How can I obtain patent protection in Latvia if the national phase of the PCT is unavailable?

Patent protection in Latvia may be obtained by filing a national patent application directly with the Patent Office of the Republic of Latvia, validating a granted European patent, or by opting for a Unitary Patent through the European Patent Office.

Is there a substantive examination in Latvia?

No. The Patent Office of the Republic of Latvia conducts only a formal examination of patent applications; substantive examination regarding novelty, inventive step and industrial applicability is not performed.

Should I appoint a local patent attorney for filing the application in Latvia?

Yes, if the applicant has neither residence nor a place of business in Latvia, representation by a registered Latvian patent attorney before the Patent Office of the Republic of Latvia is mandatory. Applicants with residence or a business establishment in Latvia may file and act before the Office themselves or through an authorised representative.

Whether the annuities may be paid in an accumulated manner?

No. The patent annuities must be paid annually before the beginning of the next patent year and cannot be paid in an accumulated manner in advance for several years.

In which language should the application be filed?

The request for the grant of a patent must be filed in Latvian. The remaining application materials may initially be filed in another language; however, a Latvian translation must be submitted within two months from the filing date.

Can I make corrections to the application and until which date?

Yes. Amendments to a patent application may be made until the date on which the Notice of Allowance is published by the Patent Office of the Republic of Latvia. After this stage, further amendments are generally no longer permitted.

What is the term of a patent in Latvia?

The term of a patent in Latvia is 20 years from the filing date of the application, provided that the required annual maintenance fees are paid to the Patent Office of the Republic of Latvia.

Patent Registration in Latvia

Filing, prosecution and protection of inventions for international companies and patent attorneys

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Patent registration in Latvia allows inventors and companies to obtain legal protection for technical solutions including device, method, substance, composition of substances or biological material. The procedure is handled by the Patent Office of the Republic of Latvia and includes filing and formal examination; notably, no substantive examination is conducted, and the patent is issued under the applicant's responsibility. While Latvia is a member of the Paris Convention, it has closed its national route via the PCT, meaning patent protection based on an international application can only be pursued through the regional European route and subsequent validation.

MIKHAILYUK, SOROKOLAT & PARTNERS offers the full range of legal services related to patent registration in Latvia including patent search, patent translation, filing and further prosecution of the Latvian patent application, patent maintenance, preparing and recordal of assignment and license agreements as well as representing applicants before courts. We do our best to represent our clients' interests in the most efficient and cost-effective manner.

Routes to Obtain Patent Protection in Latvia

Patent protection in Latvia may be obtained either by filing a national patent application directly with the Patent Office of the Republic of Latvia or by obtaining a European patent. Following grant by the European Patent Office, the applicant may either validate the European patent in Latvia or request unitary effect. As Latvia is a participating Member State in the Unitary Patent system, a Unitary Patent also provides protection in Latvia.

In the case of a PCT application, entry into the national phase in Latvia is not available. Therefore, protection in Latvia based on a PCT application may only be obtained via the regional European route by entering the European phase before the European Patent. Following grant of the European patent, the applicant may either validate the patent in Latvia or request unitary effect, which will extend protection to Latvia together with the other participating Unitary Patent states.

Protection of inventions as utility models in Latvia is not possible.

Foreign applicants must be represented before the Office by a registered Latvian patent attorney.

Patentability Requirements in Latvia

To obtain a patent in Latvia, an invention must comply with the standard patentability criteria established by Latvian patent law.

Novelty — the invention shall be considered as new if it is not a part of the state of the art, i.e. it has not been disclosed anywhere in the world prior to the filing or priority date.
Inventive Step — the invention must not be obvious to a person skilled in the relevant technical field.
Industrial Applicability — the invention must be capable of being made or used in any kind of industry.

Although no substantive examination is conducted, the invention must still meet these requirements, as the patent may subsequently be challenged in court on the grounds that it does not satisfy the relevant patentability criteria.

Key Facts About Patent Protection in Latvia

Years Validity

Standard validity term of a patent in Latvia from the filing date

EPO

PCT Route

Protection via PCT is only available by entering the European regional phase with further validation of the patent in Latvia

Months Grace

Novelty grace period for disclosures at exhibitions or due to bad faith

Months (Conv.)

The term for filing a conventional patent application in Latvia

The validity term of a patent in Latvia is 20 years from the filing date. For pharmaceutical patents and patents for agrochemicals it is possible to apply for extension of this term for additional 5 years. In case the patent is extended, the Supplementary Protection Certificate (SPC) will be issued.

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Patent Registration Procedure in Latvia

The national procedure for patent registration in Latvia typically takes from 1.5 to 2 years. For conventional patent applications, the filing term is 12 months from the priority date.

Step 1

Filing & Formal Examination

After completion of the filing procedure, a Latvian patent application undergoes a formal examination. On condition that an applicant submits all required documents, a notification about the positive result of the formal examination will be issued.

