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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