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Patent Law

Original Language Title: Patentu likums

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Patent law 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, filed in the Patent Office of the Republic of Latvia in accordance with the requirements of this law;
2) national patent, on a national basis of the patent application in the patent of the Republic of Latvia;
3) the European patent application, in accordance with the European patent Convention a European patent authority (European Patent Office, the EPO below) filed an application for a European patent, as well as in accordance with the patent cooperation treaty for the filed the international application on which the EPO as a designated or designated authority and the Republic of Latvia;
4) applied to European patents a European patent application the EPO issued patent, which is required to apply to the Republic of Latvia;
5) registered European patent: EPO issued patent, registered in the Patent Office of the Republic of Latvia in accordance with the laws of the Republic of Latvia to the specific rules laid down for the registration of European patents during the transition period;
6) international application — an application that is filed in accordance with the Treaty on patent cooperation in any Member State of the present agreement;
7) konvencijprioritāt — date of priority granted patent application under the Paris Convention for the protection of industrial property (Paris Convention).
2. article. The patentability of the invention (1) Patent issued for an invention that is new, industrial and inventive step.
(2) an invention is new if it does not repeat any of them professional knowledge, which creates a general technical level. Technical level in relation to the invention includes any professional knowledge to the patent application (hereinafter referred to as the application) or the date of priority of the requested use of the open road or in any other way (in writing or orally) become available to the general public.
(3) an invention is new if it is the second part of this article and meet the requirements, but is already described in another patent applicant (hereinafter the applicant) application registered in the Patent Office of the Republic of Latvia (hereinafter Patent Board) with earlier priority and published in the Official Gazette of the Patent Office.
(4) in the second and third paragraphs are not applicable to inventions, which gets it application, novelty, if not apparent from the use of the technique.
(5) disclosure of the information that would otherwise affect the patentability of the invention applied for, it does not affect when the information disclosed no earlier than 12 months before the filing or priority date and requested if such information is given: 1) the inventor or other person who at the date of application was the right to the patent;
2) Patent Board where this information has been expressed: (a) the same inventors) in another application and the Patent Board this information could not be disclosed, (b)) application which without the knowledge or consent of the inventor by a third party that the information obtained directly or indirectly from the inventor;
3) a third party that the information obtained directly or indirectly from the inventor. The requirement for the application of the provisions of this part may be made at any time without limitation. If it is disputed the possibility of this part, the person who raised the requirement for the application of the provisions referred to, it must be demonstrated that the conditions really are.
(6) the invention is inventive step if the expert finds that it does not obviously result from the prior art. In assessing the inventive step is not taken into account in the third part of this article.
(7) an invention shall be considered industrially applicable if its object is to be produced or consumed in any economic sector.
(8) the human and animal organism treatment surgical or therapeutic techniques as such are not considered industrial use and are therefore not patentable. This provision does not apply to devices and substances used for the treatment steps.
3. article. The invention of the object and not protected objects (1) the object of the Invention may be a device, technique, substances, strains of micro-organisms, plant and animal cell cultures, as well as the so far unknown device, method, and micro-organism strains so far unknown uses other public needs.
(2) under this Act for an invention shall not be recognised: 1) discoveries, scientific theories and mathematical methods;
2) design construction;
3) plans, intellectual methods of operation, computing (computer) programs;
4) outreach techniques.
(3) this provision excludes the specified object for patenting only if you require the same exemption in that object.
(4) a Patent shall not be issued: 1) on inventions whose publication or use is contrary to public policy or morality prevailing in society, but the findings may not be made on the basis of the fact that the use of the invention is prohibited by law or administrative regulations;
2) to plant varieties and animal species, mainly to plant varieties and animal species created biological techniques; This provision shall not apply to microbiological methods and products obtained under the following techniques.
 
Chapter II patent rights bodies article 4. The right to the patent (1) the right to patent is the inventor or his successor in title. If the invention caused by several persons jointly, they shall have a joint right to the patent.
