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 IN LATVIA

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.

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.

A 6-month novelty grace period term is applied only if a disclosure takes place at the international exhibition or by third parties in bad faith.

Overview of the patent registration procedure in Latvia:
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 positive result of the formal examination will be issued. No substantive examination on inventions is stipulated by the Latvian legislation, a patent is issued on the responsibility of an applicant and may be appealed in court. A patent is issued after payment of the registration and publication fees.

The procedure of the patent registration in Latvia takes from 1,5 to 2 years.

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

What is required for filing a patent application in Latvia:

filing instructions comprising applicant's and inventor's names, addresses and citizenships;
a filing number and a date of a priority application or a PCT application;
a specification with claims, abstract and drawings;
a copy of the amendments, if any;
a Power of Attorney simply signed and stamped by the applicant(s); legalization and notarization are not required unless it is signed by a proxy-holder. The executed PoA may be generally provided to the Latvian Patent Office within 3 months from the application filing date;
a certified copy of a priority document if priority is claimed, which may be provided to the Latvian Patent Office within 16 months from the date of priority.

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 validating a granted European patent in Latvia through the European Patent Office.

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 Office and subsequently validating the granted European patent in Latvia.

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

Terms
The term for filing a patent application in Latvia is 12 months from the priority date.

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

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 or by validating a granted European patent in Latvia.
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.