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 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 after the date of filing a patent application. A certified copy of priority application may be filed within 3 months after the date of filing a patent application.
The patent application will be accepted when the Patent Bureau receives the following documents:
If applicant fails to supply any of the above mentioned documents within the prescribed term, the patent application shall be treated as if have 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.
Detailed search and examination before grant?
Follow requirements of EPC?
List of exclusions to patentability.
According to Patent Law, patents shall not be granted for:
Does the Patent Office carry out detailed examination against the patentability criteria before grant?
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:
If an application does not meet these requirements, the Patent Bureau will request the applicant to correct patent application so that it meets the requirements within a period prescribed by the Patent Bureau. If the applicant fails to do so, patent application will be deemed to be withdrawn.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 from its filing date, or if priority is claimed, from its priority date. Upon a written request of applicant the Patent Bureau can publish patent application earlier, but not earlier than six months after the filing date of the application.
And 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?
Lithuanian State Patent Bureau
If application does not meet requirements, does patent have to be amended before grant?
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 within 6 months preceding the filing date of a patent application and where the disclosure of information has been made:
The Patent Bureau in Lithuania does not require provide evidence 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 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.
For questions, please, contact Valters Gencs, attorney at law at email@example.com
The material contained here is not to be construed as legal advice or opinion.