -establishment of the omitted time limit , with the submission of the response  and 
the proof of payment of the corresponding fee, the applicatio n shall be deemed to be withdrawn, 
such fact  being notified to the applicant. ”; 
28) point 182 shall finally be supplemented by the following sentence: “If the additional 
material s amend  in whole or in part the essence of the invention and /or do not meet the 
requirements laid down in  the Regulations , the applicant shall be notified that, upon 
examination, such amendment s will not be fully taken into account or in the part that does not 
comply with the requirements .”; 
29) in Chapter III, the title of Section 3 shall have the following content:  
“Section 3  
Decision on the Refusal of a  Patent Application  
at the Stage of the Preliminary Examination ”; 
30) point s 186, 192 and 193 shall have the following content:  
“186. Where the patent application and related documents fall under the provisions laid 
down in Article 6 , paragraph (2), Art icle 7, Article 12 , paragraph (3) or do not meet  the 
requirements laid down in Article 32 , paragraph (3), A rticle 33, paragraph (9) and (10), Articles 
48 and 86 of the Law, the decision to re fuse the patent application shall be adopted, accompanied 
by the corresponding  ground s.”; 
“192. For the publication of the patent application before the expiry of the time limit  
referred to  in Article 49 , paragraph (1) , of the Law, the applicant shall file a request to this effect 
before the expir y of 15 months from the date of filing or, as the case may be, of priority of the 
application.  
193. The publication of the patent application before the expiry of the prescribed time 
limit  shall be made within 3 months from the filing date of the request for publication and the 
payment of the prescribed fee. ”; 31) in point 198, the words “ in emergency  regime”  shall be substituted by the words 
“before the expiry of the period referred  to in Article 49 , paragraph (1) , of the Law”; 
32) point  201 shall have the following content:  
“201. AGEPI shall make available to the public the application materials publis hed in 
BOPI on its official website. ”; 
33) in point  208, letter g) shall have the following content:  
“g) checking of the correctness of recogni tion of  the priority claimed, where appropriate ;” 
34) in point 210 in the first sentence, after the words “shall be carried out”  shall be 
introduced the words “after completion of the preliminary examination, ”; 
35) point  223 shall have the following content:  
“223. Any notification of the AGEPI delivered  in the course of the  application 
examination  procedure extends t he examination period for a period equal to the period  elapsing 
from  the date of dispatch of the notification to the date of receipt of the re sponse  or if the 
response has not been submitted, to the date accorded for the submission of the  response , as the 
case may be .” 
36) in p oint 224, after the words “ The filing of the patent application” shall be 
introduced the words “ which has the value of a regular national filing ”; 
37) point  244 shall have the following content:  
“244. A divisional application filed a fter the date of dispatch of a decision on the initial 
application shall be deemed not to have been filed. ”; 
38) in point  245, the words “of an application or” shall be replaced by the words “of an 
application and”; 
39) in point 246:  
letter b) shall finally be supplemented by the words “by technical means ”; 
letter c) shall have the following content:  
“c) disclosure of the invention in accordance with Article 36 of the Law, so as to enable a  
person skilled in the art to carry out the  invention without undertaking an  inventive step” ; 
40) in point 247;  
letter c) shall have the following content:  
“c) the invention has as subject -matter a product or a process whose operation , 
respectively use, is obviously  contrary to the laws of physics, as is the case of perpetuum mobile  
mechanisms ”; 
shall be supplemented by letter d) with the following content:  
“d) the invention has no  technical character , does not solve a technical problem by 
technical means intended to ensure  the obtain ing of  a technical resul t”; 
41) point 248: 
in letter  (a), the word “predestined ” shall be excluded ; 
shall be supplemented by letter c) with the following content:  
“c) methods  for acti on on the human or animal body without the use of technical means 
to ensure the obtain ing of  the expected  result ”; 
42) in point  255, subparagraph 2), letter c) shall have the following content:  
“c) European patent applications for which the validation fee has been paid and which 
have been published , and validated European patents ”; 
43) in point  257, the words “shall be taken into consideration”  shall be replaced by the 
text “ , the minimum collections of documents consulted shall include the MD, EA and EP 
databases , according to  Article 52 , paragraph  (2), of the Law, and”; 
