The Saeima has adopted and the President promulgated the following laws: law of patents chapter I General provisions article 1. The terms used in the law, the law is applied in the following terms: 1) national patent application, patent application submitted to the Patent Office of the Republic of Latvia (hereinafter Patent Office) in accordance with the requirements of this law;
2) national patent on the basis of national patent applications granted patents of Latvia;
3) Paris Convention — March 20 1883 Paris Convention for the protection of industrial property (14 July 1967 in the Stockholm Act, adopted in 1979 on September 28 amendments adopted);
4) Paris: Paris Union Convention in the Member States of the Union;
5) priority — the priority date which granted patent application under the Paris Convention;
6) Patent Cooperation Treaty: 19 June 1970 in agreement (with 2, 1979 and on October 3, 1984 and amended in February);
7) international application — an application filed under the Patent Cooperation Treaty in this Treaty, any Member State;
8) of the European patent Convention, the Convention to which the Republic of Latvia acceded to the law "On 5 October 1973, the Convention on the grant of European patents (European patent Convention), October 17, 2000 the Board with one of the Convention on the grant of European patents article 65 and 29 November 2000, the amendments of 5 October 1973 in the Convention on the grant of European patents (European patent Convention)";
9) — the European patent application a patent application filed under the European patent Convention;
10) European patent: under the European patent Convention a European patent application the European patent authorities granted patent;
11) biological material: any material containing genetic information and capable of reproducing itself or being reproduced in a biological system;
12) biotechnological inventions, inventions relating to products consisting of or containing biological material biological material, or to the techniques by which biological material is produced, processed or used;
13) microbiological technique: a technique involving or resulting in microbiological material, performed upon microbiological material;
14) biological methods: a plant or animal acquisition technique, which consists entirely of natural phenomena such as crossing or selection. 2. article. The purpose of the law the purpose of the law is to promote the inventor activity and industrial development of the country, providing the inventor and patent owner rights article 3. The regulation of the legal relationship in the field of patents (1) the provisions of the law on patents also applies to inventions in the international application or European patent applications, as well as to the rights associated with European patents, their validity, use, and protection, as far as the European patent Convention and the Patent Cooperation Treaty rules or this Act, chapter XI and XII special provisions on international patent applications to the European patent application and European patent does not provide otherwise.
(2) a Person is eligible to be patented, to use and to protect inventions in other countries in accordance with national legislation and international rules of hire.
(3) If Latvia applicable international agreements provisions different from the provisions of this law, applicable international agreements. Chapter II, article 4 of the Exemption conditions. The patentability of the invention is the invention protected by the patent in any technical field, if an invention is new, it is an inventive step and is industrially applicable. 5. article. Novelty (1) an invention shall be considered new if it is not part of the art.
(2) technical level includes any knowledge that is available to the public in writing or orally, is publicly used or disclosed in any other way before the filing date of the patent in accordance with article 28 of this law the second part or the date of priority, in accordance with article 29 of this law.
(3) the technical level is also considered part of national patent applications, of which the filing date shall, in accordance with article 29 of this law, is earlier than this article, the date referred to in the second subparagraph and which have been published on this date or after that date. These conditions also apply to European patent applications with an earlier priority.
(4) of this article, the second and third subparagraph shall not exclude the patentability of substances or compositions, which are known from a technical level, if the substance or composition: 1) designed for use with the article 8 of the Act referred to in that subparagraph, and this is not art;
2) for this part of the method referred to in paragraph 1 for specific use cases where specific use is not part of the art. 6. article. Published information, not prejudicial to the novelty (1) of this Act, the conditions of article 5 does not apply if the invention was disclosed no earlier than six months before the date of the patent application and if the disclosure is: 1) against the applicant for the patent profession (hereinafter the applicant), or his legal predecessor;
2) had the applicant or his legal predecessor of invention official international exhibition, demonstration or equivalent international exhibition, organized according to the 1928 signed in Paris on November 22 international exhibition Convention and its 30 November 1972 amendments.
(2) the first subparagraph of paragraph 2 shall apply only if the applicant filed the patent application, declares that the invention has been displayed in this exhibition, and within four months from the filing date, submit evidence of this fact. 7. article. Inventive step (1) an invention shall be deemed to conform to an inventive step if, having regard to the State of the art, the invention is not obvious expert in the relevant technical area.
(2) if the technical level also make this law article 5 referred to in the third paragraph, the patent applications, then, when assessing the inventive step, they are ignored. 8. article. The industrial application (1) an invention shall be considered industrially applicable if it can be made or object can be used in any industrial sector, agriculture, or other area of the economy.
(2) Therapeutic or surgical methods of treatment and diagnostic methods, which are applied to the human or animal body shall not be considered as industrial use. This exception does not apply to devices and substances or compositions used in using these techniques. 9. article. The invention of the object and not protected objects (1) the invention may be a device object, stroke, substance, substance composition, biological material.
(2) For the purposes of this law, inventions do not consider: 1) discoveries, scientific theories and mathematical methods;
2) aesthetic solutions;
3) plans, intellectual, commercial or game rules and techniques, as well as computer programs;
4) outreach techniques.
(3) the second subparagraph of that object is not possible when the patent is required only for the same exemption in that object.
(4) a Patent shall not be granted for inventions whose publication or use is contrary to public policy or public to accepted principles of morality, however, the decision not to grant a patent, may be made only on the basis of the fact that such use is prohibited by law, regulation or administrative provision. 10. article. Biotechnological inventions (1) Patents shall be granted for a biotechnological inventions that: 1) biological material content, which isolated from its natural environment or produced by a technical process, even if it was previously found in nature;
2) refers to plants or animals, if the technical nature of the invention is not confined to a particular plant or animal variety;
3) refers to a microbiological or other technical process or a product obtained by such method, if it is not a plant or animal variety.
(2) a Patent shall not be granted for plant or animal varieties or essentially biological plant or animal varieties of acquisition techniques.
(3) in accordance with article 9 of this law a fourth patent not granted to biotechnological inventions relating to: 1) human cloning;
2) modifying the genetic identity of human gametes;
3 the use of human embryos) for industrial or commercial purposes;
4) modifying the genetic identity of animals, which are likely to cause them suffering without any substantial medical benefit to man or animal, and also animals resulting with the following techniques.
(4) the human body, at the various stages of its formation and development, and the simple discovery of one of its elements, including the sequence or partial sequence of a gene, cannot constitute a patentable invention.
(5) an Element isolated from the human body or otherwise produced with techniques, including the sequence or partial sequence of a gene, may constitute a patentable invention, even if the structure of that element is identical to that of a natural element.
(6) the Gene the industrial application of a sequence or a partial sequence of particulars of the patent application. 11. article. Secret inventions (1) if the invention concerns the protection of the interests of the country, it is a secret and it records the Defense Ministry Cabinet.

(2) the secret terms of use of the invention, as well as compensation for its use is determined by the inventors and the Ministry of defence agreed. If the parties fail to agree on compensation, the Court shall determine the civil procedure law.
(3) a Patent application relating to the invention referred to in the first subparagraph of this article, the Patent Office may be submitted after the Defence Ministry authorisation. Chapter III of the Person who is entitled to the patent article 12. (1) of the legal entity the right to patent is the inventor or his successor in title.
(2) If the invention caused by several persons jointly, they shall have a joint right to the patent.
(3) If several persons have created the invention independently of the other, the right to a patent is the person whose patent application has the earliest filing date of the earlier application, if this has been published. 13. article. Recognition of rights (1) If a patent application submitted by a person who had no right, or if the patent has already been granted for such person, then the person in accordance with article 12 of this law, has the right to a patent and the relevant evidence, may sue to recognise and put it right to a patent application or patent.
(2) If a person in accordance with article 12 of this law the second part has the right to a patent jointly with another person, and this right is not respected, that person may, in the first subparagraph in order to ask it to be recognized as the applicant or patent owner jointly with another person.
(3) in the first and second part of said right be used no later than two years after the date of notification of the grant of the patent, published in the Official Gazette of the Patent Office. A time limit shall not apply if the person was not entitled to the patent, acted in bad faith at the time when the patent application was filed in or ownership of the patents were transferred to it.
(4) the Person who submitted the claim to the Court to recognize the right to a patent application or patent, shall forthwith notify the Patent Office. If the action is brought before the publication of the patent application in the Official Gazette of the Patent Office or the patent application is otherwise disclosed to the public, the Patent Office, the Court and the parties to comply with the confidentiality required in relation to the substance of the patent application.
