Patent Registration in Lithuania

Patent registration in Lithuania allows inventors and companies to obtain legal protection for technical solutions and processes. The procedure is handled by the Patent Office of the Republic of Lithuania and includes filing and formal examination; however, no substantive examination is stipulated by Lithuanian legislation. While Lithuania 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 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.

Routes to Obtain Patent Protection in Lithuania

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 or by obtaining a Unitary Patent, which also provides protection in Lithuania as one of the participating EU Member States.

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. Following grant of the European patent, the applicant may either validate the patent in Lithuania or request unitary effect, in which case protection in Lithuania will be provided through the Unitary Patent system.

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

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

Patentability Requirements in Lithuania

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

• Novelty — the invention shall be considered new if it does not form 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 shall be considered industrially applicable if it can be made or used in industry, agriculture, health protection and other spheres.

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 Lithuania

20

Years Validity

Standard validity term of a patent in Lithuania from filing date

6

Months Grace

Novelty grace period from disclosure (only for certain international exhibitions or bad-faith disclosures)

12

Months (Conv.)

The term for filing a conventional patent application in Lithuania from the priority date

1-2

Years Registration

Average duration of the patent registration procedure in Lithuania

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 an additional 5 years. In case a patent is extended, the Supplementary Protection Certificate (SPC) will be issued.

Patent Registration Procedure in Lithuania

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

Full Profile →

Juozas Lapenis

Lithuanian Patent Attorney

Reg. No: 45 • Since 2003

Practice Insight

“A European patent validated in Lithuania falls within the jurisdiction of the Unified Patent Court (UPC), unless it has been opted out. This means that a successful central revocation action before the UPC may revoke the patent simultaneously in all UPC participating states where the patent has effect. Our advice: if maintaining national jurisdiction is strategically important, consider filing an opt-out during the UPC transitional period before any UPC action is brought against the patent. Once UPC proceedings have been initiated, an opt-out is no longer available.”

Required Documents and Information

The documents required to file a patent application in Lithuania 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 Lithuania or a quotation for filing and prosecution of a Lithuanian patent application, please feel free to contact us.

Patent Budget Structure in Lithuania

The total investment required for patent registration in Lithuania is not fixed and depends on several critical factors. The final patent cost in Lithuania is determined by the number of claims in the application, the requirement of translation into the Lithuanian language and the specific legal strategy chosen for protection before the State Patent Bureau of the Republic of Lithuania.

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

Frequently Asked Questions

• What are the main routes to obtain patent protection in Lithuania? +
  Patent protection in Lithuania can be obtained by filing a national application with the State Patent Bureau, validating a granted European patent or by opting for a Unitary Patent.
• 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 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.

Vilnius

21-92, Seimyniskiu Str.

Vilnius, LT-09236

Lithuania

Phone:
+370 (5) 271 26 45

Email: office@mspcorporate.com

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