44) p oint 260 shall be supplemented by the following sentence: “For each citation  shall 
be indicated  the claim s of the patent application to which it relates, the degree of relevance of the 
cited document by the symbols used by the international search ing offic es and, where 
appropriate, the relevant parts of the documents cited.”; 
45) p oints 261 and 265 shall have the following content:  “261. The written opinion accompanying the search  report, according to the provisions of 
Article 18 , paragraph  (2), and Article 50 of the Law, shall contain a concise assessment of the 
novelty, inventive step and industrial applica tion of each claim of the patent application as well 
as explanations on the relevance of the documents cited in relation to the correspondin g claims. ”; 
“265. In determining novelty of an invention, only one document in the prior art, namely  
the one considered to be the closest to the claimed invention, shall  be taken into consider ation . In 
this respect, the combination of two separate elements  of the prior art and the combination of two 
separate elements from two different variants described in the same document shall  not be 
allowable  unless this combination was explicitly suggested. In a unitary invention, the materials 
in the prior art shall be taken into consideration individually for each invention. ”; 
46) point 266 shall finally be supplemented by the words “ , such fact being notified to 
the applicant .”; 
47) point  289 shall finally be supplemented by the following sentence: “If the re sponse 
submitted does not meet the requirements set out in Article 32 , paragraph  (4), of the Law and 
points 33, 142 -145 of this Regulations , the applicant shall be notified of the need to remedy , 
within one month, the deficienc ies found , otherwise the response  shall be deemed not to have 
been filed.”; 
48) point 299 shall finally be supplemented by the words “ , such fact being notified to the 
applicant.” ; 
49) in point  313, the words “earlier  published ” shall be excluded ; 
50) point  325 shall have the foll owing content:  
“325. In the case of conversion of a  patent application into a short -term patent 
application, the fee difference for the procedures for examin ation of  the application shall not be 
refunded unless , at the date of filing the request  for conversion, the procedure for  substantive 
examination has not commenced. ” 
51) section 22 shall have the following content:  
“Section 22  
Opposition  
327. The request for examination of an opposition to the grant of a patent shall be 
completed  on a standard form and shall contain:  
a) the name, given name ( denomination ), address and signature of the person who has 
filed the opposition  (opponent);  
b) the name, address and signature of the representative,  where applicable ; 
c) the address for correspondence,  where applicable ; 
d) the request for examination of opposition;  
e) the number and filing date or the number of the patent against which the opposition is 
filed and the number of BOPI in which the mention of the decision to grant a patent wa s 
published.  
328. The following shall be attached to the request for examination of opposition:  
a) the well-founded opposition, with the statement  of the reasons in fact and of the legal 
grounds on which the opposition is based and its translation, where appropriate ; 
b) the proof of pay ment of  the fee prescribed pursuant  to Government Decision No.774 of 
August 13, 1997 , for filing of an opposition ; 
c) the documents mentioned by the oppo nent, as well as the additional evidence and 
arguments on which the opp osition is based,  where  appropriate ; 
d) the power of attorney,  where  appropriate ; 
e) the translation of the attached documents,  where  appropriate . 
329. In the case of an opposition to the grant of a short -term patent, the oppo nent shall, in 
addition to complying with the conditions laid down in points 327 and 328 and in Section 26 of 
Chapter II of this Regulations , also file the request  for carrying out the search  for prior art 
according to A rt.8 of the Law, with the drawing up  of a search  report accompanied by a written opinion on patentability, as well as the proof of payment of the search  fee prescribed pursuant to 
Government Decision No.774 of August 13, 1997 . 
330. If the Appeal s Board notes  that the request for examination of opposition and/or the 
attached documents do not comply with the provisions of point 327 and point 328 letter d) and 
(e) and, where applicable, point 329 of this Regulations , it shall  notify such fact to the oppo nent 
and shall  give him a period of two months to remedy the deficienc ies. If the oppo nent fails to 
remedy the deficiencies in due time , the opposition shall be deemed not to have been filed  and 
shall not be admi ssible  for examination in the Appeal s Board , and such fact shall be notified to 
the parties.  
