The Patent Law of the Republic of Lithuania was passed in January 18, 1994 and has been in force since February 1, 1994. The Patent Law legitimize inventions as objects of industrial property, regulate the rights and duties of legal and natural persons with respect to inventions, provide legal protection thereof. This Law was founded on the ground of the experience of other countries, that makes the assumptions for the harmonization of Lithuanian Patent Law with European Patent Law.
After more than 50 years Lithuania is getting over the protection of inventions exclusively by patents.
WHAT CAN BE PATENTED ?
THE FOLLOWING ARE NOT CONSIDERED AS INVENTIONS :
PATENTS CANNOT BE GRANTED:
for the methods of treatment of people and animals, diagnostics and prevention of diseases, varieties of plants and animals as well as biological methods of their production (except microbiological) and for the inventions that are deemed to be contrary to public interests, principles of humanity and morality.
WHO CAN APPLY FOR PATENT?
Any interested physical or juridical person, irrespective to his citizenship can apply for Patent in Lithuania. The right to a patent would belong to the inventor or his successor in title. The inventor can assign his right.
The right to the patent for the invention made by an employee during the execution of a commission or an employment contract shall belong to the employer if this is provided for in the employment contract.
PATENT APPLICATION AND PROCEDURE UP TO GRANT
A person wishing to obtain a patent for an invention has to present a patent application to the State Patent Bureau.
A patent application should contain:
- A request for the grant of a patent; which must be presented in the Lithuanian language only.
- A description of the invention; that may be presented in the English, the French, the German or the Russian language and after that translated into Lithuanian within 3 months.
- A claim; two part claim of invention is obligatory, i.e. a claim of general part and distinctive part.
- According to the 14th article of the Law all claims above 10 will require additional payment.
- Drawings, if they are necessary for the explanation of the invention and there is a reference to them.
- An abstract.
- A document confirming payment of the fee.
- A document confirming the right to present an application.
When filing application applicant can submit a declaration claiming the priority, pursuant to the Paris Convention.
The patent application will be published as soon as possible after expire of a period of eighteen months from the date of filing or, if priority has been claimed, as from the date of priority. Provisional legal protection would be provided to a published patent application from the date of its publication until the date of patent grant.
After the patent application is published, if it complies with the requirements of the examination and the applicant pays the relevant fees, the State Patent Bureau will grant the patent and announce it in the Official Bulletin.
The patent is valid for 20 years from the date of filling of the application in Lithuania, if the annual fee for the patent maintenance has been paid.Official fees (effective from 1st January 1997)
Filing fee 150 USD Claims fee for eleventh and each subsequent 10 USD Earlier publication 30 USD Fee for grant 60 USD Opposition fee 30 USD Renewal fees for the 3rd year 70 USD for the 4th year 80 USD for the 5th year 100 USD for the 6th year 120 USD for the 7th year 140 USD for the 8th year 160 USD for the 9th year 180 USD for the 10th year 200 USD for the 11th and each subsequent 250 USD
The content of this article is intended to provide a general information. Specialist advice should be sought about your specific circumstances.