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Patent registration in Lithuania

 

Brief summary of the patent application process in Lithuania

In order to obtain a patent, a person must file a patent application with the Lithuanian Patent Bureau. In order to obtain patent application date, the following should be filed: a request for the grant of a patent or a reference that the provided documents should be held a patent application; data regarding applicant; a description of the invention or drawings or reference to an earlier patent application certified copy of which has to be filed within the prescribed term. If part of a patent description or drawings is missing, it should be filed within the prescribed term.

A patent application consists of:

  • a request for the grant of a patent;
  • a description of the invention; claims;
  • drawings if necessary;
  • an abstract;
  • a document confirming the right to file a patent application (provided it is filed not by inventor himself) and the declaration regarding inventorship of the invention;
  • document confirming the deposit of a biological material if necessary;
  • the fee which must be paid within 1 month of the application filing date.

A request to grant a patent has to be filed in Lithuanian language. Other documents can be filed in Lithuanian or any other language accepted by the Patent Bureau. If the patent application documents are filed in another language, translation into Lithuanian must be supplied within 3 months of the date of filing the patent application. A certified copy of priority application must be filed within 3 months of the date of filing a patent application.

 

The patent application will be accepted when the Patent Bureau receives the following documents:

  • a request to grant a patent;
  • a description of the invention together with claims;
  • any drawings if necessary for the understanding of the essence of the invention;
  • a document confirming payment of the fee.

If applicant fails to supply any of the above mentioned documents within the prescribed term, the patent application shall be treated as if it had not been filed.

 

A specification must disclose the invention in such full, precise and clear terms as to enable any person skilled in the art to which it pertains to use the invention.

 

The patent application shall contain claims. The claims over the 15th shall be subject to the payment of an additional official fee.

 

Does the State Patent Office perform a detailed search and examination of the invention before grant?

No

 

Follow requirements of EPC?

Yes

 

Patentability requirements/details

  • Novelty
  • Inventive Step
  • Industrial Application
  • Added Matter
  • Sufficiency
  • Check for Exclusion from Patentability

 

List of exclusions to patentability

According to Patent Law, patents shall not be granted for:

  • the methods of treatment of people and animals, diagnostics and prevention of diseases (with the exception of equipment and materials utilized for such methods),
  • varieties of plants and animals as well as biological (except microbiological) methods of their production and also for the inventions which are deemed to be contrary to public interest, principles of humanity and morality,
  • inventions the commercial exploitation of which would be contrary to public interests, principles of morality and humanity, inter alia:
  • processes for cloning human beings;
  • processes for modifying the germ line genetic identity of human beings;
  • uses of human embryos for industrial or commercial purposes;
  • and processes for modifying the genetic identity of animals which are likely to cause them suffering without any substantial medical benefit to man or animal, and also animals resulting from such processes.

Does the State Patent Office carry out examination regarding the patentability criteria before grant?

Yes

 

Brief summary of the patent examination process?

The Patent Bureau makes a formal examination of a patent application and establishes whether the application complies with the following requirements:

  • patent application contains a request to grant a patent; description; claims; drawings if necessary; abstract; payment of the prescribed fee; power of attorney for representative; and the declaration regarding inventorship of the invention; document confirming the deposit of a biological material (if necessary); certified copy of priority application (if necessary); 
  • documents are translated into Lithuanian language;
  • patent application is not for discoveries, scientific theories and mathematical methods,
  • is not for a design of a product, schemes, rules and methods of games;
  • is not for intellectual or economic activities, as well as programmes for computers; and presentations of information; is not for exclusions to patentability;
  • specification discloses the invention in such full, precise and clear terms as to enable any person skilled in the art to which it pertains to use the invention;
  • claims are clear and concise.

If an application does not meet these requirements, the Patent Bureau will request the applicant to correct the patent application so that it meets the requirements within a period prescribed by the Patent Bureau. If the applicant fails to do so, the patent application will be deemed to be withdrawn.

If the Patent Bureau determines that an invention is unpatentable, it will make a decision to refuse granting a patent.

 

In Lithuania, the Patent Bureau does not examine the patent applications in respect of their novelty, inventive step and industrial applicability.

 

The Patent Bureau publishes the patent application as filed by the applicant within 18 months of its filing date, or if priority is claimed, from its priority date. Upon a written request of  the applicant the Patent Bureau can publish patent application earlier, but not earlier than six months after the filing date of the application.

Finally, if the patent application meets all the above requirements, the Patent Bureau grants a patent upon receipt of payment of the prescribed fee.

 

Who examines patent applications?

The State Patent Bureau

 

If application does not meet requirements, does patent have to be amended before grant?

Yes.

 

Any other relevant issues we should consider in connection with the patent system in Lithuania?

In Lithuania, disclosure of information shall not affect the patentability of an invention if the information was disclosed during the 6 months preceding the filing date of a patent application and where the disclosure of information has been made:

  • by a person having an interest in making an abuse the Patent Law of the Republic of Lithuania in accordance to PLT were introduced and became effective in Lithuania. his successor in title to their disadvantage;
  • where an inventor or his successor in title displayed his invention at an official or officially recognised exhibition in accordance with the Convention on International Exhibitions signed at Paris on 22 November 1928.

The Patent Bureau in Lithuania does not require provide provision of evidence to display that the invention is new and does not examine the patents in respect to their novelty, inventive step and industrial applicability.

The applicant when filing the patent application declares that it meets all patentability criteria. No pre-grant search is conducted by the Lithuanian Patent Office.

 

On February 3, 2012 the Patent Law Treaty came into effect in Lithuania. At the same time amendments of the Patent Law of the Republic of Lithuania in accordance to PLT were introduced and became effective in Lithuania.

 

 

 


 

 

 

   Patent Law in Lithuania in English language

 

   Copyright Law in Lithuana in English language

 

   Power of Attorney in Lithuania for patent and trademark registration in English language

 

   Power of Attorney in Lithuania for patent and trademark registration in Russian language

 

  Power of Attorney in Lithuania for patent and trademark registration in Finnish language

 

  Power of Attorney in Lithuania for patent and trademark registration in Swedish language

 

   Special power of attorney  for patent and trademark registration in Lithuania in English language

 

    Special power of attorney  for patent and trademark registration in Lithuania in Czech language

 

    Special power of attorney  for patent and trademark registration in Lithuania in Russian language

 

    Special power of attorney  for patent and trademark registration in Lithuania in Finnish language

 

   Assignment form for patents in Lithuania in English language

 

For questions, please, contact Valters Gencs, attorney at law at info@gencs.eu


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The material contained here is not to be construed as legal advice or opinion.

© Gencs Valters Law Firm, 2016
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