331. If the Appeals Board finds that the documents referred to in point 328 letter a) 
and/or letter b) of this Regulations  are not annexed to the request for examination of opposition, 
it shall notif y such fact  to the oppo nent who may submit  the missing documents  within the time 
limit prescribed  for the filing of the opposition . The opposition shall  be deemed to have been 
filed at the date of submission of the missing documents in compliance with the time limit  for the 
filing  of the oppositio n. If the missing documents are not submitted within the time limit 
prescribed  for the filing  of the opposition, the opposition shall be deemed not to have been filed.  
332. If the opposition is admissible, the patent owner shall be notified  of the opposition 
filed and shall be invited to file within two months his observations and, where appropriate, the 
amendment s made to the description, claims and/or drawings.  
333. The observations  and amendment s filed by the patent owner  shall be notifie d to the 
oppo nent, offering him the opportunity to submit a reply within two months.  
334. The oppo nent may submit  within 2 months from the filing date of the opposition 
additional evidence and arguments in support of the reasons  in fact and the legal groun ds 
claimed  by him. The Appeals Board may require from  the oppo nent or patent  owner to submit 
within two months additional information necessary for examination of opposition.  
Any notification made in the examination of opposition and all replies thereto shall be 
notified to the parties, who may  submit  within two months their observations on notifications 
addressed to them  or on the communications from the other party. 
335. Where appropriate, i n the examination of opposition in defining prior  art, the 
Appe als Board may require from  the responsible subdivision of AGEPI to carry out an additional 
search, the results of which w ould make it possible to assess the patentability of the invention.  
336. If, in the course of examination of opposition, the Appeals Bo ard finds that the 
maintenance of the decision to grant a patent is possible by way of amendment s made to the 
description and claims , it shall invite the patent owner  to file within two months his observations 
on the proposed amendment s or to submit his own version of the amendments in question  
without  extending beyond the content  of the original application, the oppo nent being also invited 
to file within the same time limit his observations on the proposed amendment s. 
337. If the Appeals Board  is of the opinion  that at least one of the ground s for opposition 
provided for  in Article 57 , paragraph  (2), of the Law is well -grounded , it shall revoke the 
decision to grant a patent and shall refuse the patent application. Otherwise, it shall reject the 
opposition.  
338. If the Appeals Board  is of the opinion that , following the amendment s made by the 
patent owner  during the opposition proceedings, the patent and the invention to which  it relates 
meet  the requirements of the Law, it shall decide  to maintain the decision to grant a patent as 
amend ed and provided that  the condition s laid down in  point  336 of this Regulations  are 
fulfilled . Otherwise, it shall revoke the decision to grant a patent and shall refuse the patent 
application.  
339. Where  AGEPI decides to maintain the decision to grant a patent, it shall invite the 
applicant to pay within 2 months the fees for the issuance and maintenance of the patent for a 
period  from the filing date up to the issuance of the patent, including for the year of issuance, 
prescribed pursuant to Government Decision No.774 of August 13, 1997 . 340. The decision of the Appeals Board  to maintain the decision to grant a patent as 
amended  shall contain the text of the claim s under which the decision  was maintained . The 
mention of the decision to maintain the decision to grant a patent as amended  shall be published 
in BOPI and shall be entered in the National Register of Patents for Invention.  
341. The specification of the patent shall be issued within one  month from the  payment of 
the prescribed  fees, and the particulars concerning  the issuance of the amended patent shall be 
published in BOPI and shall be entered in the National Register of Patents for Invention.  
342. If the fees provided for  in point  399 of this Regulations  have not been paid within 
the prescribed time limit, the proce edings  for issuance and maintenance of the patent shall be 
suspended, such fact  being notified  to the owner . 
343. If the owner  fails, within six months from the expir y of the time limit provided for in  
point  339 of this Regulations , to file the request  for re-establishment of  the omitted time limit  
and the proof of payment of the corresponding fee, AGEPI shall adopt the decision to forfeit  the 
owner ’s rights deriving from  the patent, which shall be  communicated to the owner  and shall be  
published in BOPI.  