(5) a Person who was given the benefit of the judgment of the Court of Justice, it shall be submitted to the Patent Office a copy, which changes the ownership of and others from the existing judgment consequential amendments to take into account, when examining the patent application or, if the application has already been published, the entry in the register of patents and published the notice in the Official Gazette of the Patent Office. 14. article. Inventor of the personal rights of the inventor, regardless of who is the applicant or patent owner, are inalienable personal right to: 1) authorship, the right to be recognised as the inventor;
2 words: rights) as the inventor of the patent application and the patent for the invention in all the related documents and publications or to renounce these rights, in writing, request the Patent Office to his name not specified. 15. article. Inventions created in labour relations (1) the right to the patent shall belong to the employer, if the invention for which a patent application has caused the employee whose job responsibilities include: 1) izgudrotājdarbīb;
2) research, design and construction, or technological developments.
(2) If the employee's responsibilities do not include the first part of this article, the conditions, but are related to the scope of the employer, the right to a patent belongs to the inventor. In this case, the employer has the right to use the invention in the form of simple license, without the right to grant the license to other parties. If the employer's enterprise over the property of another person, the right to use the invention over the employer's successor with the company. This assignment is not allowed in any other way.
(3) the employee who created the invention in accordance with the first paragraph of this article, is obliged immediately to inform the employer in writing, and submit the documents for the assessment of the invention.
(4) If the employer waives the right to the invention, or in three months does not notify the employee of your intention to use this right, the right to the invention to move the employee.
(5) the filing of the patent application Before the Patent Office, the employer and the employee shall refrain from any disclosure of the substance of the invention by third parties.
(6) the employer and employee relationship due to the additional remuneration for the first paragraph of this article and the use of the invention is determined in the labour contract or collective agreement.
(7) on the right to the patent may enter into a contract, the terms of which differs from the first or second paragraph. Chapter IV of the patent and patent application ensuing rights article 16. Exclusive rights (1) the owner of the Patent provides exclusive rights. Without the patent owner's permission to third parties shall be prohibited: 1) proprietary products manufactured, offered for sale, or distributed on the market, use, as well as the import, export and store those purposes;
2 use proprietary techniques);
3) offered for sale, or distributed on the market, use, as well as the import, export and store those purposes the product directly obtained by the patented technique;
4) supply or offer to supply the patented product, essential elements, if the third person knew or under the circumstances should have known that the following elements are valid, and for the implementation of the invention.
(2) the first subparagraph of paragraph 4 of the conditions shall not apply if the invention for the implementation of the essential elements of which are commercial commodities, except in the case where a third party with such a supply is encouraged to take the first paragraph of this article. Article 17. Exclusive rights (1) the amount Of any exclusive rights of the patent to determine the amount of the claims. The explanation of the invention can be used in the description and drawings.
(2) in assessing the patent resulting from the exclusive rights of the patent infringement case, also claims that signs of equivalents, which are elements of the test object. In the object element to be analyzed is considered the equivalent of a sign referred to in the claims for patent infringement if it performs the same function in the same way, producing the same result as the claimed feature and if that expert is seen that using the test object, the equivalent element might achieve the same result.
(3) a description of the invention and drawings in the claims should not be used for extended explanation. 18. article. Exclusive rights are (1) the exclusive right to fully enter into force on the day of publication of a notice of the grant of the patent, and ends no later than after 20 years from the date of the patent application.
(2) for the period from the date of this law, in article 35 in the order published patent application until the patent date of invention award is granted temporary legal protection. If within this period the third party uses the invention patentable without the applicant's consent, the patent holder is entitled to claim compensation.
(3) when fixing the refund, account shall be taken of the good faith of the holder of the invention. 19. article. Biotechnological inventions resulting from exclusive rights (1) the protection afforded by the patent granted for the invention of the biological material obtained as a result of special features apply to biological material derived from the original biological material identical or different propagation and possessing the same characteristics.
(2) the protection granted by the patent technique under which biological material is processed, which resulted in the invention won the special features also apply to biological material directly obtained by such process and to any other biological material derived from the directly obtained biological material identical or different propagation and possessing the same characteristics.
(3) the protection that the patent confers, which contains genetic information or genetic information, which is made up of, also applies to all material, except the human body or its parts, which includes product and which contains genetic information and carry out their functions (article 10, fourth paragraph).
(4) If the holder of the patent or with his consent, sells or otherwise disposes of plant propagating material to a farmer for agricultural purposes, which means also allows the farmer to use the production on his holding for reproduction, the first, second and third subparagraphs shall not apply to the extent and under the conditions which correspond to Council of 27 July 1994, Regulation (EC) No 2100/94 on Community plant variety rights article 14 or in the plant variety protection Act laid down in article 24.

(5) the first, second and third subparagraphs shall not apply if the holder of the patent or with his consent, sells or otherwise distributes farmer breeding animals or other animal reproductive material, which also implies permission to use a patent to the farmer of protected livestock lauksaimn the thighs. This permission includes the animal or other animal reproductive material to offer agricultural activities, but not sale for commercial reproduction or its objectives. 20. article. From patent exclusive rights deriving from the patent restrictions ensuing exclusive rights can not be implemented for: 1) acts done for private purposes and not for commercial purposes;
2) experimental or exploratory activities;
3 the patented invention of the object), as well as to the proprietary or protected by a supplementary protection certificate for medicinal products or plant protection products research, carried out in order to obtain the distribution market;
4 fabrication of single drugs) pharmacy by prescription, as well as on activities with the following drugs made;
5 use of the invention) is a foreign vehicle construction or operation of which temporarily or accidentally located on the territory of Latvia, if the invention is used only for the vehicle. 21. article. (1) the exhaustion Of patent rights arising shall not apply to transactions with the patented product made in the European economic area, if this product is included in economic circulation in the European economic area by the owner of the patent itself or another person with his consent, of the patent owner, unless there are legal grounds to oppose further economic circulation of the product.
(2) article 19 of this law in the first, second and third subparagraphs of that protection does not extend to biological material obtained by reproduction the biological material, where the economic circulation of the European economic area to include even the owner of the patent, or another person with his consent, where the multiplication result directly from its use, for the purposes of which the biological material was marketed, provided that the material obtained is not subsequently used for other propagation. 22. article. Iepriekšlietojum (1) a Person who, in the territory of Latvia before the application date of the patented invention or the date of priority was good faith, commercially used the invention or made such use of the necessary arrangements, is entitled to and without payment of remuneration to the owner of the patent to continue to use the invention for commercial purposes during the scheduled amount of preparatory work.
(2) Iepriekšlietojum of rights may be transferred to another person only together with the business or part of the company in which the invention is used in the first paragraph of this article. Chapter v, article 23 of the Patent Office. The Mission of the Board of the patent in the Patent laws of the Board determine competencies within the exercise of State policy in the field of industrial property, ensuring the registration of industrial property rights and promoting awareness of the need for protection of the rights of the country. 24. article. The Patent Board employee responsibilities and restrictions (1) employees of the Patent Office, on the basis of the inspection results, independently and according to the laws and regulations in the field of industrial property in the name of the Patent Office shall decide on the grant of patents or trade marks, designs, topographies of semiconductor products or the creation of a supplementary protection certificate.
(2) the Patent Office's staff while they are working in the Patent Office, and the year after their working relationship with the Patent Board was terminated, not eligible to submit a patent application, as well as, directly or indirectly, except probate, obtain a patent granted by the Patent Board or granted, or to obtain any of the patent rights. These persons are granted the patent application right of priority, if the application is lodged during the year after the person's given up working relations with the Patent Office. 25. article. The Patent Board of Appeal Board (1) the Patent Office's Board of appeal (hereinafter Board of appeal) is collegial decision-making body established as a Department of the Patent Office with patents, trademarks, designs and topographies of semiconductor-related disputes.
(2) the Patent Board Director of a proposal by the Minister of Justice shall determine the number of members of the Board of appeal and be appointed for three years, members of the boards of appeal, of which one approves of the Chairman of the Board of appeal. The Board of appeal shall consist of the representatives of the Board of patents and the scientific, technical or legal professionals.
