INFORMATION FROM THE CONTRACTING / EXTENSION STATES
LV Latvia
Impact of the European Patent Convention on national law
On 1 July 2005, Latvia became a contracting state to the EPC. Provisions implementing the EPC and bringing Latvian patent law into line with the EPC are contained in the Patent Law of 15 February 2007, in force as of 1 March 2007.
A. National legal bases
1. Patent Law adopted on 15 February 2007, in force as of 1 March 2007
(published in Latvijas Vēstnesis 34(3610), 27.02.2007 - hereinafter: PL).
2. Regulations of the Cabinet of Ministers No. 309 of 18.08.1998 "Regulations on State Fees for Industrial Property" (published in Vēstnesis 241/242 21.08.1998).
The Latvian Patent Law is only available in Latvian for the time being: www.lrpv.lv/index.php?lang=LV&id=18&topic=99
B. Application of the EPC in Latvia
The main provisions relating to the application of the EPC in Latvia are summarised below.
The information is structured in the same way as in the EPO brochure "National Law relating to the EPC".
I. Filing of European patent applications (Article 75 EPC, Article 69 PL)
A European patent application, except a European divisional application, may be filed either with the EPO or with the Latvian Patent Office (LPO):
Latvijas Republikas Patentu Valde (Latvian Patent Office)
Citadeles iela 7(70)
P.O. Box 824
1010 RIGA
Tel. +371 (0)6709 96 00
Fax +371 (0)6709 96 50
www.lrpv.lv
A European patent application may be filed with the LPO in any of the languages under Article 14(1) and (2) EPC. Filing the applications by facsimile or other electronic media is not allowed.
II.A. Rights conferred by a European patent application after publication (Articles 67 and 93 EPC, Article 70 PL)
Under Article 70 PL, a published European patent application designating Latvia confers upon the applicant provisional protection under Article 18(2) PL – compensation reasonable in the circumstances – as from the date on which the translation of the claims is notified to the alleged infringer or is published in the official bulletin of the LPO (Article 70(2) and (3) PL).
II.B. Filing a translation of the claims (Article 67(3) EPC, Article 71 PL)
The translation of the claims must be drawn up in Latvian and filed together with the bibliographic data of the application as published in the European patent application, the name and address of the professional representative and the title of the invention in Latvian. A form must be used. The LPO publishes the translation in the official bulletin of the LPO once the special fee has been paid (Article 71(2), (5) and (6) PL).
The applicant for a European patent or the patent proprietor may, at any time, file a corrected translation of the claims (Article 72(3) PL). The above provisions concerning the publication of the translation of the claims apply. The corrected translation shall have effect with respect to third parties as of its publication date (Article 72(4) PL).
Documents meeting the formal requirements of Rule 49(2) to (12) EPC are accepted.
Applicants with neither residence nor principal place of business in Latvia must appoint a professional representative who need not be resident in Latvia (Article 26(1) and (5) PL).
III. Filing translations of the patent specification (Article 65 EPC, Article 71 PL)
The European patent has effect in Latvia only if the proprietor of the patent files with the LPO a translation in Latvian of the claims of the European patent within three months of the date on which the mention of the grant of the European patent, or the decision to maintain it as amended, is published in the European Patent Bulletin (Article 71(2) PL).
Once the proprietor of the patent has paid a fee of LVL 25 (Article 71(6) PL), the translation of the claims is published in the official bulletin of the LPO together with the bibliographic data as in the published European patent application, the name and address of the professional representative and the title of the invention in Latvian (Article 71(5) PL).
The proprietor of the patent may, at any time, file a corrected translation (Article 72(3) PL). The above provisions concerning the publication of the translation of the claims apply (Article 71(5) PL). The corrected translation shall have effect with respect to third parties as of its publication date (Article 72(4) PL).
Documents meeting the formal requirements of Rule 49(2) to (12) EPC are accepted.
A proprietor not having his domicile or headquarters in Latvia must appoint a professional representative (Article 26(1) and (5) PL).
In the event of failure to file with the LPO the Latvian translation of the claims, the LPO declares the European patent void ab initio in Latvia.
IV. Authentic text of a European patent application or European patent (Article 70 EPC, Article 72(2) PL)
The translation is the authentic text of the European patent application or patent if the scope of protection is narrower than in the language of proceedings (Article 72(1) and (2) PL); this does not apply, however, in revocation proceedings (Article 72(4) PL).
The applicant for a European patent or the patent proprietor may, at any time, supply a corrected translation of the claims (Article 72(3) PL). The LPO publishes the corrected translation in the official bulletin of the LPO (Article 71(5) PL). The corrected translation shall have effect with respect to third parties as of its publication date (Article 72(4) PL). Regarding the rights of a prior user where a translation is corrected, Article 72(4) PL provides for the safeguards mentioned in Article 70(4)(b) EPC.
V. Payment of renewal fees for European patents (Article 141 EPC, Article 73 PL)
Renewal fees in respect of European patents requesting protection in Latvia shall be paid to the LPO for each patent year following the year in which the EPO publishes the mention of the grant of the European patent. Each patent year starts from the anniversary of the filing date of the patent application. The renewal fees for each subsequent patent year are due on the last day of the month in which the date of filing occurred (Article 73(2) PL).
