Patent protection registration in Latvia

Latvia is a country with many advantages in the development of inventions in various fields. Latvia has strengths in information and communication technology, especially in areas such as software development, cybersecurity, and blockchain technology. Latvia has a strong tradition of life sciences research, especially in fields such as pharmaceuticals, biotechnology, and medicine. Latvia has the potential to develop renewable energy, especially wind energy and biomass energy. Latvia has a developed mechanical industry, specializing in the production of products such as agricultural machinery, electrical appliances, and electronic equipment. In addition, the Latvian government is also actively supporting the development of inventions through grant programs, tax incentives, and other initiatives. Therefore, more and more individuals and organizations want to register their patent in Latvia, Viet An Law – IP Firm  would like to guide customers through the article below.

Legal Basis

• Patent Law (amended to July 12, 2021)

Definition of Invention in Latvia

In Latvia, a patent is an exclusive right granted by the State Patent Office for a new invention, which has advanced in invention and has industrial application. A patent grants the owner an exclusive right to prevent or terminate the unauthorized commercial exploitation of the patented invention by others for a limited period of time, usually 20 years from the date of filing the patent application.

Conditions for registering a patent in Latvia

• Novelty: The invention must be new, which means that the invention has never been publicly available anywhere in the world prior to the date of filing the patent application. This includes disclosure through publications, oral presentations, use, or any other means.
• Innovative progression: An invention must not be obvious to someone with expertise in the technical field, which means it must include an innovative step that is not simply a combination or variation of existing knowledge or technique.
• Industrial applicability: The invention must have the ability to be used in industry or other fields of economic activity, which means that it must have practical application and not just be theoretical or abstract.

Types of patents that can be registered in Latvia

• National Patent: This is a patent issued by the Latvian Patent Office and is valid only within the territory of Latvia. It is obtained by filing a national patent application directly with the Latvian Patent Office.
• Regional (European) Patent: This is a patent issued by the European Patent Office (EPO) and can be recognized in Latvia and other designated European countries. It is obtained by filing a single European patent application for the EPO, which is then subjected to centralized examination. If granted, a European patent can be recognized in Latvia by filing a translation of the patent claims into Latvian and paying the necessary fees.

Latvia has no specific regulations on industrial designs or small patents. However, inventions that may qualify for protection under these types in other countries are likely to be protected such as national patents in Latvia, as long as they meet the criteria of novelty, creative progress, and industrial applicability.

Patent registration dossier in Latvia

• Patent Application: This form includes information such as the name of the invention, the name and address of the inventor(s) and the applicant(s), and the filing date.
• Description: This is a detailed description of the applicant’s invention, including the context, the technical field, the problems it solves, and how it works. The applicant must provide sufficient detail so that a person with expertise in the field can understand and reconstruct the invention. The information typically includes the following sections:
  • Name of the invention
  • Technical Field
  • Background art
  • Patent Summary
  • Brief description of the drawings (if applicable)
  • Detailed description of the invention
  • Industrial applicability
• Protection Claims: This is a numbered list of claims to determine the scope of protection for one’s invention. Claims for protection are the most important part of a patent application, as they define the scope of the applicant’s exclusive rights.
• Drawings (if any): If the applicant’s invention can be illustrated, drawings should be provided to help clarify the description.
• Summary: A brief summary of the invention, usually about 150 words or less.
• Priority documents (if any): If the applicant has applied for a patent for the same invention in another country within the last 12 months, the applicant can claim priority.
• Power of attorney (if any): If the applicant files through the patent representative, it is necessary to provide them with a power of attorney on behalf of the applicant.
• Other documents (if applicable): Depending on the applicant’s case, the applicant may need to file other documents, such as a transfer agreement if the applicant is not the inventor, or a copyright statement.

Patent registration in Latvia through the PCT system

What is the PCT System?

The PCT system stands for Patent Cooperation Treaty – an international treaty that aims to create a uniform process for filing international patent applications. The system is administered by the World Intellectual Property Organization (WIPO) and has more than 150 countries participating, including Latvia.

Benefits of the PCT system:

• Save time and money: The PCT system allows the applicant to file a single patent application for patent protection in multiple countries participating in the Treaty, rather than having to file a separate application in each country. This saves time, costs and administrative procedures.
• Postponement of the national filing deadline: When filing a PCT application, the applicant has an additional 30 months to decide which country the applicant wants to protect the invention. This is a valuable time for the applicant to evaluate the commercial potential of the patent and prepare for the filing of the national application.
• Simple Process: The PCT System uses a common set of rules and procedures for all participating countries, which simplifies the filing process and saves time for both the applicant and the national patent office.
• Early Search Information: The International Search Report and Written Opinion of the International Patent Search Agency will provide the applicant with information about the novelty and patentability of the patent, helping the applicant to make an informed decision about filing a national application.
• Enhanced international cooperation: The PCT system encourages international cooperation in the field of patents by creating a common platform for the exchange of information and the sharing of experiences between countries.
• Support innovation: The PCT system helps promote innovation by reducing the procedural burden on inventors and making it easier for them to protect their patents worldwide.

Patent registration dossier through the PCT system

To file an invention registration through the PCT system, you need to prepare a set of documents including the following documents:

• PCT Application: The application can be filed in Vietnamese or English, however, it is recommended that it be filed in English to facilitate the processing. You can download the PCT application form from the WIPO website: https://www.wipo.int/pct/en/forms/
• Description of the invention: The description of the invention should present the invention in detail and clearly, including:
  • Patent Name Technical Field
  • Patent Summary
  • Detailed explanation of the invention
  • Drawings (if any)
  • Request for protection
• Claim for protection: The claim for protection should clearly define the scope of protection that the applicant wants to give the invention.
• Patent Claims: Patent claims need to clearly identify the inventor (or inventors).
• Letter of Authorization (if applicable): If the applicant uses an intellectual property representative to file the application, the applicant needs to provide a Letter of Authorization that authorizes the representative to represent the applicant during the filing process and process the procedure.

Additional documents (may be required):

• Priority documents (if any): If the applicant filed an application for the same patent in another country before filing the PCT application, the applicant may claim priority based on the date of filing that application.
• Translation (if applicable): If any of the documents on file are not in English or French, the applicant needs to provide a translation into either of these languages.
• Application fee: The applicant needs to pay the PCT filing fee to the International Receiving Bureau (IB).

If you want to file an application for patent registration, please contact Viet An Law for the most effective support.

Update: 9/2024