344. Documents mentioned  by a party to opposition proceedings shall  be filed in two 
copies . 
345. If the documents mentioned  by a party to the proceedings in support of the reasons  
in fact and of the legal grounds  on which the opposition is based or of the arguments claimed  are 
not attached to  the opposition filed or, at the request of  AGEPI, are not filed in due time , those 
reasons, grounds or arguments shall  not be taken into account by AGEPI.  
346. If the patent owner  has surrendered  the patent or has forfeited the rights in the  
patent, the procedure for examination of opposition may be continued at the request of the 
oppo nent, provided that it is filed within two months of a communication from  AGEPI informing 
him of  the surrender or forfeiture . 
347. In the event of the death or legal incapacity of an opponent, the procedure for the 
examination of the opposition may be continued ex officio, even without the participation of the 
successors or legal representatives. The same shall apply where the  opposition is withdraw n.”; 
52) point  348 shall be  repealed;  
53) point s 349, 350, 352 and 353 shall have the following content:  
“349. The request  for examination of  an appeal against a decision adopted by AGEPI 
shall be completed on a standard form and shall contain:  
a) the name, given name (denomination), address and signature of the appellant;  
b) the  name, address and signature of the representative, where applicable;  
c) the address for correspondence, where applicable;  
d) the request for examination of appeal;  
e) the number and filing date or the number of the patent to which the appeal relates.  
350. The following shall be attached to the request for examination of appeal:  
a) the well-founded  appeal, with the statement  of the reasons in fact and of the legal 
grounds on which the appeal  is based , as well as the evidence and arguments in support of thos e 
reasons;  
b) the proof of payment of the fee prescribed pursuant to Government Decision No.774 of 
August 13, 1997  for filing of an appeal ; 
c) the power of attorney, where appropriate;  
d) the copies of the relevant materials. ”; 
“352. The appeal filed shall be examined in accordance with the Regulation  on the 
Organization and Functioning of the Appeals Board  in the Field of Intellectual Property and the 
Procedure for Examination of Appeals, approved by the Government Decision No. 257 of April 
2, 2009  (Official Gazette of the Republic of Moldova, 2009, No. 69 -71, Art icle 311), with 
subsequent amendments  and supplement s, and with Article 59 of the Law. 
353. Following the examination of appeal, the Appeals Board may adopt  one of th e 
following decisions:  a) to re fuse an appeal, while maintaining the appealed  decision in force;  
b) to partially or fully admi t an appeal, having the revocation or amendment  of the 
adopted decision;  
c) to remit the case to the AGEPI examination subdivision whose decision was appealed 
for further prosecution .”; 
54) in point  355, the word “took” shall be replaced by the word “ adopted ”, and the text “ , 
in so far as the facts are the same”  shall be excluded;  
55) in point  356, the words “by the examiner who was responsible for the  decision 
appealed or” shall be excluded;  
56) in point  358, after the words “on the basis of ” shall be in troduc ed the word “the 
results”,  and the words “shall be drafted ” shall be substituted by the words “shall be drawn up ”; 
57) in point  359, the word “appellant”  shall be replaced by the word “parties ”; 
58) in point  361 in the second sentence, the after word “court” shall be in troduc ed the 
words “remained final and irrevo cable” ; 
59) in p oint 375, the word “ published ” shall be exclud ed; 
60) in point  386, the word “fascicle ” shall be replaced by the word “specification”,  and 
the after the text “(title sheet)” shall be inserted words “containing the bibliographic data and the  
abstract” ; 
61) point  388 shall finally be supplemented by  the following sentence: “The maintenance 
fee shall be paid for each year of protection until the first day of that year of validity. ”; 
62) point s 395 and 400 shall have the following content:  
“395. The search shall be carried out pursuant to  Section 12 of this Chapter for the 
purpose of establishing  whether the subject -matter of the short -term patent is not comprised in  
prior  art and whether it meets the requirements of Article 12 of the Law. The search report 
pursuant to points 258 -261 of this Regulations shall be drawn up on the basis of the carried out 
search.” ; 
“400. For the utility model certificate , registered and issued in accordance with the  