(3) the Board of appeal, on the basis of a written appeal or objection, with patents, trademarks, designs and topographies of semiconductor-related disputes. The composition of the Board of appeal referred to the specific case confirms the appeal of the President of the Council, taking into account the nature of the case, the competence of the members of the Board of appeal and congestion. Each appeal and opposition consider an odd number of members of the Board of appeal, but not less than three members, at least one of them is a lawyer, and at least one of them is a specialist who is not an employee of the Patent Office. If necessary, the Board of appeal may invite independent experts for an opinion on the dispute.
(4) the composition of the Board of appeal in the appeal or opposition proceedings must not include a person who the Board of patents taken in previous proceedings or expertise. Member of the Board of appeal is not entitled to participate in the proceedings if he is directly or indirectly personally interested in the outcome of the case or there are other circumstances that cause reasonable doubt as to his impartiality. The parties can sign up for a member of the Board of appeal rejection. A decision on the proposed rejection of accept the composition of the Board of appeal.
(5) in making a decision, the members of the boards of appeal are independent and not subject to the order or other effects. Decisions shall be taken by a simple majority. Member of the Board of appeal, who participated in the proceedings have the right to abstain from voting.
(6) the Appeal Board hears appeals and objections to this law, the law "on trademarks and geographical indications", design law and protection of topographies of semiconductor products in accordance with the procedure laid down in the law. 26. article. Representation (1) legal or natural persons whose habitual residence or place of residence is Latvia or who have no business in the territory of Latvia, the representative shall be the Patent Office the patent professional.
(2) the legal or natural person whose habitual residence or place of residence is in Latvia or in the territory of Latvia belongs to the company, the Patent Board may be represented personally or by its employees or by an authorised representative. This representative may not be a professional patent attorney.
(3) the Patent Office shall carry out the professional register of patent attorneys. The professional patent attorneys may be specific specialization. Professional patent attorneys register entry to be made in the content, as well as maintenance of the registry procedures established by the Cabinet of Ministers.
(4) professional patent attorneys register may only contain the data of natural persons if the person complies with the following requirements: 1) it is a Latvian or another European Union Member State;
2) it has a second level academic or higher vocational education (foreign higher education diplomas issued by the authorities of the respective specialties must be recognised in Latvia);
3) it is a minimum of three years work experience in the field of the protection of industrial property, including action in international or national industrial property offices, and this is confirmed by the appropriate documents;
4) it has passed the patent attorney examination prescribed by Cabinet;
5) correspondence with the Patent Board, it specifies the address of the Latvian territory.
(5) the European Union citizen who has the right to act as a professional patent attorney in another European Union Member State in accordance with the national laws and regulations, does not apply to the fourth paragraph of this article 2, 3 and 4. This person shall submit documents proving its right to act as a professional patent attorney.
(6) From the professional register of patent attorneys exclude persons: 1) which shall submit a written request that it be removed from the professional register of patent attorneys;
2) which are no longer of Latvia or another Member State of the European Union;
3) that a validly recognized as incapacitated;
4) which is dead or recognized as went away;
5) which, in accordance with the judgment of the Court is disqualified for patent attorneys;
6) which falsely stated in the fourth paragraph of this article 1, 2, or 3. the information referred to in paragraph 1.
(7) the professional patent attorneys register kept in the Patent Office and is available for any interested party. The Patent Board not less than twice a year, published in the Official Gazette of the Patent Office Professional patent attorneys in the list. Chapter VI procedure for the award of the Patent article 27. Patent application (1) the Patent application shall include: 1 application for patent);
2) a description of the invention;
3) one or more claims;
4) drawings if the description or claims refer to them;
5) summary.

(2) a Patent application and the content of the sample determined by the Cabinet of Ministers. 28. article. The filing of the patent application and the date of application (1) a Person wishing to obtain a patent on an invention, shall submit to the Patent Office a patent application.
(2) on the filing date of the patent application (hereinafter referred to as the application date) the date when the Patent Board received at least: 1) the application for the granting of patents;
2) messages which identify the applicant and contact information;
3) part of the application with the description of the invention, or a reference to an earlier application.
(3) the second paragraph of article 1 and the information referred to in paragraph 2 in the Latvian language to be submitted, but the application referred to in paragraph 3, part of the determination of the date of application may be submitted in another language.
(4) the reference to an earlier filed patent application, referred to in the second paragraph of this article, paragraph 3, point earlier in the application date, number and the State in which it is filed.
(5) the Patent application shall be submitted to the Latvian language. If the date the application is filed in a different language, the applicant, within three months, by his translation of the Latvian language. If the translation is not submitted within that time limit, the application shall be deemed withdrawn. All subsequent applications related to record keeping and correspondence going on Latvian language.
(6) the applicant within one month of the filing of the patent application shall pay the State fee and submit the document confirming the payment. If this overdue, the application shall be deemed not to have been filed.
(7) If an invention involves the use of a biological material which is not accessible to the public and that the patent application is not possible to describe it so that it can implement a connoisseur in the sector in question, to be submitted with the application for the certificate of deposit of biological material in an internationally recognised depository in accordance with the Budapest 28 April 1977 agreement for the deposit of micro-organisms of international recognition of the patenting procedure. If the biological material deposited, no longer available internationally recognized depository, the material allows to deposit again the same conditions contained in the agreement mentioned in this paragraph. The order in which the available biological material, shall be determined by the Cabinet of Ministers. 29. article. Right of priority (1) the Person or its successor that the submitted patent application or appropriate model application in any Member State of the Paris Union, the world trade organisation in a Member State or any other country or the EU, which Latvia has concluded an agreement on the recognition of the right of priority, within 12 months from the date of the first application is to the right of priority shall be submitted to the patent application for the same invention.
(2) the next patent application for the same invention, the subject of a previous first application in determining the priority, considered as a first application, if the next date of the application, the previous application has been withdrawn, abandoned or refused, without guidance has not been made public, it has not remained any rights or it has not yet been a basis for claiming priority rights. Previous application from now may not be the basis for claiming priority rights.
(3) an applicant who wishes to use the right of priority, the priority claim shall be filed with the patent application, indicating the requested priority application date and the country in which it is presented, as well as the application number. Priority claim may be submitted or amended 16 months after the priority date earlier. This claim may not be made or amended, if the applicant submits a request in accordance with article 35 of this law, the fourth part. Document confirming the right of priority is earlier in the copy of the application, which confirmed the conformity of the original institution this application. The document must be submitted to the Patent Office 16 months before the priority date.
(4) the applicant in the patent application may require the right to several priorities. If you have requested a number of priorities, deadlines, starting at the date of priority, starting from the first priority date earlier.
(5) if the patent application claiming one or more priorities, a priority right to relate only to those features which the invention in the patent application or applications the priority of which is claimed.
(6) If any signs that the invention is claimed the priority of an earlier application, not mentioned in the claims, the right of priority may be granted, however, if the earlier application documents as a whole unequivocally detects these characteristics.
(7) If the earlier patent application has not been lodged with Latvian language and has a role in the dispute about the patentability of the invention applied later, apply this law article 28 the fifth part. 30. article. A description of the invention, the claims and summary (1) a description of the invention so you are clear and complete for the invention to be a connoisseur. The invention must not be inconsistent with scientifically approved the laws of nature.
(2) claims define the object for which the exemption is sought, and the protection of inventions with the technical features of the invention. Claims are expressed clearly, concisely, and in support of the formulation of the description.
(3) If the patent application contains more than 10 claims, the applicant in addition to the State fee payable to pay toll on 11 and each subsequent claim. The State fee for claims payable in the month following the submission of the application. If the State fee has not been paid on claims within the time limit set, it can be done in one month after the receipt of the notification of the failure. After this period the claims for which the State fee has not been paid, are considered not to have been filed.
(4) the Summary contains only technical information, which is not taken into account for any other purpose (for example, the invention of the determination of the amount of protection). 31. article. Unity of invention (1) in one patent application may require the patent only to one invention or to a group of inventions which are United by a common idea.
(2) the conditions of unity of Invention is met, if protection is sought for an invention of a group that unites technical connection that includes one or more of the same or corresponding special technical features which, looking at the group as a whole, the invention shall be determined by each of the inventions contained therein the difference from the existing art.
(3) the invention group United by a common idea, regardless of whether each invention is defined in a separate claims or as alternatives within a single claim in total. 32. article. The authorisation of the representative (1) If a patent application is filed by the representative, the application shall be accompanied by a document certifying the authorisation of the representative. Authorisation procedures established by the Cabinet of Ministers.
(2) a foreign applicant shall file a patent application, sort lists and make all future actions of the Executive Board and the Patent Board of appeal only to a professional patent attorney mediation under article 26 of this law.