(2) If several persons have created the invention independently of the other, the right to a patent is the person who first submitted the application to the Patent Office.
(3) these rights remain the person who first submitted the application to the foreign country, which is a Member State of the Paris Convention, but after 12 months, subject to the provisions of the Paris Convention, relating to the same invention has submitted the application for the Patent Office.
5. article. Service inventions (1) an employer has the right to work of the worker (employee) if it created the invention, the employee shall be on official duty: 1) their agreement which includes izgudrotājdarbīb;
2) within the framework of the work commissioned through research, design and construction work or prepare the technological design.

(2) the employer and employee relationship of the Service invention, including its governing additional compensation for a Service invention-creation and use, determined by the collective agreement or individual contract of employment. All other employee's invention belongs to the same employee.
(3) an employee who has created a Service invention shall be obliged to immediately notify their employer.
(4) If the employer waives the right to the invention or the six months did not notify the employee of your intention to use this right, the right to the invention to move the employee.
(5) before the application is submitted, the employer and the employee must refrain from any disclosure of the substance of the invention.
(6) provided for in this article, the employer and employee rights and responsibilities affect their termination of service. Claims between the two parties may be brought within a period of three years, unless the contract provides otherwise.
(7) If the invention is created within an organization that carries out research, design, construction, or other creative work order in nature, on the basis of a contract with a Subscriber, who funded the work, the right to the patent shall be determined by the agreement.
6. article. The State as a legal entity If the country is special, with national security and sovereignty-related scientific research, design or construction work subscriber rights to inventions that may arise, the specific contractor performing the work, is the official institution and the specific use of the contractor and shall lay down the procedure for the specific contract.
 
Chapter III issuance of the Patent, article 7. Application (1) a Person wishing to obtain a patent on an invention, shall submit an application to the Patent Office. The applicant is entitled to request the issuance of a patent until it is proven that he has no right to it, in addition, the application must specify the inventor, but in the case of inventions created several persons jointly, all inventors.
(2) the inventor shall have the right to ask for the special request to the patent or any other official publication of the Patent Office, he did not mention the author of the invention.
(3) an application may be submitted in Latvian, English, French, Russian or German. If the application is filed in English, French, Russian or German, the applicant, within three months from the date the invention of formula to it, a summary of the invention and drawings of the translation of the Latvian language in the legend. These materials are considered part of the application. The applicant may, pursuant to article 10 of this law the provisions of the third paragraph and the relevant fee paid in advance, submit the said material in any translation of the adjusted application.
(4) the application must include: 1) application for issue of the patent;
2) a description of the invention;
3) inventive formula;
4) the drawings, if they needed to understand the invention and its formula of the substance;
5 Summary of the invention);
6) document on payment of the application fee;
7) power of Attorney, if the application is lodged by the authorised persons (patent notified).
(5) this law, in article 12, 20 and in disputes provided for in chapter X of the cases after the Patent Office's Board of appeal (hereinafter Board of appeal) or at the request of the Court the applicant or patent owner to the materials specified in the fourth paragraph of this article, a description of the invention must be submitted to the Latvian language.
(6) the description of the invention must be clear and complete so that the specialist can implement without invention inventor of additional creativity. Also be presented to the applicant in the description of the known techniques.
(7) the invention of formula consists of one or more points, which determine the extent of protection of the invention.
(8) if the invention provides for a specific, limited access to the micro-organism, the applicant should submit to the Patent Office a document about the strain of the micro-organism (cultural) deposit in one of the internationally renowned collections.
(9) If a patentable invention object of this law, within the meaning of article 3 is a substance that can be used as medicine or medicinal products for veterinary use covered by the legislation on pharmaceutical activity requirements for mandatory inspection of medicines (evaluation) and registration before distributing them in the Republic of Latvia, or the method of manufacture or the so far unknown substances to hitherto unknown use medicinal or veterinary medicinal products then the applicant must apply to the Patent Office a copy of the document on registration of the issued legislation on pharmaceutical activity determined by the competent body, or a copy of a document that is certified by the said institution, and which allow for the distribution of medicines. A copy of the document in question to be submitted at any time, as long as the patent is in force, but not later than six months from the date of first registration of the medicinal product, if the product registered by the patent is issued, or within six months from the date of issue of the patent, if the medicinal product is registered before the date of issue of the patent.