Provisional Regulations  on the Protection of Industrial Property in the Republic of Moldova, 
approved by the Government Decision No.456 of July 26, 1993 , the provisions of this 
Regulations  relating  to the maintenance, surrender , limitation, cancellation, anticipated forfeiture  
of rights of the owner  and re -establishment of rights shall apply mutatis mutandis .”; 
63) in point  402, the words “substantive examination and search report”  shall be replaced 
by the text “search report , accompanied by a written opinion on patentability ”; 
64) in point 403, first  paragraph , after the word “owner(s)” shall be introduced  the words 
“and completed  on a standard form ”; 
65) in point  408, the word “reprinting ” shall be replaced by the words “printing and 
issuance”,  and the words “a new fascicle”  shall be substituted by the words “a new 
specification” ; 
66) in point  411, first  paragraph, after the words “for limitation of patent ” shall be 
introduced the words “shall be completed on a standard form and ” 
67) in point  418, the words “a new fascicle”  shall be replaced  by the words “a new 
specification”,  and after the word “ the printing” shall be introduced the words “and issuance” ; 
68) in point  419, the words “The printed fascicle ” shall be replaced by the words “The 
reprinted specification”,  and the words “for reprinting ” shall be substituted by the word 
“prescribed ”; 
69) in point  420, after the word “printing” shall be introduced the words “and issuance”,  
and the words “a new fascicle”  shall be substituted by the words “a new specification” ; 
70) in point 424, letter  (c) shall be abrogated;  
71) in point  425, the words “shall be entered in the Register of Issued Decisions”  shall be 
exclud ed; 
72) in Chapter IV, the title of Section 1 shall have the following content:  
“Section 1  Application for Grant of a C ertificate ”; 
73) in point  426, the word “a certificate ” shall be replaced by the words “for the grant  of 
a supplementary protection certificate ”, and the words “and phytopharmaceutic al” shall be 
replaced by the word s “or phytopharmaceutical” ; 
74) p oints 427 and 428 shall have the following content:  
“427. The application for grant of a certificate shall  contain:  
a) an express request for the grant  of a certificate;  
b) the name or address of the applicant;  
c) the name and address of the represent ative, where appropriate ; 
d) the number of the basic patent and the title of the invention;  
(e) the name of the product;  
(f) the description of the product, in particular the relation  to the basic patent;  
g) the number and date of the authorization to plac e the pharmaceutical or 
phytopharmaceutical product  on the market . 
428. The application for the grant of a certificate shall  be accompanied by:  
(a) a copy of the authorization  to place on the market , identif ying the authorized 
pharmaceutical or phytopharmaceutical product;  
(b) an abstract of the characteristics of the pharmaceutical or phytopharmaceutical 
product;  
c) proof of payment of the fee for filing  the application for the grant of a certificate, 
prescribed pursuant  to Government Decision No.774 of August 13,1997 .”; 
75) in point 429, the word “a certificate ” shall be replaced by “for the grant of a 
certificate” ; 
76) in point 430 letter (c), the words “of the pharmaceutical and phytopharmaceutical 
product : shall be replaced by the words “of the pharmaceutical or phytopharmaceutical product ”; 
77) in point  431, the words “the applications for a certificate ” shall be replaced by the 
words “the application s for the grant of a certificate ”; 
78) in point 432:  
the word “a certificate ” shall be replaced by the words “for the grant  of a certificate ”; 
letter a) shall finally be supplemented by the words “for the grant  of a certificate ”; 
79) in points 433 and 434, the word  “a certificate” shall be replaced by the words “for the 
grant of a c ertificate” ; 
80) shall be supplemented by point 4341 with the following content:  
“4341. For the request for examin ation  of opposition against the grant of a supplementary 
protection certificate, the provisions of points 327 and 328 of this Regulations  shall apply 
mutatis mutandis .”; 
81) p oints 436 -438 shall have the following content:  
“436. If the opposition is well -founded, the decision to reject the application for the grant 
of a certificate shall be  adopted, otherwise the opposition shall be  rejecte d. The adopted decision 
shall be communicated to the parties and shall be published in BOPI within 2 months from the 
date of adoption.  