(3) the representative shall submit the documents together with the patent application or within three months of the receipt of the notification of the lack of this document. If the representative document has not been submitted within the prescribed period, believes that the representative is authorized and his activities, except for the application file is lodged, have occurred. 33. article. The date of the patent application (1) the Patent Office checks whether the documents submitted comply with this law, the provisions of article 28. If the documents submitted comply with this law, article 28 of the second, third, and fourth part, the Patent Board may determine the date of the application and notify the applicant.
(2) if the application of this law article 28 of the second, third, and fourth part does not meet or correspond only partially, the Patent Office shall notify the applicant, explaining the discrepancy, and determine the two months deadline specified failures.
(3) If the Patent Office, examination of the documents presented, concludes that the patent application is missing part of the description of the invention or art, to which reference is made in the description or claims, it shall send the applicant a notice requesting the missing part of the description or a drawing for two months.
(4) where the missing part of the description or drawing shall be submitted after the filing date, but not later than two months after the date of the application or referred to in the third subparagraph, the notification is sent in the Patent application, the date of the Board shall fix a date when you received the missing part of the description or drawings, if they are not withdrawn within one month of submission.
(5) where the missing part of the description or drawing shall be submitted to the fourth paragraph of this article, the time limit referred to in a patent application is required and the earlier right of priority of an application, the filing date (assuming that the missing part of the description or drawings contained in the earlier application in full) saves the date when this law complied with the second subparagraph of article 28 requirements, if the applicant so request and submit a copy of the earlier application. If the copy is not a Latvian language, then the certified translation of article 28 of this law shall be submitted to the fifth part of the aforementioned period.
(6) if the applicant is not made within the time limit the missing part of the description or drawings, any references to the description or drawings are considered nonexistent. 34. article. Patent application examination of formal requirements

(1) When a patent application is the date the Patent Office checks whether the application complies with article 6 of this law of the second paragraph of article 28, the fifth, sixth and seventh subparagraphs, article 29 of part three, article 30 of part three and to article 32. Check to be carried out within three months from the date on which the application is filed with the Patent Office. In this period the Patent Board summary prepared for publication.
(2) If the patent application complies with the requirements, the Management Board shall inform the applicant of the Patent about the formal requirements for the completion of the inspection and the date of publication of the application.
(3) where the patent application does not meet the requirements or meet the Patent only in part, the Board shall notify the applicant, explaining the discrepancy, and determines the time limit of three months specified failures and its expression of the recital.
(4) if the applicant does not remedy the Patent Board noted deficiencies, the application shall be rejected. Notify the applicant in writing. 35. article. The disclosure of the patent, the Patent Board (1) the patent application to the public as soon as possible after 18 months from the filing date or, where priority is claimed, from the priority date of the first class.
(2) the disclosure involves: 1) notification of the publication of the patent application in the Official Gazette of the Patent Office;
2) the right of any person to get acquainted with the materials of the patent, the Patent Office, as well as to receive the copy of the application material invention, paying the fee set by the Cabinet of Ministers.
(3) the Publication shall contain: 1) news about the inventor (if he has not waived the right to be mentioned), the applicant and the representative (if any);
2 the title of the invention);
3 international patent classification) codes;
4) patent application number, the date, and the date of publication of the application publication number;
5) details of priority;
6) a summary of the application.
(4) After the applicant's request, the patent application can be made public before the expiry of the 18-month time limit, but only after you have been notified of the completion of examination of formal requirements. 36. article. Amendment of the patent application and its breakdown (1) until the date when the Patent is published in the Board's notice of the grant of the patent, the applicant is entitled, on its own initiative once to make amendments in the patent application, if they do not change the substance of the invention and not extend the scope of the claims. The following amendments can be done also by Patent at the request of the Executive Board. In both cases are extended the period of examination of the patent application. If the amendment of the applicant's own initiative, he pays the State fee for the amendment. The Cabinet of Ministers shall determine the order in which the amendments should be presented in the patent application.
(2) up to the date when the Patent is published in the Board's notice of the grant of the patent in accordance with article 38 of this law, the first paragraph, the applicant shall not exceed the amount of the patent application, it can be split into two or more applications, each retaining the original filing date and priority. Each divisional application shall be applicable to this article, article 27, article 28 of the first, fifth and sixth parts, 30, 31 and 32, article. If, within three months after the date on which the Patent Board received a request for the Division of an application, the applicant has not submitted certain documents and materials relating to Divisional patent application or has not paid the State fee, certain divisional application shall be deemed withdrawn. 37. article. Examination of the patent application by nature (1) the Patent Office checks whether the application complies with the patent Act, article 8, second subparagraph article 9 and 10, article 30, first and second subparagraph, and article 36 31. Patent application review process, the Board does not carry out the invention on the patentability under this law expertise in 5 and article 7 and article 8, first paragraph.
(2) if the applicant has not fulfilled the requirements of article 31 of the law of the unity of the invention, the patent application further the related records of the sort only for the first claim, unless the applicant, in reply to the notice of the Executive Board of the Patent on that article is not the failure to notify the Patent Office of the Division of an application or are not asked to examine only those claims relating to the invention or group of inventions and meet the requirements of unity of invention. Divisional patent application procedures determined by the Cabinet of Ministers.
(3) If the patent application in the first part of this article does not meet the requirements or meet partially, the Patent Office shall notify the applicant, explaining the discrepancy, and determines the time limit of three months specified failures.
(4) if the applicant does not remedy the Patent Board noted deficiencies, the Patent Office shall decide on the refusal of the patent application. It shall notify the applicant in writing. 38. article. The granting of the patent, registration and publication (1) If the patent application complies with article 37 of this law in the first part, the Patent Office shall decide on the grant of the patent. Decision in writing shall be communicated to the applicant, as well as the three-month period within which to pay the State fee for the publication and registration of the patent the patent register. If the State fee has been paid, the Patent Board within the shortest possible period of notice of grant of a patent shall be published in the Official Gazette of the Patent Office. At the same time, the Management Board shall prepare a full Patent patent publications, which include the patent bibliographic statement, a summary of the invention, the invention the description, claims and drawings, if necessary.
(2) the notice shall include: 1) news about the inventor (if he has not waived the right to be mentioned), the patent owner and representative (if any);
2 the title of the invention);
3 international patent classification) codes;
4) patent application number, application date, date of issue and number of patents (publication number according to article 35 of this law, the third paragraph (4));
5) details of priority;
6) patent claims.
(3) the notice of the grant of the patent shall be published simultaneously with the publication of the patent application, if the decision on the grant of the patent, taken before this law, article 35 in the first and fourth parts of the end of this period.
(4) the Patent register the patent register at the announcement of the grant of the patent is published in the Official Gazette of the Patent Office. The patent board holder issued patents, a specimen of which is determined by the Cabinet of Ministers.
(5) a Patent shall not be granted if the applicant is not within the time limit set under the first paragraph of this article, paid the State fee for the publication and registration of the patent the patent register. 39. article. The Board of appeals if the applicant or the Patent decisions of the Management Board of the recipient (the owner of the patent, the former owner, the successor in title, the licensee ownership) in full or in part does not agree with the results of the examination of the patent application or the Patent Board decision given in another patent related to the award of the stage of the procedure, he is entitled, within three months after the date of receipt of the decision, paying the State fee, submit to the Patent Office a reasoned written appeal. Appeal of the Patent Office shall suspend the execution of the decision. 40. article. The appeal (1) the Patent Office shall immediately repeal or amend the decision, in so far as it concerned the appeal submitted is recognised.
(2) if the cancellation or amendment of the decision may affect third-party rights or legal interests or if the two weeks after the appeal decision is not cancelled or amended by the first part of this article in accordance with the procedure laid down by the Patent Appeal Board referral shall be made to the Board of appeal.
(3) if the Patent Board revoked or amended its earlier decision and that the appellant satisfied the appeal, "he said. On appeal the paid State fee paid within the administrative procedure law.
(4) if the Patent Board amended its earlier decision and that the appellant is not satisfied, he was within three months of receipt of this decision, it shall notify the Patent Office. The Patent Board of appeal without delay to the Board of appeal.
(5) to appeal to the Board of appeal the appellant is entitled to an appeal submitted to clarify or supplement. Article 41. Opposition to the grant of the patent (1) any person within nine months after the publication of a notice of the grant of the patent, paying national fee, the Patent Office may submit objections to the grant of the patent. The complaint shall be submitted in writing to the. It indicates the opponent's arguments and references to the law. By the end of this period the opponent is not entitled to the legal grounds of the objection in the original amendments, which expanded, but until the decision of the Board of appeal may submit additional documents and materials that confirm (specify) the facts on which the objection is based.
