Patents Laws in Latvia
Here’s a clear overview of the patent laws in Latvia:
1. Governing Law
Patent law in Latvia is primarily governed by the Patent Law of the Republic of Latvia (last amended in 2023).
The responsible authority for patents is the Latvian Patent Office (LPO).
2. Types of Patent Protection
Invention Patents: Protection granted for new inventions, valid for up to 20 years.
Latvia also recognizes utility models, but only for certain technical solutions, valid for a shorter period (up to 10 years).
3. Patentability Criteria
To be granted a patent, an invention must meet:
Novelty: Not disclosed publicly anywhere before the filing date.
Inventive Step: Must not be obvious to a person skilled in the relevant field.
Industrial Applicability: The invention must be capable of being made or used in some kind of industry.
Exclusions from patentability include:
Discoveries, scientific theories, mathematical methods
Aesthetic creations, rules for intellectual activities (e.g., business methods, computer programs as such)
Inventions contrary to public order or morality
4. Filing Procedure
Applications can be filed directly with the Latvian Patent Office or via:
The European Patent Office (EPO) under the European Patent Convention (EPC)
The Patent Cooperation Treaty (PCT) system for international patent applications.
Required documents include:
Application form
Description of the invention
Claims
Drawings (if applicable)
Abstract
5. Duration and Maintenance
Patents are granted for a maximum of 20 years from the filing date.
Annual fees must be paid starting from the third year to maintain the patent.
Utility models last for up to 10 years with appropriate fees.
6. Enforcement
Patent holders can enforce their rights via civil court actions for:
Injunctions to stop infringement
Monetary damages
Seizure of infringing products
7. International Treaties
Latvia is a member of several key international IP agreements:
European Patent Convention (EPC)
Patent Cooperation Treaty (PCT)
Paris Convention
Member of European Union (EU IP laws also apply)
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