Step 2

No Substantive Examination

Latvian legislation does not stipulate substantive examination on inventions. A patent is issued based on the formal correctness of the application and remains the responsibility of the applicant, though it may be appealed in court.

Step 3

Grant of Patent

A patent is issued after payment of the registration and publication fees following the positive formal examination.

Local Patent Expert

MSP, Latvia

“If your patent in Latvia is a validated European patent, remember that it falls within the jurisdiction of the Unified Patent Court (UPC), unless it has been opted out. A successful central revocation action before the UPC can revoke the patent across all participating UPC Member States where it has effect, not just in Latvia. Our advice: if you want to keep the patent under national court jurisdiction, file an opt-out before anyone starts UPC proceedings against the patent - once a UPC action has been filed, that opportunity is lost."

Required Documents and Information

The documents required to file a patent application in Latvia are listed below. Please note that some must be submitted at the time of filing, while others may be provided within a set period after the application date.

If you need further information concerning patent registration in Latvia or a quotation for filing and prosecution of a Latvian patent application, please feel free to contact us.

Required at Filing

Filing instructions

Comprising the applicant's and inventor's names, addresses and citizenships.

Technical files

A specification with claims, abstract and drawings.

Application data

A filing number and a date of a priority application.

Note:

All documents should be provided in high-quality PDF format. Please ensure that all signatures are clearly visible. A copy of the amendments may be submitted if applicable.

May be submitted after filing

Power of Attorney

Simply signed and stamped by the applicant(s). Legalization and notarization are not required unless signed by a proxy-holder.

Deadline: 3 months from filing date

Latvian Translation

A full Latvian translation of the application, if filed in a language other than Latvian.

Deadline: 2 months from filing date

Priority Document

A certified copy of the priority document if priority is claimed.

Deadline: 16 months from priority date

Patent Budget Structure in Latvia

The total investment required for patent registration in Latvia is not fixed and depends on several critical factors. These include the number of claims in the application, the requirement of translation into the Latvian language and the specific legal strategy chosen for protection before the Patent Office of the Republic of Latvia.

Typically, the patenting budget consists of three primary components: official government fees, professional attorney fees and associated costs.

Official Government Fees

Application Stage

Filing and grant each trigger a separate official fee

Applicant Status

Official fees are reduced for individual applicants compared to legal entities

Maintenance & Annuities

Annual renewal payments, due from the third year of filing and increasing each year

IP Transfer & Licensing

An official fee applies when registering a transfer or license agreement with the Patent Office

European Patent Validation

An official fee applies when validating a granted European patent in Latvia

Professional Attorney Fees

Application Preparation & Filing

Calculated directly based on the total number of claims

Prosecution Support

Billed per response or hourly, for replies to formal examination queries from the Patent Office

Assignments & Licensing

Per agreement — attorney fee for preparing and recording IP transfer or license agreements (official fee applies separately)

Associated Expenses

Patent Search

Flat fee per report (based on databases searched and the technical field's complexity)

Patent Translation

Billed per 100 words

European Patent Validation

Project-based, depending on whether the Unitary Patent system or classical validation is chosen for Latvia; official fee applies separately

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Frequently Asked Questions

How can I obtain patent protection in Latvia if the national phase of the PCT is unavailable? +

Patent protection in Latvia may be obtained by filing a national patent application directly with the Patent Office of the Republic of Latvia, validating a granted European patent or by opting for a Unitary Patent through the European Patent Office.
Is there a substantive examination in Latvia? +

No. The Patent Office of the Republic of Latvia conducts only a formal examination of patent applications; substantive examination regarding novelty, inventive step and industrial applicability is not performed.
Should I appoint a local patent attorney for filing the application in Latvia? +

Yes, if the applicant has neither residence nor a place of business in Latvia, representation by a registered Latvian patent attorney before the Patent Office of the Republic of Latvia is mandatory. Applicants with residence or a business establishment in Latvia may file and act before the Office themselves or through an authorised representative.
Whether the annuities may be paid in an accumulated manner? +

No. The patent annuities must be paid annually before the beginning of the next patent year and cannot be paid in an accumulated manner in advance for several years.

In which language should the application be filed? +

The request for the grant of a patent must be filed in Latvian. The remaining application materials may initially be filed in another language; however, a Latvian translation must be submitted within two months from the filing date.
Can I make corrections to the application and until which date? +

Yes. Amendments to a patent application may be made until the date on which the Notice of Allowance is published by the Patent Office of the Republic of Latvia. After this stage, further amendments are generally no longer permitted.
What is the term of a patent in Latvia? +

The term of a patent in Latvia is 20 years from the filing date of the application, provided that the required annual maintenance fees are paid to the Patent Office of the Republic of Latvia.