(2) objection to the granting of a patent may be made on the basis of this law, 8, 9 and 10, article 30, of the first and the second part, or the first part of article 36.
(3) the grant of the Patent on the basis of the other requirements of this Act, may be challenged in a Court of civil law.
(4) the Board of appeal of the patent owner was presented with objections and set a three-month time limit for submission of the reply.
(5) if the first part of this article within the time limit set out in the objection is not filed, the patent may be challenged in the Court of civil law. Article 42. The appeal and the examination of the opposition

(1) in accordance with article 39 of this law, the appeal and submitted in accordance with article 41 of this law the second part of the objections submitted by the Board of Appeal examined.
(2) the Board of Appeal examined three months after its receipt in the Patent Office.
(3) the appearance of the opposition within three months after the contested patent holder's receipt of the reply or the response deadline for submission.
(4) on the hearing of the Board of appeal, which hears appeals against decisions of the Patent Office, shall invite the appellant or his representative, but if the decision the Board of appeal may affect third parties, also this person or its representative. On hearing of the Board of appeal, in which the appearance of opposition against the grant of the patent, shall invite the opponent and the owner of the contested patent. That person is entitled to submit the necessary documents and materials and to provide oral explanations.
(5) the Board of appeal shall decide on the appeal in full or partial satisfaction or for its rejection. This decision may cancel, amend or maintain the decision of the Board of the Patent concerned. If due to the APE discovered new high inflation circumstances of high inflation, APE, the Council can take a decision on the review of the patent application.
(6) the Board of appeal shall decide on the opposition's satisfaction, in whole or in part, or rejecting, the contested patent under this decision may be declared void from the date of application, to recognise as valid or recognised as valid in amended form.
(7) the Board of appeal shall take a decision, the other people present. The operative part of the decision shall be notified to the end of the meeting, but a written reasoned decision within one month send to the fourth paragraph of this article. If the Appeals Council decision does not satisfy any of the parties, any of them within six months after the receipt of a copy of the decision may appeal to the Court of the administrative procedure law.
(8) the Court shall suspend the application of the decision of the Board of appeal activities.
(9) the interested party can civil law to granted patent challenge, whether or not for the decision of the Board of appeal is filed with the Court. If such an action is brought before the administrative case review of the decision of the Board of appeal, administrative proceedings pending a hearing. 43. article. Maintenance of the patent (1) the maintenance of the patent in force for the annual duty payable. The State fee payable for each year following the year in which, in accordance with article 38 of this law in the first part of the publication of a notice of the grant of the patent. On the beginning of each year shall be considered the filing date of the anniversary. The State fee for the maintenance in force of patents be deemed paid if paid to the current payment year, the end of the month in which falls the application date. If the State fee has not been paid within the time limit set, but the national fee, the holder of the patent, together with a supplementary fee paid within a further period of six months, the patent shall be deemed to maintain in force.
(2) the first paragraph of this article the supplementary fee is 25 percent of government fees, which has not been paid. 44. article. Extension of time limits (1) the Patent Office shall be entitled to extend the time limits set by this Act for a period not exceeding three months, if the request is received in the Patent Office before expiry of the time limit concerned and the State fee is paid for extension.
(2) the first part of this article shall not apply to the time limits laid down in article 6 of this law in the first part of the fifth subparagraph of article 28, article 29 on the first and third subparagraphs, article 39, article 41, in the first paragraph of article 43 first paragraph, in the second paragraph of article 45, article 46, second paragraph of article 71 in the second and third subparagraphs, article 76 in the first part of article 7 of that regulation and referred to in the second subparagraph of article 7 of the regulation. Article 45. The continuation of the proceedings after a failure (1) petitioner who has not noticed this law with regard to activities in the Patent Office deadlines, the continuation of the proceedings can be requested.
(2) the request for continuation of proceedings shall be submitted not later than two months after receipt of the notice of the Executive Board of patents on non-observance of the legal notice or loss, if not complied with within the time limit are met and provided for in the State paid the fee for continuation of the proceedings. If the proposed action is not made or the State fee for continuation of the proceedings has not been paid, it is considered that the request is withdrawn.
(3) If a request for continuation of proceedings is granted, the deadline does not have any legal effect.
(4) the continuation of the Proceedings may not be requested unless the time limit referred to in the second paragraph, the appeal and the deadline for submission of the objection, the annual State fee payment deadline, time limit for submission of claims of the European patent translation into Latvian language, or if a request is made for the renewal or amendment of or addition of a priority or precedence. Article 46. Restoration of rights (1) if the applicant or the patent owner has not adhered to this law for activities in the Patent Board limits and the failure of the direct effect of the rejection of the patent application or the patent application is withdrawn or considered ineffective, revocation, or other disqualifying, the applicant or patent owner may request the renewal of the rights concerned, submit a request to the Patent Office.
(2) the request for reinstatement of rights in accordance with the first paragraph of this article shall be submitted within two months after you have removed the reason why the deadline is not met, but not later than one year after the expiry of that period. The request for restoration of rights in accordance with article 29 of this law, the first paragraph shall be submitted within two months after the expiry of the time limit concerned. The request for restoration of rights shall be deemed to have been filed with the moment when the payment of the State fee for the renewal of the law.
(3) If the first part of this article, the cases are confirmed for the supporting reasons why deadlines have not been observed, and of this article are fulfilled the requirements of the second subparagraph, the Board of the Patent applicant or patent renewed on the holder's entitlement to a patent application or patent.
(4) the request for renewal Before the law totally or partially rejected the Patent shall be notified in writing to the Management Board of the applicant for or proprietor of the patent in part or in full the reasons for refusal and inviting him within three months from the date of receipt of the notification to submit explanations for the reasons for the rejection.
(5) the renewal of the Law cannot ask if the term specified is not met: 1) on the renewal of the law to submit (the second part of this article);
2) State fees for the patent application for payment (article 28 of the sixth part);
3) for submission to the copy of the application (article 29 of part three);
4) request for amendment or addition of a priority submission (article 29 of part three);
5) for appeal (article 39);
6) for lodging an objection (article 41);
7 the request for continuation of proceedings) lodged (article 45, paragraph 2).
(6) a Person who, in the territory of Latvia after the publication of the patent application within a period between the loss of rights in accordance with the first paragraph of this article and the date on which the Patent Board is published in the Official Gazette of the notice of the renewal of the law had, in good faith, commercially used the invention or made such use of the necessary arrangements, is entitled to and without paying compensation to the applicant or patent owner to continue to use the invention for commercial purposes during the scheduled amount of preparatory work. 47. article. Patent register the Patent Register (1) is maintained in the register of patents in the form of a book. Patent register the Patent Board of sorts. Entry in the patent register books is public confidence.
(2) the Patent register the patent register provides three books: 1) first book registers the patent applications after publication and patent granted on the basis thereof;
2) recorded the second book of the European patent after the date of its entry into force in the Republic of Latvia;
3 the third book) register additional protection certificate applications after it is published and assigned to the supplementary protection certificate.
(3) the Patent registry maintenance procedures and requirements for a patent to be included in the registry book of messages is determined by the Cabinet of Ministers. 48. article. Patent application and patent register news profile (1) before the publication of the patent application the material to third parties is available only with the written consent of the applicant.
(2) the Patent Office to patent application documents and materials of the case without the applicant or the patent owner's consent allows you to get acquainted with the person who gives the message that the award of the patent right may be affected resulting in that person's rights or obligations. The following details are to be considered as evidence that the applicant or patent owner shall take measures to exercise its rights to the said person, or that it has the right to a patent under article 12 of this law, the first, second or third.
(3) on application, the grant of the patent disclosure documents and materials of the case is available to any person who has submitted the request.

(4) Permission to look at the application and registration of the case in accordance with the first, second or third paragraph, the Patent Office is entitled to deny access to certain information, license agreements and transitional documents, if the applicant or the owner has specified that this information is a trade secret. In case the existing Patent Board internal documents, draft decisions and preparation materials should be considered limited availability information.
(5) any person has the right to consult the patent registry books. After the submission of the request in writing to any person entitled to extract from the patent register. At the request of the beneficiary statement certifying the correctness of the Patent Board officer with his signature and a stamp indicating the date of issue of the statement.
