Patents: Lithuania

General Information

International Agreements : Paris Convention, PCT & EPC

Patent Types : Patent

The following shall not be regarded as inventions : 

  • Discoveries, scientific theories and mathematical methods. 
  • Design of products. 
  • Schemes, rules and methods of games, intellectual and economic activities, as well 
    as programmes for computers; and 
  • Presentations of information.

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.
  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.

Novelty Requirements : Absolute novelty - An invention shall be considered new if it does not form part of the state of the art. The state of the art shall consist of everything which, before the filing date of patent application or where priority is claimed, before the priority date, has been published or was in public use in the Republic of Lithuania or abroad. An invention shall not be considered new if although unknown from the state of the art it had been described in an application for patent of a different applicant having an earlier filing date and published in the Official Bulletin of the State Patent Bureau later or on the same date, that the state of the art had been established.

Claiming priority : Yes

Examination : Formal examination. Lithuania State patent Bureau does not provide examination on novelty and Inventive step requirements. The State Patent Bureau shall make an examination of a patent application and establish whether the application could be regarded as invention and whether the Patent could be granted for invention.

Protection Period : 20 Years

Publication : Yes - 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 it is withdrawn within 17 months from its filing or priority date

Annuities : The first annual fee shall be due from the third year of the validity of a patent. The annual fee shall be paid within last two months of the current year of the validity of a patent.

The owner of a patent may file a statement with the State Patent Bureau that he is prepared to allow any person to use the invention as a licensee in return for appropriate compensation. In this case the annual fees shall be reduced by 50%.

Grace Period for Payments : 6 Months with additional 50% fees.

Compulsory Licensing : Article was repealed and only remains article "Exploitation of an Invention with the Authorisation of the Government of the Republic of Lithuania"

Working or nominal working of Patents/Inventions : There is no working requirement in Lithuania Patent Law.

Notes :

  • Patents granted on European Patent applications filed after 5 July, 1995 could be extended to Lithuania. The extension fee must be paid to EPO in accordance to the time limits for payment of designation fee and after patent grant it must be validated in Lithuania within 3 months. For validation the translation of claims only is required, therefore it is cheapest way to get protection in Lithuania.
  • On 1 December 2004 Lithuania became the member of EPC, therefore applications filed after 1 December, 2004 Lithuania could be designated.

 

Filing Requirements

Patent Filing Requirements

  1. Description of the invention. 
  2. One or more claims. 
  3. Drawings if necessary for the understanding of the essence of the invention. 
  4. An abstract. 
  5. Assignment Deed.
  6. Power of Attorney simply signed.

Minimum requirements for filings :

The filing date of a patent application shall be the date of receipt by the State Patent Bureau of the following documents:

  1. A request to grant a patent. 
  2. Description of the invention together with claims.
  3. Any drawings if necessary for the understanding of the essence of the invention. 
  4. A document confirming payment of the fee.

 

^ Back To Top

Simonian IP
Phone: (818) 846-5252   |   Fax: (818) 846-5253
Email:    |   Website: www.SimonianIP.com
Mailing Address: P.O.Box 3512, Glendale, CA 91221, U.S.A.
Courier Address: 1112 Linden Ave., #108, Glendale, CA 91201, U.S.A.