8. article. (1) unity of invention, one application may require the patent only to one invention or to a group of inventions which are United by a common idea.
(2) each inventive formulas independent point in accordance with article 3 of this law must relate to only one invention.
(3) the requirement to comply with the unity of invention be deemed to be met if the invention of formula includes several independent paragraphs, which relate to different, but related objects, and thus reflects the common intention of the invention.
(4) the implementation of a specific invention forms can reflect inventive formulas depend on points.
9. article. The priority of invention (1) On the application (priority) date (hereinafter referred to as the application date) If this Act have been complied with article 7 quarter 1, 2, 3 and 4 of the requirements and the application for the issuance of the patent clearly identifies the applicant, shall be the day on which the Patent Board receives the application. If those requirements are not complied with, the filing date of the Patent, the Board granted when these requirements have been met.
(2) in accordance with article 4 of this law, the third part of the right of priority also arises if the application for the invention has been filed in another Member State of the Paris Convention. In this case, the applicant who wants to use konvencijprioritāt, it must be specified in the application. Certified copies of documents that have been approved, these rights shall be submitted either with the application or at the same time no later than three months from the date of the application.

(3) the priority of the invention is determined by the date on which the Patent Board received the same applicant's first application for the same invention, if the later application that requires this priority, received no later than 12 months after receipt of the application. In this case, the first application is considered withdrawn.
(4) the requested priority of invention are determined based on a number of previous applications, in respect of each of those subject to the first, second and third part in these provisions.
(5) the right of priority means that the application cannot contradict the information or facts that become known, starting from the fixed date of priority.
10. article. In the previous investigation (1) the Patent Office checks whether the application complies with article 7 of this law. Previous examination of the application is to be made within three months from the date on which it filed in the Patent Office.
(2) If the application does not meet the requirements, or only partly complies, the Patent Board shall notify the applicant, explaining and defining the time limit of three months specified failures. Respectively, preliminary investigation is extended also.
(3) until the completion of the preliminary investigation the applicant is entitled, on its own initiative to make such amendments in the application only, which does not change the nature of the invention and the invention shall not extend to the formula. The same amendments can be done at the request of the Patent Office. In both cases, respectively, preliminary investigation is extended. If the amendment of the applicant's own initiative, they shall pay the fees.
(4) if the application complies with the requirements, the Board shall notify the applicant of the Patent on the completion of the preliminary investigation and the acceptance of the application.
(5) if the application is rejected, the applicant does not remedy the Patent Board noted deficiencies.
(6) the decision rejecting the application, if it is adopted in accordance with the fifth paragraph of this article, the applicant may, after payment of the fee within three months of appeal to a Board of appeal. The Board of appeal shall examine the application within three months, and its decision is final.
11. article. Publication of the application acceptance (1) after 18 months from the filing date or, where priority of an earlier application, the priority date of the Patent as soon as possible, the Management Board shall publish in its official Gazette of the notice of acceptance of the application (hereinafter referred to as notice of application). Notice of the invention, description or summary of the formula of the corrected translation that the Patent Office pursuant to article 7 of this law the provisions of the third paragraph filed after the publication of a notice of application, the Patent Office shall publish as soon as possible, but no later than four months from the date of receipt of the corrected translation. At the request of the applicant a notice of application may be published before the expiry of 18 months, but not earlier than three months from the date of acceptance of the application.
(2) the notice of application must include: 1) news about the inventor (if he has not waived the right to be mentioned), and the applicant;
2 the name of the invention);
3 international patent classification) (SPC) index;
4) application date and the date of acceptance;
5) summary of the invention.
(3) as soon as the notice of the application has been published, every person has the right to the Patent Office to become familiar with the application materials, as well as for payment to get the description of the invention and drawings.