(6) the Patent Board issued patents on the register news extracts, as well as document and copies of materials, if the State fee is paid for the reception of messages. 49. article. State fees for acts of Patent Board (1) on the protection of the national toll payable and appropriate relief shall be determined by the Cabinet of Ministers.
(2) the State fee payable for this law, article 28 of the sixth paragraph, the third subparagraph of article 30, article 36, first paragraph, the first part of article 38 of the next, article 39, article 41, in the first paragraph of article 43, in the first paragraph of article 44, first paragraph, in the second paragraph of article 45, article 46, second paragraph, sixth paragraph of article 48, article 51, fourth paragraph 52 in the fourth paragraph of article 58, first paragraph of article 2, paragraph Article 71, the second and third subparagraphs of article 74 and 76 in the second paragraph of article third and fourth part in the cases provided for and in accordance with the procedure laid down. Chapter VII Patent as an object of ownership article 50. The nature of ownership of the patent (1) the right to the invention, which is based on the patent application, or the legal regime in terms of comparable rights to movable property within the meaning of the civil code. This right is subject to the General rules on movable property and property transactions, in so far as this law provides otherwise. With patents and patent applications related to the economic rights can be sold, gifted or otherwise include private traded, they can inherit or acquire the right of succession in order, they can be the subject of a pledge, or otherwise subject to rights in rem and may bring to drive under a court injunction in the case of insolvency, and in other cases.
(2) two or more persons jointly owned the rights to the patent or the application determines that the contract concluded between the parties. If the contract has not been concluded, every set owner can use the patent or the application at their discretion. All patent or its application as well as your patent or its alleged part can be disposed of or in relation to the grant of a license to another person, only all the co-owners of the agreement or by a court judgment.
(3) patent-related transactions to third parties become bound by the Patent Office for registration and publication in the Official Gazette of the Patent Office.
(4) the transfer of the Patent to another person (article 51) and grant of license (52) shall not affect licenses previously granted to third parties. If a person is brought to court for recognition of the right to the patent (article 13), it may require that the authorisation granted earlier and other patent encumbrances are recognized as lapsed from the date of entry into force of a court judgment on the restoration of the patent, in so far as these burdens do not apply to the successor or impose it where the circumstances do not justify the cost. 51. article. Patents and patent applications for the transfer of (1) the Patent holder is entitled to transfer the patent to another person together with the enterprise or part thereof that use this patent, or whatever it is.
(2) after the application is received, the transition of the national identity document and proof of payment of the fee, the Patent Board news about a change in the holder of the patent in the patent register and the record shall be published in the Official Gazette of the Patent Office, as well as sends notification of the owner of the patent the patent of entries made in the register.
(3) the owner of the patent, be deemed the person who recorded in the register of patents. To change the owner of the patent to the patent register fixation of the successor in title may not invoke the acquisition of patent rights against third parties.
(4) prior to the Patent Board has taken a decision on the grant of the patent, the patent application may be transferred to another person, if the application is received, the transition of the national identity document and proof of payment of the fee. Patent application processing continues for the new applicant.
(5) the order in which the patent and patent application is transferred to another person shall be determined by the Cabinet of Ministers. 52. article. License agreement (1) a Patent owner has the right to license another person to be granted rights of use of the patent in full or in part. According to the license agreement may be granted an exclusive licence or a simple license.
(2) a licence is recognised as an exclusive licence if the licensee (saņēmējpus) obtained an exclusive right to use the invention in accordance with the conditions laid down in the Treaty, but licensor retains the right to use the invention to the extent that this right is not transferred to the licensee.
(3) a licence recognised as just a license, if the licensor (izdevējpus), giving the other person the right to exploit the invention retains the right to use the invention itself, as well as to grant a licence for the same simple invention for use to third parties.
(4) the license agreement in respect of third parties shall enter into force upon its registration in the Patent Office. On the license agreement registration duty payable. 53. article. Open License (1) the Patent holder is entitled to notify the Patent Office of the willingness to grant rights of use of the invention by any interested party (open license). The Patent Board notice published in the Official Gazette of the Patent Office. After the publication of the country's annual fee for maintenance of the patent in force be reduced by 50 percent. If the patent owner and the person concerned fails to agree on open licensing terms, it will be determined by a Court of civil law.
(2) where, in accordance with article 51 of this law, in full ownership over the other person, a statement of willingness to grant a license to the public is deemed to be withdrawn from the day when the change was made in the register of patents and Patent in the Official Gazette of the Board published a notice of open licences.
(3) notice of the open license can be withdrawn at any time by submitting a request to the Patent Office, provided that the owner of the patent has not been informed of the desire to use the invention. Withdrawal shall take effect on the date on which the Patent Board notice of the request to the published in the Official Gazette of the Patent Office. About 50 percent of the reduced annual State fee paid in full a month from the date of the withdrawal of the licence. If the current year State fee has not been paid within one month, starting the six-month period in accordance with article 43 of this law the second part.
(4) the statement of willingness to grant a license to the public may be made if the patent is entered in the register as an exclusive licence or has obtained the Patent Board request to register an exclusive licence. 54. article. Compulsory licence (1) If within a period of four years the date of application or within three years after the date of publication of a notice of the grant of the patent, the patented invention in the Republic of Latvia has not been used or has been used insufficient, any person may submit an application to the administrative court with the request to grant it permission (license) to use the patented invention under this Act and the Court ruling. This provision shall not apply if the owner of a patent the Court to prove that the invention does not use or insufficient use has been justified reasons.
(2) If the holder of the patent for a biotechnological invention cannot exploit it without infringing a prior of the plant variety right, he may apply for a compulsory licence for the use of the plant variety protected by that right, and to pay compensation to the owner of the Court. Such a licence is granted, the holder of the plant variety is eligible for will be protected with reasonable conditions of use of the invention.
(3) a patented invention under a compulsory licence in the first and second part can be obtained, if: 1) the patented object or with the patented techniques for product is a vital role in the well-being of the population, protection or economic interests;
2) invention, which is a particularly important economic role, may not be used without other earlier patented invention.
(4) the Court shall grant a compulsory licence if the applicant within a reasonable time has tried to obtain, but not won from the holder of the patent license with acceptable commercial terms.
(5) If the country has established a State of emergency, the Cabinet of Ministers a compulsory licence may be granted.
(6) the Court of Justice of the third paragraph of this article, provided for in paragraph 1 in the case, examining the circumstances of the case for granting a compulsory licence, in addition comply with the following conditions: 1) use and patent term is limited, given the purpose for which a compulsory licence is granted;

2) compulsory licence licence de simple;
3) a compulsory licence shall not be transferable except when it put together a company that directly related to the use of the patent, or with that part of the company;
4) compulsory licence granted for use on the internal market of Latvia.
(7) the Court of Justice of the third paragraph of this article, paragraph 2 in the case provided for in the grant of the compulsory licence to the circumstances of the case, in addition comply with the following conditions: 1) earlier (first) granted a patent owner may request the reasonable terms will be later invention of the owner of the patent;
2) licence to the first patent may not be transferable, unless the right to be transferred together with the later patent.
(8) the Court may decide on the forced termination of the licence, if the first part of this article the next, or third part 1 conditions referred to in paragraph no longer exist and the onset is unlikely.
(9), compulsory Licensee pays compensation to the owner of the patent, which shall be determined by the Court, subject to the economic value of the licences, the use of the invention and other circumstances. Chapter VIII Patent recognition of invalidity of article 55. Early recognition of the patent to be invalid (1) a Patent has been declared invalid, if: 1) the patentee disclaims the patent, the application shall be submitted to the Patent Office;
2) not in accordance with article 43 of this law a duty paid for maintaining the patent in force;
3 patent is not in force) pursuant to article 56 of this law.
(2) where, in accordance with the first subparagraph of paragraph 1, the application affects the rights of third parties, on the basis of other provisions of the laws, decisions of the other institutions, the license agreement or any other agreement that is registered in the patent register, or if in connection with the patent court, seised of a patent may not be declared invalid without the consent of the parties involved. Article 56. The grounds for annulment of a patent the Patent declared invalid if: 1) object of the patent does not comply with this law, 4., 5., 7., 8., 9., or the requirements of article 10;
2 the nature of the invention in the patent) is not so clearly and fully disclosed to connoisseur this invention could be implemented (article 30, paragraph 1);
3) object exceeds the patent originally filed the patent application (article 36, first paragraph) or, if the patent was granted on a separate application — the original patent application;
4) patent was granted to the person was not entitled to receive it (article 12). 57. article. Recognition of the patent to be invalid (1) on the basis of this law, the provisions of article 56, the patent declared invalid by the Court in civil procedure.
