What are the main routes to obtain patent protection in Lithuania?

Patent protection in Lithuania may be obtained by filing a national patent application with the Patent Office of the Republic of Lithuania or by validating a granted European patent in Lithuania.

Does Lithuania conduct a full substantive examination of patent applications?

No. The Patent Office of the Republic of Lithuania performs a formal examination of patent applications only.

Is representation by a Lithuanian patent attorney required for foreign applicants?

Yes. Applicants who do not have a residence or place of business in Lithuania must act through a registered Lithuanian patent attorney before the Patent Office of the Republic of Lithuania.

When must annual maintenance fees be paid in Lithuania?

Annual maintenance fees must be paid each year to keep the patent application or granted patent in force. They are due in advance for each patent year to the Patent Office of the Republic of Lithuania.

What language requirements apply to patent applications in Lithuania?

Patent applications must be filed in Lithuanian. If the application is filed in another language, the Lithuanian translation should be submitted within three months from the filing date.

Can an applicant amend the patent application during prosecution in Lithuania?

Yes. The applicant may amend the description, claims or drawings, provided that the amendments do not extend beyond the content of the application as originally filed, and they are submitted before the decision to grant the patent is taken by the Patent Office of the Republic of Lithuania.

For how long is a patent valid in Lithuania?

A patent in Lithuania is valid for 20 years from the filing date of the application, subject to the timely payment of annual maintenance fees to the Patent Office of the Republic of Lithuania.

PATENT IN LITHUANIA

MIKHAILYUK, SOROKOLAT & PARTNERS offers the full range of legal services related to patent registration in Lithuania including patent search, patent translation, filing and further prosecution of the Lithuanian 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 Lithuania 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 a 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 Lithuania:
After completion of filing procedure a Lithuanian 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. After the formal examination completion the application will be published in the Official Bulletin. No substantive examination on inventions is stipulated by the Lithuanian legislation, the patent is issued on the responsibility of an applicant and may be appealed in court. A patent is issued after payment of the registration fee and the first post grant annuities that should be paid within 3 months.

The procedure of the patent registration in Lithuania takes from 1 to 2 years.

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

What is required for filing a patent application in Lithuania:

filing instructions comprising applicant's and inventor's names, addresses and citizenships;
a filing number and a date of a priority 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 provided to the Lithuanian Patent Office within 3 months from the application filing date.

For conventional applications it is necessary to provide a certified copy of a priority document if claimed. It may be provided to the Lithuanian Patent Office within 16 months from the priority date.

Author’s Declaration and Assignment Deed from an author to an applicant in case the author and the applicant are not the same people. These documents may be provided to the Lithuanian Patent Office within 3 months from filing an application.

Patent protection in Lithuania may be obtained by filing a national patent application with the State Patent Bureau of the Republic of Lithuania or by validating a granted European patent in Lithuania through the European Patent Office.

For PCT applications, entry into the national phase in Lithuania is not available. Accordingly, patent protection based on a PCT application may only be pursued via the regional European route by entering the European phase before the European Patent Office and validating the granted European patent in Lithuania.

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

Terms
The term for filing a conventional patent application in Lithuania is 12 months from the priority date. With effect from September 4, 2014 Lithuania closed its national route via the PCT.

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

Frequently asked questions

What are the main routes to obtain patent protection in Lithuania? +

Patent protection in Lithuania may be obtained by filing a national patent application with the Patent Office of the Republic of Lithuania or by validating a granted European patent in Lithuania.
Does Lithuania conduct a full substantive examination of patent applications? +

No. The Patent Office of the Republic of Lithuania performs a formal examination of patent applications only.
Is representation by a Lithuanian patent attorney required for foreign applicants? +

Yes. Applicants who do not have a residence or place of business in Lithuania must act through a registered Lithuanian patent attorney before the Patent Office of the Republic of Lithuania.
When must annual maintenance fees be paid in Lithuania? +

Annual maintenance fees must be paid each year to keep the patent application or granted patent in force. They are due in advance for each patent year to the Patent Office of the Republic of Lithuania.

What language requirements apply to patent applications in Lithuania? +

Patent applications must be filed in Lithuanian. If the application is filed in another language, the Lithuanian translation should be submitted within three months from the filing date.
Can an applicant amend the patent application during prosecution in Lithuania? +

Yes. The applicant may amend the description, claims or drawings, provided that the amendments do not extend beyond the content of the application as originally filed, and they are submitted before the decision to grant the patent is taken by the Patent Office of the Republic of Lithuania.
For how long is a patent valid in Lithuania? +

A patent in Lithuania is valid for 20 years from the filing date of the application, subject to the timely payment of annual maintenance fees to the Patent Office of the Republic of Lithuania.