(4) if the invention concerns national defense interests, the Patent Office is entitled, on its own initiative for a period up to four months from the date of acceptance of the application to defer publication of acceptance. After the expiry of the Patent Board decision shall cease to be in force, if it is approved and not extended to the competent national authority.
(5) each invention after the publication of a notice of application, obtain temporary legal protection in accordance with article 31 of this law, the sixth, seventh and eighth part.
12. article. Application review and issuance of the patent (1) the Patent Office checks whether the application complies with the accepted this law article 3 and 8. The Patent Office is not carrying out inspections in respect of the application of the patentability of the invention in accordance with the requirements of the law. Patent issue with no guarantee of its validity or value of the invention described in the complete and correct.
(2) if the applicant has not fulfilled the requirements of article 8 of the law of the unity of the invention, the following records are sorted only in respect of the invention the formula's first point, unless the applicant in response to the Patent Board notice of violation of this rule, it is not informed about the distribution of the application or is not limited to requests their invention or group of inventions as a whole points formula, which comply with the requirements of unity of invention.
(3) if the review is positive, the Patent Board within four months from the date of publication of the notice of the application, shall take a decision on the issue of the patent, the invention of recorded in the national register, published in the Official Gazette of his patent bibliographic inquiries and inventive formulas independent points. At the same time, the Management Board shall prepare a Patent accepted the full publication that includes patent bibliographic statement, a summary of the invention, the invention described, the invention of formula and, where necessary, drawings.
(4) the Board shall issue to the applicant a Patent patent after he has paid a fee for the issuance of the patent. At the request of the applicant and the patent fee may be deferred.
(5) If the application does not comply, or only partly meet the requirements of the first paragraph, the Patent Office shall notify the applicant, explaining the discrepancy and responding in a three-month time limit laid down. Application is rejected, if the applicant does not remedy the Patent Board noted deficiencies.
(6) the decision rejecting the application, if it is adopted in accordance with the fifth paragraph of this article, the applicant may, after payment of the fee within three months of appeal to a Board of appeal. If the decision of the Board of appeal the applicant not satisfied, he did six months can appeal to this law article 48, first paragraph.

(7) for the maintenance of the patent in force, including article 31 of this law is provided for in the fifth subparagraph, in the case of the fee must be paid. The fee payable for each year, including the beginning of the year from the date of the application for the appropriate day in the year following the year when under the third paragraph of this article published in the notice of issue of the patent. The fee for the maintenance in force of patents must pay before each payment year start. If the fee is not paid within the time limit set, but the owner of the patent, it paid a further period of six months, while paying an additional fee, the patent shall be deemed to maintain in force.
(8) the time limits laid down in this law, in chapter III and V, may be extended (to postpone), but not more than three months where the law provides otherwise, or restored if the request for renewal of the period received no later than six months after the expiry of the deadline for and good reason. For extension or renewal of the (suspension) pay an additional fee.
(9) the owner of the Patent at any time after the date of issue of the patent, a fee paid in advance of publication can be submitted to the Patent Office a translation of the corrected formula the invention, provided that the corrected translation does not change the nature of the invention and the invention shall not extend the scope of protection compared with the original amount of protection that is determined by the application or patent in the language of the original. The corrected translation has no legal effect until it is published by the Patent Office. The Board published the invention patent formulas corrected translation as soon as possible after the payment of the toll.
13. article. Opposition to the granting of patents (1) Nine months from the date of publication of the notice of issue of the patent, any person, if it paid the fee, is entitled to appeal to the Council against a patent motivated. The complaint shall be submitted in writing to the two copies.
(2) objection to the issuance of the patent Board of appeal can be filed, if the violation of this law, 3, 7 and 8 article.
(3) opposition to the granting of patents based on the other requirements laid down in this law, in court. Objection to the issuance of a patent on the basis of this law, article 2, third paragraph, may be submitted only to the applicant whose application is registered in the Patent Office before.