(2) the application for patent invalidation may be filed by any person pursuant to this law, article 56, paragraph 2 and 3.
(3) require that the patent is declared invalid in accordance with this law, article 56, paragraph 4, may be the person who has the right to an invention under article 12 of this law.
(4) the requirements for application for patent invalidation, can be made throughout the period of validity of the patent. A patent may be declared invalid even if the application is made or at the time of the examination requirements, the period of validity of the patent has expired or a patent is excluded from the patent register after the owner's initiative. 58. article. The limitation of the patent (1) the rights conferred by a Patent may be limited if: 1) the Court, in proceedings for patent invalidation, in accordance with article 57 of this law, the patent on partly recognises the void. The Court limited the patent claims, if this law article 56 1., 2., and 3. the circumstances referred to in paragraph 1 shall not apply to patents in full;
2 the holder of the patent) Patent Office for patent application volume limitation by amending the claims, description or drawings, and has paid the State fee.
(2) the application of this article in accordance with the first subparagraph of paragraph 2 may be submitted to this law, laid down in article 41 of the opposition proceedings or during the proceedings on the patents address the recognition of void.
(3) application to the Court in accordance with the first paragraph of this article, paragraph 2 may only be submitted to the patent owner. If the patent register contains details of the grant of a licence, the holder of a patent application may be filed only if it proves that it has the consent of the licensee or that it at least three months in advance has informed the licensee of his intention to limit the patent. Article 59. From the patent on the resulting consequences (1) if the patent is held to be invalid under this law, in article 56 and 58, considers that the invention loses this legal protection provided for in the law, with the date of the patent application to the extent that the patent was declared invalid.
(2) the recognition of the Patent to be invalid shall not affect: 1) judgment of the Court of Justice on patent infringement, which has already been executed before a decision was taken on the invalidation of a patent;
2) contract, concluded before a decision was taken on the invalidation of the patent, and is done before the adoption of this decision. The Court may decide on the amount of the rebate already paid in so far as it complies with the relevant conditions of fairness principle. Chapter IX patents related to the protection of article 60. The inventor protection If unjustified invasions of the inventor of authorship or otherwise violated the rights of inventors (article 14), the inventor is entitled to go to court in accordance with the rules of the civil law for personal injury. 61. article. Warning of exclusive rights (1) the owner of the Patent and with the agreement of the licensee's rights to label products that invention carried or stored, with a warning sign, indicating the number of the patent, or with text that notifies you of the existence of the patent application. The warning label says the patent owner name (name) and the grant of the patent or application.
(2) the warning labels must not be placed on a product not covered by patent protection. False warning is considered to be unfair competition.
(3) If the owner of the patent, there is reason to believe that someone is violating his exclusive rights, he can alert them of possible infringement. 62. article. Illegal use of the invention (patent infringement) (1) on the illegal exploitation of the invention is considered to be the owner of the exclusive rights in a patent infringement — patent the use of this law, within the meaning of article 16 without the owner's permission, if it occurred during the validity of the patent.
(2) the owner of a Patent in civil procedure can sue for illegal use of the patent. Licensee with the consent of the owner of the patent shall be entitled to sue for illegal use of the patent. The patent owner's consent is not required, if he does not submit the claim, although the exception written licence invited her to do so.
(3) a Patent owner has the right to intervene in the case before the courts for illegal use of the patent shall be submitted by the licensee in accordance with the second paragraph of this article.
(4) the licensee is entitled to intervene in the case and to seek damages, due to which the licensed patent is illegal. Article 63. Responsibility for illegal use of the patent (1) the responsibility for the illegal use of a patent occurs when according to article 62 of this law has proven patent infringement. To prove the fact of the infringement is the applicant (holder of the patent or the licensee).
(2) if the patent is a new product object extraction technique, consider that the same product has been produced by the patented technique without the patent owner's permission. In this case, the patent infringement is not proof of validity of defendant's obligation. In the course of the proceedings to be taken of the defendant's legal rights to protection of their business secrets.
(3) the party against whom the claim due to the illegal use of the patent cannot oppose the claim solely on the basis that the patent is not being used or discontinuing it for other reasons. According to this law, article 56, paragraph 2 and 3, the defendant may bring a counterclaim for invalidation of the patent. In this case, the patent infringement can be established to the extent that the patent is accepted as valid.
(4) in determining responsibility for illegal use of the patent and the amount of such liability may take account of this law article 61 referred to in the third subparagraph the fact of receipt of the notice. 64. article. Loss and compensation of moral hazard quantification procedure (1) where a person's patent for a reason attributable to the illegal use of this law, article 62 in the second part of the above entities are entitled to claim damage and moral damages.
(2) damage and moral damage in the amount of remuneration is determined in accordance with the civil code. In determining the amount of damages, may also take into account the unfair way in which profit illegally used patent.
(3) If the amount of actual damages cannot be determined in accordance with the second subparagraph, the amount of compensation determined for the amount that you could get a patent on the patent owner the right to use the service of the licensee. Chapter x of the dispute the Court of article 65. Court jurisdiction

(1) disputes over exclusive rights to the patent and if this law-based rights court hears in the same order in which the dispute is considered, in respect of which civil liability in accordance with the rules of the civil law of movable property, if this law or other laws provide otherwise.
(2) Riga District Court as the Court of first instance in civil procedure in the following order with the legal protection of related things: 1) for the renewal of the patent;
2) for invalidation of a patent;
3) on the iepriekšlietošan law;
4) for illegal use of the patent (patent infringement);
5) for patent infringement is not the finding of fact of validity;
6) for granting the licence, the terms of the license agreement or the implementation thereof;
7) on the right to compensation due to inability to openly use the invention.
(3) another dispute jurisdiction shall be determined in accordance with the code of civil procedure. 66. article. The opinion of the patent cases, the Patent Office shall provide the information or opinions to the Court, if such is required in order to reach a decision on the compliance of this law, article 5 and 7, in cases involving patents and the amount of the limitation of the patent in accordance with article 58 of this law, the first paragraph. Article 67. The deadline for the submission of claims (1) disputes about patents claiming the term is three years, counting from the date when the injured party became aware or should have know of their rights the fact.
(2) the requirements in connection with the dispute over patent granted recognition of void (article 57), licence or the terms of the license agreement can be submitted to the Court throughout the period of validity of the patent. Chapter XI international applications under the Patent Cooperation Treaty, article 68. International application (1) the Patent authority, the Management Board shall act as the Patent Cooperation Treaty.
(2) the Management Board shall adopt the International Patent application, if submitted by the Latvian citizen or a permanent resident or a legal person registered in Latvia.
(3) the international application shall be submitted to the Latvian, English, French, Russian or German. If the application has been filed with the Latvian language, its translation into English, French, Russian or German, depending on the applicant's choice of international institutions and international patentmeklējum primary inspection authorities shall be submitted to the Patent Office Patent Cooperation Treaty the Patent Cooperation Treaty, the rules and the Patent Cooperation Treaty within the time-limits laid down in the administrative instructions.
(4) an international application in the Patent Office application for transfer fees payable. The payment terms are specified in the Patent Cooperation Treaty.
(5) the Patent Office submitted between folksy international applications and international patentmeklējum first inspection employees depending on the applicant's choice of the Patent Cooperation Treaty.
(6) the identification or designation of Latvia in international applications under the Patent Cooperation Treaty, article 2 (VIII) considers the desire to get a European patent, which operates in Latvia in accordance with the European patent Convention. Chapter XII the European patent application and European patent article 69. The European patent application (1) the European patent application, except the separate application can be submitted to the Patent Office. The application can be filed in any language which referred to in the European patent Convention article 14, first and second subparagraphs.
(2) the European patent application in respect of inventions affecting national defence interests, apply article 11 of this law. 70. article. The European patent application the legal force in Latvia (1) a European patent application for which the European patent office has granted the application date, as well as the priority date (if priority was requested), regardless of the outcome, with some over it's examining authority European patent, comparable to the Patent Office and submitted under this Act for a patent application for the design.