437. The decision of the Appeals Board  may be appealed  by the parties in the courts 
within two months from the date of delivery  of the decision.  
438. If no opposition has been filed  at the expiry of the time limit referred to in p oint 434 
or if any  opposition filed has been rejected, the decision to grant the supplementary protection 
certificate shall be adopted, which  shall be communicated to the applicant. ”; 
82) in point 440 letter f), the words “and phytopharmaceutical ” shall be replaced by the 
words “ or phytopharmaceutical ”; 
83) in p oint 442 letter a), the text “point 4 41 of th e present  Regulations ” shall be replaced 
by the text “ in Article 69 , paragraph s (2) and (3) , of the Law”; 
84) Chapter V shall have the following content:  
“Chapter V  EUROPEAN PATENT APPLICATION  AND VALID ATED  EUROPEAN PATENT  
444. AGEPI shall publish any  request  for validation in the Republic of Moldova of the 
European patent application and the European patent issued on the basis of such a request and 
enter it in the National Register of Patent Applications within 3 months after it has been 
informed by the European Patent Offic e (hereinafter “EPO”) that the prescribed validation fee 
has been paid , but not before the expir y of a time limit of 18 months from the filing date of the 
European patent application or, if a priority has been claimed, the earliest priority date.  
445. The request  for validation shall be entered in the National Register of Patent 
Applications , in the compartment  “European Patent Applications ”, by assigning a filing  number 
and keeping the filing date of the European patent application.  
446. The publication in BOPI of the request for validation in accor dance with point 444 
of the present  Regulations  shall include the following bibliographic data relating to the European 
patent application furnished  by the EPO:  
a) the number and date of filing of the European patent application;  
b) the number and date of publication of the European patent application;  
c) the number and date of publication of the international application, where appropriate ; 
d) the indexes of classification of patents;  
e) information  on the priority claimed,  where appropriate ; 
f) information identif ying the applicant s), inventor(s);  
g) the title of the invention.  
447. If, following the publication of the request for validation , the European patent 
application has been finally  refused, withdrawn or deemed withdrawn, the request for validation 
shall be deemed withdrawn , and AGEPI shall publish such information within 3 months after it 
has been informed by the EPO and enter it in the National Register of Patent Applications , in the 
compa rtment  “European Patent Applications ”. 
The publication shall include the following data:  
a) the number and date of  filing of the European patent application;  
b) the number of BOPI in which the request  for validation of the European patent 
application was published;  
c) the fact of withdrawal of the request for validation and, where appropriate, the reason 
for the withdrawal;  
d) the date of withdrawal of the  request for validation . 
448. In accordance wit h the provisions of Article 441, paragraph  (3) of the Law, in order 
to grant provisional protection to a published European patent application, AGEPI shall make 
available to the public the translation into the state language of the claims of the European p atent 
application within 3 months from  the date of filing  by the applicant of a request in this respect, 
drafted on a  standard  form approved by AGEPI, a translation of the claims and the proof of 
payment of the prescribed  publication fee.  The publication referred to in this point shall include 
the publication in BOPI of the bibliographic data relating to the European patent application and 
the making available to the public, on paper and in electronic form , of the translation into the 
state language of the claims of the European patent application.  
449. The fee for publication of the translation into the state language of the claims of the 
European patent application shall be paid at the same time as  the translation is furnished  or 
within 3 months from that date, otherwise the request for publication of the translation into the 
state language of the claims shall be deemed not to have been filed . 
450. A European patent application for which the validation fee has been paid and which 
has been rejected, withdrawn or deemed withdrawn may be converted into a patent application or 
a short -term patent application by filing with  the AGEPI a request for conver sion drafted on a 
standard form approved by AGEPI, a copy of the European patent application and its translation 
into the state language, and the proof of payment of the prescribed  fee. The request for conversion shall be accompanied by the applicant repre sentation power of 
attorney , where appropriate, the search  report prepared by the EPO or by an international 
searching  authority.  
451. In all actions before AGEPI, the owner s shall be  represented by a patent attorney  
empowered by a power of attorney . 