(4) on the basis of the first paragraph of this article, a copy of the complaint sent to the applicant, which within three months must be submitted. That time limit at the request of the applicant may be extended by one month. The Board of appeal shall examine the objection within three months from the date of receipt of the reply of the applicant or of the date of termination of the response deadline. The applicant and the opponent Announces opposition proceedings 30 days before the hearing date; both parties are entitled to participate in the examination of the opposition, to submit the necessary material and give oral explanation.
(5) according to the results of the examination of the opposition, the Board of appeal shall take a decision on the objection in whole or in part, or rejecting the meeting.
(6) the Objection shall not preclude the rejection of the applicant in accordance with the General rules to challenge the patent issued. The decision on the opposition is limited to six months can appeal to this law article 48, first paragraph.
 
Chapter IV special provisions relating to international applications under the patent cooperation treaty concerning article 14. The international application (1) the international application for the purposes of this chapter is that the patent application under the patent Cooperation Treaty (the patent cooperation treaty, hereinafter referred to as the PCT), 11.1 11.2 and 14.2. article in an international application.
(2) in the Republic of Latvia of any international application shall be treated as an application, which, according to article 7 of this law filed in the Patent Office. This international application is considered to be well-formed, counting from the date of the international application, and it is believed that on this date the application has been filed with the Patent Office of the Republic of Latvia, if referred to as indicated in the international application (PCT Article 4.1 the meaning "ii") or designated (PCT Article 19.5 the meaning "a").
15. article. This law, the application of the international application (1) where the Republic of Latvia in the international application as specified or designated State and the applicant, in accordance with this law I, II and III seeking a patent of the Republic of Latvia, his one month after PCT Article 22 or 39 deadline expired in accordance with article 7 of this law, the third part must be submitted to the Patent Office of the international application (inventive formulas Summary of the invention and drawings, legend) translation Latvian language and pay the application fee. The material in the international application, a translation of the international application is considered to be a component. The international application is considered withdrawn if the time limit referred to in this part, the Patent Office has not filed an invention, the invention of the formulas and blueprints of the summary of the legend of Latvian language translation.
(2) further examination of the international application the Patent Office shall be carried out in accordance with this law, 10, 12 and 13.
(3) each international application in which the specified in the Republic of Latvia and who published under PCT Article 21, the international application is published before the notification of the application (article 11, first paragraph), is the basis of the same rights laid down when the Patent in the Official Gazette of the Board published a notice of the application. This right is in force as of the date of the invention a translation of the summary of the Latvian language is published in the Official Gazette of the Patent Office. The translation will be published within three months from the date on which it filed in the Patent Office.
(4) the translation of the summary of the invention the publication deadlines, as well as the order in which third parties can get acquainted with the materials of the international application, the Republic of Latvia, the Patent Board comply with PCT Article 30 requirements for the privacy of the international application.
(5) if the international application is required by the patent of the Republic of Latvia and the European patent, the applicant is given the opportunity to use the preceding paragraphs of this article, the procedure or, subject to the General requirements, submit to the authority of the European patent application for the extension of European patents to the Republic of Latvia in accordance with this law, the provisions of chapter V. In this case, the application of article 19 of chapter V, the seventh part.

(6) If the same inventor or to his successor in respect of the same invention issued two patents with the same priority date, a patent of the Republic of Latvia are suspended at the moment when the patent was issued on the basis of the international application.
16. article. International applications filed in the Patent Office as to the beneficiary organisations (1) if the applicant is a citizen or permanent resident, in accordance with article 10 of the PCT international application can be submitted to the Patent Office as the beneficiary organisations.
(2) in accordance with PCT Rule 14 of the instructions, the international application shall be filed in a fixed order, paying a fee for the transfer.
(3) International Patent applications to be submitted to the Executive Board as the beneficiary bodies with the PCT Office agreed.
Article 17. Scope of this law, and the relationship with PC (1) PC, this law and other legislative requirements apply to the international application if the Patent Office has developed, or the Republic of Latvia is referred to as the specified or designated national.
