Lithuania Patent Law
The Patent Law of date January 18, 1994, in force since February 1, 1994, with lastest amendments.
Lithuania IP Treaties and Conventions
Paris Convention, Stockholm Act, since May 22, 1994.
Patent Cooperation Treaty (PCT), since July 5, 1994.
European Patent Convention, since December 1, 2004.
Lithuania Patent Filing requirements
-Simply signed Power of Attorney
-Priority document (if claimed);
-A document on the deposit of biological material in a depository institution (if applicable).
Lithuania Patent Registration Procedure
The application undergoes a preliminary examination within three months from the application filing date. In case of meeting the requirements of preliminary examination the patent application is published within 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 State patent Bureau issues a decision to grant a patent. Upon the decision to grant a patent the State Patent Bureau publishes notification of the patent grant in its Official Bulletin. On condition of payment of the grant fee by the applicant the State Patent Bureau issues a patent.
The approximate timeframe of obtaining a patent is about 3 years.
National Phase of PCT: closed. As of September 4, 2014, only the regional phase before the European Patent Office is available.
The patent is valid for 20 years from the filing date.
Are to be paid from the third year.
Not provided for.
Patents shall not be granted for
1) methods for treatment of the human or animal body by surgery or therapy, and diagnostic and prophylactic methods practised on the human or animal body. This provision shall not apply if an object of invention is equipment or materials utilised for such methods;
2) plant or animal varieties or essentially biological processes for the production of plants or animals. This provision shall not apply to microbiological processes for the production of plants or animals or the products thereof, as well as to plants or animals, if technical implementation of the invention is not restricted to a concrete plant or animal variety;
3) inventions the commercial exploitation of which would be contrary to public interests, principles of morality and humanity. Decisions to refuse granting patents may not be adopted merely because the exploitation of such inventions is prohibited by laws or other legal acts.
* When filing a patent application the applicant may submit a declaration claiming the priority, pursuant the Paris Convention for the Protection of Industrial Property, on the basis of one or several national or international applications earlier filed in foreign countries, specifying the filing date and the country of the said application or applications.
* The State Patent Bureau may request from the applicant claiming priority within 3 months from the filing date of the application to furnish a copy or copies of previously filed applications and a translation thereof into the Lithuanian language.
* Upon establishing that the requirements of paragraph 2 of this Article are not observed, the State Patent Bureau may request the applicant to fulfil the requirements. Upon failure to fulfil the requirements, the declaration claiming the priority shall be regarded as not has been filed.
General aspect of the Patent Registration Proceedings in Lithuania
The patent application is filed at the Lithuania State Patent Bureau (SPB).
* The filing date of a patent application shall be the date of receipt of the require documents by the State Patent Bureau.
* The State Patent Bureau shall make an examination of a patent application and establish whether the application complies with the requirements provided for in paragraphs 2 and 3 of Article 2, in Article 11, paragraphs 2 and 3 of Article 13, as well as in Articles 14 and 18.
* After having found that the application does not meet the requirements of the Articles set out in paragraph 1 of this Article, the State Patent Bureau shall invite the applicant to meet such requirements within a period prescribed by the State Patent Bureau. If the applicant fails to do so, the application shall be deemed to be withdrawn.
* After having determined that an invention is unpatentable on the grounds laid down in paragraphs 2, 3 and (or) 4 of Article 2 of this Law, the State Patent Bureau shall make a decision to refuse granting a patent.
Publication of Lithuania Patent Application
* The State Patent Bureau shall publish the patent application as filed by the applicant within 18 months from its filing date, or if priority is claimed, from its priority date. In the event that the applicant files a written request with the State Patent Bureau to have his patent application published earlier, the State Patent Bureau proceeds accordingly, but no earlier than six months after the filing date of the application.
* A patent application shall not be published if, within 17 months from its filing or priority date, it has been withdrawn, deemed to be withdrawn or an invention has been made secret in the manner prescribed by legal acts.
* Temporary legal protection shall be provided to a published patent application from the date of its publication until the date of patent grant.
* If the published patent application is later withdrawn or disputed by another person, it shall be considered that the application has not been provided with the temporary legal protection provided for in paragraph 3 of this Article.