452. A European patent application converted into a national patent application shall be 
published in BOPI prior to  the expir y of the period of 6 month s from the filing date of the 
request for conversion, but not before the expiry of a period of 18 months from  the filing date of 
the European patent application or, if a priority has been claimed, from the date of the earliest 
priority.  
453. AGEPI shall publish the translation into the state language of the specification  of the 
validated European patent (descript ion, claims, drawings and abstract  of the European patent) 
filed in accordance with Article 422, paragraph  (6), of the Law, within 3 months from the date of 
filing with the AGEPI of the request for publication drafted on a standard form approved by 
AGEPI and payment of the prescribed publication fee , and shall enter  the validated European 
patent in the National Register of Patents , in the compartment  “Validated European Patents ”. 
454. AGEPI shall publish the translation in the state language of the validat ed European 
patent, amended  following the opposition or limitation procedure with the EPO, filed in 
accordance with Article 422, paragraph  (7), of the Law, within 3 months from the date of filing 
with the  AGEPI of a request in this respect, drafted on a standard form approved by AGEPI, a 
translati on of the amended claims and payment of the prescribed publication fee  and shall enter  
the amendments of the validated European patent in the National Register of Patents , in the 
compartment  “Validated European Patents ” . 
455. The fee for publi cation of  the translation into the state language of the documents 
referred to in points 453 and 454 of this Regulations  shall be paid at the same time as  the 
translation is furnished  or within 3 months from that date , otherwise the request for publication 
of the translation in to the state language of the said documents shall be  deemed not to have been 
filed. 
456. The publication referred to in points 453 and 454 of this Regulations  shall include 
the publication in BOPI of the bibliographic data relating to the validated European patent and 
the making available to the public, in electronic form , of the translation in to the state language of 
the European patent  specification , where appro priate, of the amended claims filed pursuant to 
Article 422, paragraph s (6) and (7) , of the Law. 
457. AGEPI shall, a ccording to Art.442, paragraph (9) , of the Law, issue to the owner, 
upon request and subject to the payment of the prescribed fee , a certificate on the validation of 
the European patent within 2 months from the date of publication of the translation referred to in 
point 456 of this Regulations . The certificate shall include the diploma of certificate , signed by 
the Director General of AGEPI, to which is attached the title page containing the bibliographic 
data and the abstract, and the translation into the state language of the European patent  
specification , comprising the description, the claims, the drawings and, where appr opriate , the 
search  report.  
458. The p ublication of the corrected translation of the claims of a published European 
patent application or a validated European patent specification in accordance with Article 4 43, 
paragraph (3) , of the Law shall be made within 3 months of the filing of a request to that effect, 
drafted on a form approved  by AGEPI , a corrected translation and payment of the  prescribed  fee 
by publi cation in  BOPI of the bibliographic data relating to the corrected validated Eu ropean 
patent application or patent and making available to the public in electronic form of the corrected 
translation.  
459. The publication of the translation of the documents filed in accordance with Article 
411, paragraph (3), Article 442, paragraphs (6 )-(8), and Article 443, paragraph (3) , of the Law 
shall be made in the version presented by the owner. AGEPI shall  not verify the translation of 
the filed documents.  460. If the validated European patent is deemed  void ab initio  under Article 442, 
paragraph  (10), of the Law, AGEPI shall publish in BOPI and enter  in the National Register of 
Patent s, in the compartment “Validated European Patents ”, the relevant information within 3 
months from the expir y of the period of 6 months from the publication by the EPO of the 
mention of the issuance of the European patent or of the mention of the decision to maintain the 
European patent in amende d form or to limit the patent.  
461. The maintenance fees for a valid European patent s hall be paid with the  AGEPI for 
each year calculated from the filing date of the European patent application for the years 
following the year in which the mention of the issuance of the European patent has been  
published by the EPO, being performed until t he beginning of each respective year.  
If the patent maint enance  fee is not paid within the prescribed time limit , it may still be 
paid within a period of 6 months from the date of  expiry of the prescribed time limit, provided 
that a 50% surcharge is paid . If the maintenance fee is not paid within the prescribed additional 
period , the owner shall be  deprived of the rights deriv ing from the patent.  