(2) in this Act a reference to the PC at the same time also means to refer to the PCT instructions.
(3) if the PCT requirements differ from the requirements of this law and of the application of this law, issued the regulatory provisions of the PCT requirements are met in the version which is in force in the Republic of Latvia.
 
Chapter v special provisions for extension of European patents to the Republic of Latvia on article 18. The application for the extension of European patents to the Republic of Latvia (1) on the basis of the European patent application, the applicant submitted to the authority for the extension of European patents to the Republic of Latvia (hereinafter application for extension), the European patent application and the application for such a patent issued in accordance with the following provisions of this chapter apply to the Republic of Latvia, they have the same legal effect as a national patent application and a national patent and those applicable to the same rules provided for in this Act.
(2) the provisions of the European patent Convention and its regulatory provisions applicable in so far as the provisions of this chapter provide otherwise.
(3) the application for the application to be treated as submitted to the European patent authority with any European patent application, if the application has been filed with the European patent office with the date or after the date of entry into force of this section.
(4) the European patent application for which the EPO has granted the filing date and priority date, if a priority has been claimed, regardless of the results of the examination of the European patent establishment is equivalent to the Patent Office, submitted a properly designed application.
(5) the European patent application, if the fees have been paid, the European patent application and the European patent was applied for in relation to national applications and national patents apply to this law, article 2, second, third, fourth and fifth parts of the novelty. National applications and national patents applied for a European patent is also applicable to this law, article 2, second, third, fourth and fifth parts of the novelty.
(6) the Board shall, as soon as the Patent from the European patent authorities received the application on the application as soon as possible but not earlier than 18 months from the filing of the European patent, published in the Official Gazette of notification your for each application on the application; If there has been a priority from the earlier priority date.
(7) following the publication of the European patent application, the date of the invention under article 31 of this law the seventh and eighth part is granted temporary legal protection in the day when the applicant shall notify the person in Latvia uses the invention, published in the European patent application for the invention of the Latvian translation of the formula language. The European patent application does not have the consequences referred to in this article from its filing date, if the application for the application is withdrawn or deemed to be withdrawn.
(8) the application for the applicant may withdraw the application at any time. It is deemed to be withdrawn if the European patent within the time limit set in the body of the extension fee has been paid, if the EPO is definitively rejected the European patent application, if the applicant submits a cancellation or EPA submission is acknowledged to be withdrawn for other reasons. Notice of these changes on the Board of the Patent shall be published as soon as possible, if it has previously published a communication on the application.
19. article. Extended European patent (1) pursuant to this article, the second to the seventh part of the extended European patent, from the date of publication of the notice of the EPO patent, granted the same rights as national patents.
(2) within three months from the date of publication of the notice of the EPO patent, the patent owner shall submit to the Patent Office, the European patent for the invention of formula translation Latvian language and pay the publication fee.
(3) If the European patent Office submitted to the objection to the issuance of the patent, a European patent is maintained in amended by inventive formula, owner of the patent, within three months from the date of publication of the decision on the maintenance of the European patent to be submitted to the Patent Office invention, as amended by the Latvian language translation of the formula and be subject to the payment of the publication fee. Regarding the objections to this issue of the European patent law, the provisions of article 13 do not apply.
(4) the Management Board shall, as soon as possible, the Patent shall be published any translations submitted under this article for the second and third.
(5) If the second or the third part of the translation is not filed in due time or at the time specified for the publication fee has not been paid, extended European patent shall be null and void from the date of filing of the (ab initio).
(6) it is considered that the European patent is not applied in this chapter for legal force from the date of filing of the (ab initio), if the EPO, examined the received object to the issuance of the patent, the patent concerned is recognised as void.

(7) If the European patent is applied and a national patent the same date of filing the application or, if priority is claimed, with the same priority date issued by the same person or its successor in title to the same invention, if the EPO has received referred to in the third subparagraph the objection to the issuance of the patent, the national patent are suspended as of the date of the opposition period expired but in the case of receipt of the objection, with the day on which the said objection hearing complete, when a final decision on the maintenance of the European patent in force.