* After an invention has been made secret in the manner and on the grounds laid down by legal acts, the inventor shall be paid compensation according to the agreement made between the entity of state secrets and the inventor.
* After an invention has been declassified in the manner and on the grounds laid down by legal acts, the data of such invention shall be published in the Official Bulletin of the State Patent Bureau.
* If the patent application meets the requirements of this Law, has not been withdrawn or deemed to be withdrawn, the State patent Bureau, on payment of the prescribed fee by the applicant, shall within six months grant a patent.
* Upon the decision to grant a patent, the State Patent Bureau shall publish notification of the patent grant in its Official Bulletin.
* The form of a patent document and the number of data entered shall be established by the State Patent Bureau.
* A patent shall be granted in one copy only. In the event that there are several applicants, unless otherwise agreed, the patent shall be granted in the name of the applicant who is stated first in the request.
Lithuania Trademark Law
Legal basis is the "Law on Trademarks" of October 10, 2000, in force since January 1, 2001. A new version of the law with amendments related to implementation of the EU Trademark Directive 2015/2436, was adopted on December 4, 2018 and came into force on January 1, 2019
The amended Regulations for the registration of trademarks, which implement the new version of the Law on Trademarks, were confirmed by the order of Patent Bureau director on January 24, 2019 and are valid as from January 26, 2019.
Trademark protection is obtained by registration under national, international or European Union trademark system in Lithuania. Trademarks which were protected in the former Soviet Union are protected in Lithuania only, if they were re-registered within the period stipulated.
A mark may be recognised as well-known in a court proceeding if the results of its use or promotion reveal that it is well-known in the relevant sector of the public. It can be protected even without registration.
Lithuania is member of the folowings IP treaty and conventions
Paris Convention, Stockholm Act, since May 22, 1994.
Lithuania is a member of the Madrid Protocol. Since May 1, 2004.
Lithuania has been a member of the European Union.
Nice classification, 11th edition. Multiple-class applications are possible.
The international Vienna classification of figurative elements has also been adopted.
Simply signed power of attorney is sufficient.
Lithuania Trademark Registration Procedure
The application is filed at The State Patent Bureau of the Republic of Lithuania (SPB)
The application process includes a formal examination of the application and an examination of the mark based on absolute requirements, but no search for prior trademarks.
* After granting acknowledgement of receipt of the application, the SPB will perform a formal examination of the application documents and check whether the documents specified in the law have been submitted. If deficiencies are identified, a term of 2 months from the date of dispatch of the notice shall be set for their elimination, except for the submission of priority documents, for which a term of 3 months will be set from the submission of the application.
* Re-examination of trademark application is possible under applicant request. The applicant has the right to submit a reasoned request to the SPB in writing for a re-examination within 2 months from the date of dispatch of the decision not to register the mark or part of the mark and / or services. The request must state the reasons for disagreeing with the expert's decision and be accompanied by evidence in support of the applicant's arguments.
The processing time from first filing to acceptance or first office action is approx. 3 months (during this period temporary legal protection shall be afforded for the mark).
After acceptance, the mark is published in the official bulletin of the State Patent Bureau.
If no opposition is received within 3 months from the date of publication of the application; and after termination of the opposition period, the mark is registered and a registration certificate is issued.
The accelerated examination of the application is possible and it is carried out within 5 working days.
National Opposition Period
The opposition period is 3 months from publication of the application. The motivated written application for opposition should be filed with the Appeal Division of the State Patent Bureau.
* Interested persons may object to the application for a mark in writing by submitting a reasoned opposition to the Appellate Division of the SPB within 3 months from the date of publication of the application in the Official Gazette of the SPB.
The procedure for the examination of oppositions will be established by the Rules for the Examination of Appeals and Protests.
The approximate trademark registration time from filing to registration in Lithuania is from 18 to 24 months.
A trademark registration is valid for 10 years from date of application.
The registration is renewable for periods of 10 years. Renewal application must be filed within the 6 months before expiration.
If the owner of a trademark register do not use it without justifying reasons during five consecutive years, the trademark may be revoked in judicial proceedings at the request of any interested person.