Patent Act of the Pridnestr-Moldovian Republic,
February 18, 2000, No.249-3

The Patent Act includes the protection of inventions, utility models and designs (article 2). A patent has a duration of 15 years starting from the filing date and may be extended. The duration of a utility model is of 10 years starting from the filing date and with a possible extension of no more than 3 years. A design lifetime is 5 years with a possible extension of no more than another 5 years term. The scope of protection for an invention and a utility model depends upon the claims and for a design upon the sum of the essential features shown on the photos or drawings. An invention has to be new, inventive and industrially applicable. Worldwide novelty is required, inclusive earlier filed application for inventions and utility models. A six months grace period is provided. Patentable are apparatus processes, compounds and compositions, micro-organisms, cell cultures of plants and animals and uses of known objects for new purposes. Excluded are the usual topics inclusive computer programms, aesthetic solutions and topologies. New plants and animals are protected by a special law whereby patents on selective inventions are equivalent to patents on inventions. As for utility models, protectable are constructional realisations of means for production or use and their basic parts. A utility model has to be new and has to be industrially applicable. Not protectable as utility models are processes, substances, micro-organisms, cell cultures of plants and animals and uses of such objects. Designs are artistic-constructional solutions of an article determining his outer appearance. The design has to be new, original and industrially applicable whereby the novelty depends upon the entirety of the essential features which are determining the aesthetic or ergonomic features of the item. The features should not have technical functions. These rights are granted to the inventors, to juridical persons or to the employers. It is regulated how the rights of the inventors are assigned to their employers: a compensation has to be paid and the terms about the amount and time of payment are fixed. A patent application has to be filed at the Patent Office with a request, description, claims, eventually drawings and summary. A fee has to be paid. A utility model application has to meet the same requirements as a patent application. A design application may include photographs of the article, a model or figure with all the details showing the appearance of the article, drawings of the article, ergonomical scheme or confection of the object if necessary, and finally the entirety of essential features. All the documents have to be written in one of the governmental languages which are Russian, Moldovian or Ukrainian. A claim for a priority according to the Paris Convention is accepted (however, the priority term is only six months!). A corresponding request has to be filed together with the application. The term may be extended up to 2 months. Patent applications on inventions are formally examined within two months after the filing. If additional documents are filed which are changing the essence of the invention, these documents are rejected and may be filed as divisional application. The application may be rejected if the invention contains non-patentable matter. An appeal is possible within a two-months term to the Board of Appeal at the Patent Office. In case the application infringes the unity of the invention, the applicant may file a divisional application within a two-months term. If the applicant does not react, the first claim will be examined. If there is no action taken on a request of the Patent Office, the application is deemed to be withdrawn. In case of a positive result of the examination, the patent is granted. The Patent Office publishes a notice about the patent within six months after the priority date. After the publication an inspection of the file is possible. On request of the applicant or third party within six months after the priority date the Patent Office may examine the application and check the patentability of the invention. A utility model is examined formally as well as to the question whether the subject is protectable; in a positive case the utility model is granted and a notice about it is published. On request of the applicant or third party the Patent Office may perform a search on prior art and patentability. A design application is examined formally as well as to the question whether it is protectable. After this formal examination the information is published and within six months from the priority date the Patent Office may fully examine the application as to patentability. The examination of inventions, utility models and designs are performed by Patent Offices of other countries. The applicant may choose the country. The fees have to be paid by the applicant. Before the publication of a patent or a utility model the applicant may ask to convert it into a utility model or vice-versa into a patent. A patent may be nullified during the whole lifetime, fully or partially. A patent may be nullified either on the ground that it lacks patentability or the name of the inventor or patent owner is wrong, or the claim set includes features which are not disclosed in the original filing material. The patent owner has the exclusive right to use the protected invention, utility model or design if the use does not infringe the rights of other parties. The scope of protection includes equivalence as well. The infringing object has to include all the essential features. In case the patent owner cannot use his invention without infringing the patent rights of a third party, he is entitled to ask for a license. The exclusions from the infringement are the usual ones: scientific work and use for their own purposes without getting a profit and production of pharmaceuticals. Prior rights may exist in the Republic on the usual conditions. Licenses may be granted but have to be registered at the Patent Office. Without registration the licenses are void. The Courts, inclusive the Arbitration Court, accept the following cases: .contesting the inventorship of inventions, utility models and designs, .establishing the patent owner .Infringement cases, .Licence agreements, .Prior Rights, .Payment of inventorīs remuneration and all cases which may arise in this connection.

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