(8) in order to maintain the European patent applied for, for each year following the year in which the EPO published notice of the European patent, the fee payable to the Patent Office. Payment shall be made in the same order that's defined in respect of national patents.
20. article. The European patent application or European patent (1) the authentic text of a European patent application or the European patent, the text drawn up in the language of proceedings, the EPO must be the authentic text in any proceedings in the stage of the Republic of Latvia (Patent Office or court).
(2) However, under article 19 of this law, the second and third of the translation is also considered as authentic, except the court cases related to patent nullity of void (article 35) and in which the European patent application or European patent invention applied formulas give less protection to the translation in comparison with the European patent application or European patent EP applied procedure.
 
Chapter VI article 21 of the Patent Board. The Patent Board and its basic functions (1) the Patent Office shall be established by the Cabinet of Ministers. The Patent Board is an independent public body that oversees the Ministry of Justice. The Patent Office's activity is regulated by this law and the regulations of the Cabinet of Ministers approved. The Patent Board Director and Deputy Director at the Justice Minister's proposal, the Cabinet of Ministers appointed. The Patent Office is to supplement the State seal with small coat of arms image. With the stamped patent and trademark registration certificates, as well as relevant documents of the Patent Office.
(2) the Patent Board their financial activity is carried out in accordance with the special provisions of the budget. The Patent Board Cabinet set about taking a toll on the services provided and the fees paid in connection with the legal protection of industrial property. Cabinet of Ministers sets out what deductions from the proceeds of the Patent Office are assigned to the financing of its activities.
(3) the Patent Office shall adopt and review the legal and physical persons of applications for inventions, designs and trade marks for the legal protection of inventions, designs and trademarks shall issue them protective inspection by patents and licences, sort the relevant national registers. The Patent Board collects and stores materials, drawings, descriptions, as well as other documents and items related to patents and trademark registration.
(4) the Management Board of patents within their competence: 1) develop rules, regulations, forms, explanation;
2) for consideration, advises legal and natural persons;
3) draw up and issue its official magazine, as well as the other provisions of this law, article 26, paragraph 2, second subparagraph in these materials;
4) attesting the patent proxies;
5) shall cooperate with the Republic of Latvia, the foreign and international organizations of the legal protection of industrial property.
22. article. The structure of the Patent Office (1) the Patent Office creates a unit that provides its high-quality and timely execution. The Patent Board States is the Director, Deputy Directors, Department managers, experts, and experts.
(2) the Patent Office Department managers, experts, experts and technical staff shall be appointed Director of the Patent Office. The Patent Board Director, Deputy Directors, Department managers and key experts demand the highest technical, legal or economic education of at least three years of seniority in the specialty, they must know how to Latvian language and at least two foreign languages.
23. article. Restrictions on Patent Office employees of (1) the Patent Board officers and employees while they are working in the Patent Office, and the year after the end of the working relationship with the Patent Board is not entitled to submit the patent application, as well as, directly or indirectly, except probate, obtain a patent issued by the Patent Board or issue, or get one of the patent rights.
(2) a person referred to in a patent application, which will be presented below, has precedence, which is dated earlier than one year after that person ceased working relationships with the Patent Office.
24. article. The Patent Board Director (1), the Patent Board Director shall exercise the rights and fulfil the obligations laid down in the law on the legal protection of industrial property and the Patent Board Charter.
(2) the Director of the Patent Office is entitled to execute national and international programmes, organise the exchange of information and to request a statement of matters which affect the national of the Republic of Latvia and the international interests of the legal protection of industrial property.
(3) the Patent Board Director with the Patent Board's property and is responsible, shall determine any chargeable fees as well as fees in connection with the legal protection of industrial property, without the express authorisation of the Patent Office representative in court, arbitration, public authorities and relations with legal and natural persons, as well as other laws and regulations of the Patent Office's activity.