If the annual fee for a European patent is due in the period between the date of 
publication of the mention of  the grant of the European patent and the date of filing with  the 
AGEPI of the translation into the state language of the European patent  specification , the owner 
shall pay the prescribed maintenance fee at the same time as he files the translation of the patent 
specification, without pay ment of  an additional fee. Otherwise, the provisions of the above 
paragraph shall apply. ”; 
85) in point  469, letter c) shall be repeal ed; 
86) in p oint 477, the words “and search  fee” shall be exclud ed, and the words “a search 
copy shall be transmitted ” shall be replaced by the words “ a search copy and the search  fee shall 
be transmitted ”; 
87) point s 482 and 483 shall have the following content:  
“482. The national phase shall begin prior to  the expir y of the period of 31 months from 
the date of filing or priority of the international application, provided that the request  for opening 
of the national phase drafted  in the state language on a form approved by AGEPI, a copy of the 
international application and the translati on thereof  into the state language  are submitted . 
483. The copy of the international application and its translation into the state language , 
including the description of the invention, the claims, the drawings, where applicable, and the 
abstract, shall be furnished  in the version in which the international phase was finished . If the 
claims have been amended  by virtue  of Article 19 of the PCT, the claims both as filed and as 
amended shall be  filed in the form of a translation of the complete  set of claims furnished  
pursuant to  Rule 46.5(a) of the Regulations under the PCT, accompanied by  a letter which shall 
identify the amended  claims  and shall indicat e the references in the application as filed on the 
basis of which the amendments were introduced .”; 
88) in  point 484:  
after the first sentence shall be introduced the following sentence : “The fee for opening of 
the national phase shall be paid for the set of claims with  which the international phase was 
finished .”; 
in the last sentence, the words “shall be deemed to be withdrawn ” shall be replaced by the 
words “ shall be re fused”; 
89) in p oint 485, the word “grant ” shall be replaced by the word “issuance” ; 
90) in point 49416, after the words “filing date”  shall be in troduc ed the text “ ,  the date of 
opening of the national phase or the date of filing of the documents in the European patent 
validation procedures ”; 
91) in point  502, the text “ within two months from the regular national filing date without 
payment of the fee, and after the expiry of two month s,” shall be excluded;  
92) point 503 shall finally be supplemented by the following paragraph:  
“The additional material s shall be filed on substitution sheets . If the additional material s 
refer to the amendment  of the claims, a letter shall be attached to the su bstitution sheets indicating the claims  as amended , the excluded claims as filed  and the elements of the 
application materials as filed  on which the amendments are based according to  the furnished 
additional materials .”; 
93) in p oint 504, the text “ but which may serve as a basis for establishing  the priority of 
the invention ” shall be excluded;  
94) in p oint 506, the text “in a free form ” shall be replaced by the words “ on a standard 
form approved by AGEPI ”; 
95) in p oint 509, the words “written in a free form ” shall be excluded,  and the words 
“abandoned and re fused” shall be replaced by  the word “ withdrawn ”; 
96) in p oint 510, the words “To  the request for re -establishment of the time limit”  shall be 
replaced by the words “To  the request for  re-establishment of the omitted time limit” ; 
97) point 519 shall finally be supplemented by the following paragraph:  
“Upon  calculati on of the time limit set in days, the working days shall be taken into 
account. ”; 
98) in point 523:  
letter a) shall finally  be supplemented by the words “number of the patent ”; 
letter q) shall finally be supplemented by the words “and the term of validity thereof” ; 
letter r) shall have the following content:  
“r) date of forfeiture of rights  and date of re-establishment  of rights ”; 
shall be supplemented by letter t), with the following content:  
“t) for validated European applications and patents, their bibliographic data furnished  by 
the EPO shall be indicated ”. 
 
 
 
PRIME MINISTER                                                   Pavel FILIP  
  
Countersign:  
Deputy Prime Minister, Minister of Economy         Octavian Calmic  
  
 
No.406. Chisinau, June 6, 2017.  
 