Latvia Patent Law
* Patent Law, Chapter I. This Law shall come into force on 1 March 2007 with latest amendments in force from January 1, 2016.
* Industrial Property Institution and Procedure Law, in force from January 1, 2016.
Latvia Conventions and Treaties
* Paris Convention, Stockholm Act, since September 7, 1993.
* Berne Convention
* Patent Cooperation Treaty, since September 7, 1993.
* Budapest Treaty (1977)
* Hague Agreement (1925)
* Locarno Agreement (1968)
* WIPO convention (1967)
* Madrid Agreement (Mark)
* Wto/Trips (1994)
* Madrid Protocol (1989)
* Nice Agreement (1957)
* European Patent Convention, since July 1, 2005.
Latvia Patent Applications Filing requirements
1. A simply signed Power of Attorney.
2. The name and address of the applicant and the inventor.
3. Specification with claims and an abstract in English, German, French or Russian for translation into Latvian;
4. Certified copy of priority document if convention priority is claimed (may be filed within 16 months from the priority date);
Latvia Patent Registration Procedure
The Latvia patent application is filed at the The Patent Office of the Republic of Latvia (PATENTU VALDE).
After completion of the filing procedure the application undergoes preliminary and formal examination. In case of meeting the requirements of preliminary examination the patent application is published upon expiration of 18 months from the application filing date or priority date (if any). Then the application undergoes a formal examination. If the application complies with all requirements of the examination the grant decision is issued. On condition of payment of the grant fee by the applicant a patent is issued and the grant decision is published. Any interested person may file an opposition against the grant decision within 9 months from the grant decision publication date.
The average timeframe of obtaining a patent is about 2 - 3 years.
A patent is valid for 20 years from the application filing date in Latvia, or 20 years from the PCT filing date. European patents extended to Lithuania and Latvia are valid for 20 years from the EP filing date.
A patent annuity must be paid each year to the patent office for maintaining the patent in force for the following year. The annuity must be paid within 2 months prior to the patent annuity due date or within 6 months after the annuity due date with a higher fee.
National Phase of PCT
Under Chapter I: 31 months; under Chapter II: 31 months.
Latvia Trademark Law
Legal basis is the “Trademark Law”, in force since March 6, 2020 as well as the “Law On Industrial Property Institutions and Procedures” in force since January 1, 2016.
First to-file country.
Latvia is a member of the Madrid Agreement and the Madrid Protocol.
Trademark protection is obtained by registration. It can also be acquired by sufficient public recognition.
Latvia Conventions and Treaties
Paris Convention, Stockholm Act, since September 7, 1993.
Madrid Agreement, since January 1, 1995.
Madrid Protocol, since January 5, 2000.
Nice Classification, 11th edition. Multiple-class applications are possible.
A Power of Attorney (POA) simply signed. The signed Power of Attorney can be filed late, within 3 months after the application filing date in Latvia.
Latvia Trademark Registration Procedure
The Latvia trademark application is filed in paper form or electronically at the The Patent Office of the Republic of Latvia (PATENTU VALDE).
The application process includes a formal examination, classification check, an examination on absolute grounds and an examination for collision with famous trademarks. There is no search for prior trademarks as a part of trademark examination.
Signs not deemed distinctive in the examination can be registered if distinctiveness has been acquired by use.
* Within three (3) months of the day of the receipt of the application, the Patent Office shall conduct a preliminary examination of the application, verify the compliance of the application with the requirements of the Law and determine the filing date (examination of formal requirements). If the applicant has the right to priority, the Patent Office shall also determine the date of priority.
* If the application does not comply or only partially complies with the requirements of the Latvia Law, the Patent Office shall notify the applicant thereof in writing and set a term of three (3) months for reply (elimination of deficiencies).
* If the application complies with the requirements of the Latvia Law (even if the initially established deficiencies have been eliminated) the Patent Office shall take a decision to accept the application for examination (the acceptance of the application) and send a written notice to the applicant.
* Within three months (3) from the date when the application has been accepted for expert-examination, the Patent Office.
* If the result of expert-examination is favourable, the Patent Office will take a decision to register the trade mark. An invitation to pay the fee for the registration and publication of the trade mark shall be appended to the decision.
* If the applicant has paid the prescribed fee, as soon as possible after taking of a favourable decision on the results of expert-examination, the Patent Office will prepare the trade mark and the data concerning it for registration and publication.
* After successful examination the trademark is registered and published in the official Gazette and opened for public inspection at the Patent Office for 3 months. The registration of the trade mark in the State Register of Trade Marks will take place simultaneously with its publication in the official gazette of the Patent Office.
* After registration and publication of the trade mark the Patent Office will issue to the owner, on an official certificate of trade mark registration.
National Opposition Period
The opposition period is 3 months from publication date of trademark registration (post-grant procedure).
The processing time from first filing to the registration is approx. 9-12 months.
A trademark registration is valid for 10 years from date of application. The registration is renewable for periods of 10 years.
Vulnerability for cancellation after five years of non-use. If, within five years from the date of registration, the owner of the trade mark has not commenced the actual use of the trade mark in Latvia in connection with the goods and services for which it has been registered, or if such use has been discontinued during the period of validity of the trade mark for five successive years, and there are not sufficient reasons for non-use, the cancellation provisions of may be applied with respect to this trade mark.