(2) When the European patent application is published under the European patent Convention, article 67 of the invention under article 18 of this law, the conditions of the second subparagraph are granted temporary legal protection, starting with the day when the applicant is a person in Latvia uses the invention, made it known by sending that person a published European patent application claims the Latvian language translations, or when it is at the request of the applicant, be published in the Official Gazette of the Patent Office. The European patent application does not have the consequences referred to in this article, if it is withdrawn or deemed to be withdrawn.
(3) the Patent Office shall publish a European patent application claims the Latvian language in accordance with the second paragraph of this article, if the applicant pays for the publication of the claims. 71. article. The legal force of the European patent (1) the European patent, which is specified in the State, Latvia shall grant the same rights as the national patent, from the date of publication of the notification of the European patent authorities for the granting of the patent.
(2) within three months after the notification of the European patent authorities for the granting of the patent, published in the Official Gazette of the patent authority in accordance with the European patent Convention article 64, the patent owner shall submit to the Patent Office, the European patent in the language of the Latvian translation of the claims and pay the State fee for publication. Procedures for submitting translations, shall be determined by the Cabinet of Ministers.
(3) If the European patent Office submitted to the objection to the grant of the patent, a European patent is maintained with amended claims, the owner of the patent, within three months from the date on which the published decision on the maintenance of European patents in force, shall submit to the Patent Office a translation of the amended claims of the Latvian language and pay the State fee for publication. This law, the provisions of article 41 shall not apply to objections to the granting of the European patent.
(4) if the petition is a reference to the drawings, these drawings accompany the translation referred to in the second and third subparagraphs. Drawings of the text translated into the Latvian language.
(5) the Patent Board within the shortest possible period of the Patent Office shall publish in the Official Gazette of the translation submitted under this article, the second, third or fourth part.
(6) If the second part is not submitted within the time limit referred to in the second, third or fourth part of this translation or is not paid the State fee for the publication of the European patent in Latvia is considered invalid by the patent application filing date.
(7) the European patent is not provided for in this chapter in Latvia, legal effect to the date on which the application was submitted, if the European patent office, examined the received object to the granting of the patent, the patent concerned is recognised as void. 72. article. The European patent application or European patent (1) the authentic text of a European patent application or European patent in the text, drawn up in a language that is the European patent office procedure, Latvia is an authentic text in any proceedings of the Board or of the Patent stage in court.
(2) pursuant to article 71 of this law, the second and third submissions of the translation of the European patent shall be deemed authentic except the translation of the court case, which is linked to the recognition of the European patent to be invalid (article 56), in which the European patent application or European patent claims granted less protection of translation in comparison with the European patent application or European patent in the language of the European patent office's procedure language.
(3) the European patent applicant or owner can submit a specified claim translation throughout the period of validity of the patent. The translation specified shall enter into force after its publication in the Official Gazette of the Patent Office or after the European patent applicant or owner shall notify the person who used the invention in Latvia.
(4) a Person who, in the territory of Latvia before the specified date of publication of this translation, originally published in the patent application and the patent protection granted translation, labticīgo for use of the invention in your company or your business or by the same date, made the following use of the necessary arrangements, is entitled to and without payment of remuneration to the owner of the patent to continue use of the invention concerned in your company or your business, if the use of the invention is not extended. 73. article. The fee for the European patent to be maintained in force (1) for each year following the year in which the published European patent authorities on a European patent, the owner of the patent to grant paid the Patent Office for the maintenance of the patent in force. Payment shall be made in the same order in which, in accordance with article 43 of this law the State fee payable for national patents.
(2) if the payment is to be made within three months after the notification of the grant of the European patent the European patent published in the Official Gazette, the Authority considered that the payment that was made during this period have been made. In the case referred to in article 43 of this law for the supplementary fee shall be paid.
(3) under the European patent Convention article 39 of part of the annual fees for maintaining the patent in force, the Patent Board released the European Patent Organization, the European patent Convention. 74. article. Conversion of European patent applications (transformation) national patent application

(1) a European patent application in which protection is required in Latvia, you can convert (change) a national application, if the European patent application is deemed to be withdrawn under the European patent Convention article 75 of the fifth or if the translation, subject to the provisions of the European patent Convention article 14, second paragraph, is not filed within the prescribed time, in accordance with the European patent Convention article 90 of the third part.
(2) the applicant within three months of the payment of the national fee for a patent application for conversion (conversion) and submitted to the Patent Office a translation of the Latvian language in the application. 75. article. At the same time the impossibility of protection if the European patent and national patents of the same person or its successor in title granted for the same invention with the same filing date or, where priority is claimed, with the same priority date, then the case of the European patent office has received European patent Convention article 99 referred to in the first subparagraph of opposition against the grant of the patent, the national patent activity is interrupted by the day the expiry of the opposition period, but if the objection, with the day when the opposition review completed and final decision on the maintenance of the European patent in force. Chapter XIII supplementary protection certificate, article 76. The granting of the supplementary protection certificate (1) If a patent protected medicines, supplementary protection certificates granted in accordance with Council of 18 June 1992 Regulation (EEC) No 1768/92 concerning the creation of a supplementary protection certificate for medicinal products.
(2) where the patent protects a plant protection product, a supplementary protection certificate granted in accordance with the European Parliament and of the Council of 23 July 1996, Regulation (EC) No 1610/96 concerning the creation of a supplementary protection certificate for plant protection products.
(3) a Person who wishes to obtain supplementary protection certificate, submit the application to the Patent Office. The applicant shall pay the State fee for application. The application of this law article 13, fourth, and fifth subparagraph and article 32 of the rules.
(4) For maintaining supplementary protection certificate valid for annual duty payable. In this case apply article 43 of this law. If the supplementary protection certificate transactions last year is not full, the fee payable for it as for the full year. Transitional provisions 1. With the entry into force of this law shall lapse 30 March 1995 the Patent law (Republic of Latvia Saeima and the Cabinet of Ministers rapporteur, 1995, nr. 10). 2. Chapter XII of this law, the provisions applicable to European patent applications submitted to the European patent office, from July 1, 2005, when Latvia entered into force on 5 October 1973, the Convention on the grant of European patents. European patent applications submitted during the period from 1 May 1995 to 30 June 2005, applicable to the 1995 March 30, Patent law provisions of chapter V. 3. Patent applications filed in the Patent Office before the entry into force of this law, the applicable patent procedure which was in force on the date on which the patent application. 4. Patents are granted under 30 March 1995 the Patent Act and is in effect, with the entry into force of this law, day use and protected according to the provisions of this law. The legal protection of the patent and the rights arising therefrom, including the exclusive rights shall be specified in this law, the patent protection and rights. 5. Latvia shall continue their European patent registration applications submitted to the European patent office until May 1, 1995, if the owner of the patent: 1) submitted a Patent application to the Board not later than one year after the issue of the European patent;
2) application added to the officially approved the patent and a copy of the invention, the invention of formula, invention and the drawing attached to the summary text translated into Latvian language;
3 the fees have been paid);
4) the invention is patentable. 6. A registered European patent has the same legal force and apply the same provisions of the law applicable to a national patent, with the following exceptions: 1) the exclusive rights conferred by a patent, it shall enter into force on the date on which the Patent Board publishes notice of the European patent registrations, and ends no later than after 20 years from the date on which the Patent Board received an application for the registration of European patents;
2) article 22 of this law, the provisions in respect of the registered European patent if applicable before the Patent Board received an application for the registration of European patents in Latvia, has begun in good faith to use the invention or has made such use of the necessary preparations;
3) European patent recognition void or its early termination of validity in the other Member States of the European patent Convention is not considered as a basis for recognition of the registered patent void in Latvia. 7. Until the new cabinet from the date of entry into force of the provisions, but no longer than up to September 1, 2007 is in force on the Cabinet of Ministers of 18 august 1998, the provisions of no. 309 "provisions for the protection of industrial property of the State fee," to the extent they do not conflict with this Act. Informative reference to European Union directives, the law includes provisions resulting from: 1) of the European Parliament and of the Council of 6 July 1998 Directive 98/44/EC on the legal protection of biotechnological inventions;
2) of the European Parliament and of the Council of 31 March 2004, Directive 2004/27/EC amending Directive 2001/83/EC on the Community code relating to medicinal products for human use;
3) of the European Parliament and of the Council of 29 April 2004, Directive 2004/48/EC on the enforcement of intellectual property rights. The law shall enter into force on 1 March 2007.
The law adopted by the Parliament in the 2007 15 February. State v. President Vaira Vīķe-Freiberga in Riga in 2007 27 February