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Patents

Latvia

(Europe) Firm Ellex Klavins

Contributors Martins Gailis

Updated 22 Mar 2021
Which patent-related international treaty is your country is a member of?

Latvia belongs to the following patent-related international treaties:

  • Paris Convention 
  • Patent Cooperation Treaty ("PCT") 
  • TRIPS 
  • Patent Law Treaty ("PLT") 
  • Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure 
  • European Patent Convention ("EPC") 
What kinds of protection is available for inventions?

Inventions protections available in Latvia include:

  • Inventions
What kinds of subject matter (as such) are excluded from patent protection?

The following subject matter is excluded from patent protection in Latvia:

  • Methods of medical treatment or diagnosis
  • Computer programs
  • Business methods
What are the documents and information required for filing a national patent application?

Documents and information required for filing a national patent application in Latvia include:

  • Name and address of the applicant(s)
  • Name and address of the inventor(s)
  • Specification (description, claims and drawings)
  • Abstract
Is it possible to request early publication or a deferment of publication?

Yes, it is possible to request early publication or deferment of publication in Latvia. However, this is only after the Latvian IPO has notified the patentee on the completion of the review of formal requirements.

Does the applicant have a provisional right upon the publication of an application?

Yes, the applicant has a provisional right upon publication of an application in Latvia. As soon as the patent application has been published and until the patent is granted, the patent applicant may seek compensation from any third party that has used the applied patent without the permission of the patent applicant.

When is it possible to file a voluntary amendment to specification?

It is possible to file voluntary amendments in Latvia at the following times:

  • At the time of entry into the national phase (for PCT application)
  • At any time during prosecution
Is it required to file a request for substantive examination?

No, it is not required to file a request for substantive examination in Latvia. 

Is there a third-party opposition procedure upon publication or after grant?

No, there is no third-party opposition procedure upon publication or after grant in Latvia. 

What is the time period from application to grant for a straightforward application (no office actions or oppositions)?

The time period from application to grant in Latvia is between 2-3 years

Is there any process for accelerated examination of application?

No, there is no process for accelerated examination of an application in Latvia. 

To maintain the validity of patent, is it required to pay an annuity in your country?

Yes, it is required to pay an annuity to maintain the validity of a patent in Latvia. 

Is late payment of annuity permissible?

Yes, late payment of an annuity is permissible in Latvia. This is available within 6 months after the expiry of the deadline, subject to payment of an additional fee.

What are the available enforcement methods in your country?

Available enforcement methods in Latvia include:

  • Civil enforcement
  • Border measures
Are there any peculiarities in the system of protection for a patent in your country, of which it is important for clients to be aware?

None identified. 

Patents

Latvia

(Europe) Firm Ellex Klavins

Contributors Martins Gailis

Updated 22 Mar 2021