In cases of non-payment of renewal fees, a reminder may be issued but is not mandatory.
In case of failure to observe the time limit referred to above, renewal fees may still be paid within a period of grace of 6 months after the due date, provided that a surcharge of 25 % of the due fee is paid at the same time (Article 43 PL). Re-establishment of rights is provided for (Article 26 PL). The time limit for requesting re-establishment is 2 months after removal of the obstacle, but not later than 12 months after expiry of the non-observed time limit.
If the patent proprietor does not have his domicile or headquarters in Latvia, a professional representative must be appointed for the payment of renewal fees, for the communication of a reminder of non-payment and for proceedings in respect of re-establishment.
In the event of failure to pay a renewal fee within the prescribed time limit, a patent lapses on the date on which a preceding period of protection has expired (Article 55(1)(2) PL). The LPO issues a respective decision (Article 55(1)(2) PL).
The lapse of a patent due to non-payment of renewal fees is recorded in the Register of Patents and published in the official bulletin of the LPO.
Renewal fees are currently as follows (Regulations of the Cabinet of Ministers No. 309 of 18 August 1998):
Year | LVL |
|---|---|
3rd |
60 |
4th |
90 |
5th |
100 |
6th |
105 |
7th |
120 |
8th |
150 |
9th |
180 |
10th – 15th |
225 |
16th – 20th |
300 |
plus any charges levied by banks.
VI. Conversion of European patent applications into national patent applications (Articles 135 and 137 EPC, Article 74 PL)
Latvian law provides for conversion into a national patent application in the case of deemed withdrawal pursuant to Article 14(2), 77(3) or 78(2) EPC. The applicant must file a request for conversion with the LPO and, within three months, pay the national filing fee for conversion and file a Latvian translation of the European patent application.
These procedural steps must be taken by a professional representative if the applicant has neither a domicile nor his headquarters in Latvia.
VII. Payment of fees
All fees may be paid by bank transfer to the account of the LPO ("Latvijas Republikas Patentu Valde") at Valsts kase, account No. (IBAN) LV90 TREL 1060 1909 1930 0; BIC (SWIFT): TRELLV22. The effective date of payment is the date on which the sum was credited to the account mentioned.
The fees may also be paid by a postal money order; the effective date of payment in this case is the date marked by the postal date stamp (at a Latvian post office) on the postal money order.
VIII. Registering a transfer, licences and other rights in respect of a European patent in the national patent register (Article 50 and 51 PL)
In order to have a transfer of rights by transaction or by operation of law, licences and other rights in respect of a European patent registered in the Latvian Register of Patents, an interested party must file a written request and submit the relevant document (for instance, deed of transfer or licence agreement) supposed to provide grounds for taking a decision on entry into the Register by the LPO (Articles 50, 51 and 52 PL). When filing the request, the use of a form is recommended, and a special fee of 30 LVL is payable (Articles 51(2) and 52(4) PL). For supporting documents not drafted in Latvian, a translation will only be requested if the documents proving the transaction are not evident.
The transfer of rights has legal effect with respect to third parties as from the date of entry in the Register (Article 51(3) PL). The entry in the Register of licences has declaratory effect; however, entry into the Register has legal effect towards third parties (Article 52(4) PL). The holder of an exclusive licence recorded in the Register may, to the same extent as the patent proprietor, enforce his claims in case of infringement, unless the licence contract stipulates otherwise (Article 62(2) PL).
Applicants not having a domicile or their headquarters in Latvia are required to act in proceedings before the LPO through a professional representative.
A transfer registered by the EPO under Rule 85 EPC is recognised.
IX. Miscellaneous
1. Simultaneous protection (Articles 139(3) and 140 EPC)
The simultaneous protection by national patents according to Article 139(3) EPC in connection with Article 140 EPC is excluded.
2. Territorial field of application of the EPC (Article 168 EPC)
The EPC applies in the territory of the Republic of Latvia.
C. Amendment of Latvian patent law
1. Patentability (Articles 4-8 PL)
The patentability criteria (concept of invention, novelty, inventive step, industrial application) are consistent with those of the EPC (Articles 52 to 57 EPC).
2. Term of the patent (Article 18 PL)
A patent is granted for a term of 20 years, as from the date of filing the application.
3. Rights conferred by the patent (Article 16 PL)
The rights conferred by the patent reflect the provisions of the Community Patent Convention (see Articles 25 et seq. CPC 1989).
4. Extent of protection (Article 17 PL)
The extent of the protection is determined by the claims. The description and the drawings may be used to interpret the claims (Article 17(1) PL).
D. Other international treaties
Latvia has been a party to the Paris Convention for the Protection of Industrial Property since 7 September 1993 and also bound by the Stockholm Act of this Convention since that date.
The Patent Cooperation Treaty took effect in Latvia on 7 September 1993. Since 1 July 2005 it has been possible to obtain a European patent for Latvia by filing a Euro-PCT application.
The Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure took effect in Latvia on 29 December 1994.
The TRIPS Agreement has been in force in Latvia since 10 February 1999.
Latvia is a party to the 1991 Act of the International Convention for the Protection of New Varieties of Plants (UPOV) as of 30 August 2002.