25. article. Responsibility of the Board of the patent, the Patent Board is responsible for the quality and timely performance of it certainly laws on the legal protection of industrial property, as well as on the realization of the national policy of the legal protection of industrial property in the field of specific competence.
26. article. The patent rights of the Board (1) the Patent Office shall have the right to issue: 1) patents, as well as copies and duplicates;
2) trademark registration certificates, copies and duplicates.
(2) the Patent Office shall have the right to issue: 1) their official expense;
2) normative and methodological materials, as well as other material competence of the Patent Office.
27. article. The Board of appeal (1) a Patent dispute for Patent Board is created, the Board of appeal, which works according to the rules approved by the Minister of Justice.
(2) the Board of appeal shall consist of three representatives of the Board of the Patent, as well as four independent experts in science, engineering and law.

(3) the Appeal Board shall be appointed for three years.
(4) the Board of appeal on the basis of the written submissions of the applicant's appearance. Each appeal application appearance for not less than three members of the Board of appeal, and one of them must be a lawyer.
(5) the Board of appeal shall consist of the application for review must not be included in the specialist who performed the previous examination or inspection.
(6) Every petition of appeal is heard within three months.
28. article. Report of the Board of the patent, the Patent Board Director overview of funds received and spent as well as the relevant statistical and other information about the activities of the Patent Office shall provide the Ministry of Justice and Cabinet.
29. article. Representation of the Executive Board (1) the Patent applicants not required professional authorized representation of the patent the Patent Board, except in the second part of this article means.
(2) the legal and physical persons whose habitual residence or place of residence is in the Republic of Latvia or its territory not owned by the company, the Board of the Patent representative professional patent agent.
(3) legal and natural persons whose habitual residence or place of residence is in the Republic of Latvia or its territory belongs to the company, the Patent Board may be represented either personally, or by their duly authorized agents. These employees are not required to be a professional patent proxies.
(4) The authorized representative of a patent may only be professional patent agent, the Patent Board registered professional register of patents authorized, with the exception referred to in the third subparagraph.
(5) the Patent Office shall keep a patent register of professional trustee. Professional patent in the register to be notified of entries in the register as well as sorting determines the Patent Board Director.
(6) professional patent authorized registry can contain only natural persons. Professional patent assignees must satisfy the following requirements: 1) must be a citizen of Latvia, whose normal place of residence is in the Republic of Latvia;
2) must be reached 30 years of age, but a sworn lawyer, at 25 years of age;
3) requires the highest engineering, legal or economic education (foreign higher education diplomas issued in these specialties must be recognized in the Republic of Latvia); If the applicant is not a sworn advocate, you need at least five years ' seniority in the legal protection of industrial property;
4) pass the attestation examination Commission, which approved the Patent Board Director.
(7) any record contained in professional patent agent may request to exclude him from the register.
(8) professional register of patents kept notified the Patent Office and is available for any interested party. The Patent Board regularly publishes professional patent authorized list.
(9) for a professional patent inclusion in the register of Patents authorized the Management Board shall notify the appropriate authority of the State revenue service.
 
Chapter VII patent rights arising From article 30. Exclusive rights (1) the owner of the Patent provides exclusive rights. Without the patent owner's permission to third parties shall be prohibited: 1) the patented product (device, substances, strains of micro-organisms, etc.) make, offer for sale, include economic circulation, use, as well as imported from foreign countries and keep those purposes;
2 use proprietary techniques);
3) offered for sale, include economic circulation, use, as well as imported from foreign countries and keep those purposes the product obtained by the patented process.
(2) a Patent, the validity of which is extended in accordance with article 31 of this law the provisions of the fifth paragraph, the grace period provides patent proprietor exclusive rights provided for in the Act only in respect of a substance, regardless of who is the object of the patented invention, substance, substance or method of manufacture unknown substances to hitherto unknown applications.
(3) Notwithstanding the first paragraph of this article, the patent rules prohibit third parties to supply and offer the patented invention for delivery of the essential elements (excluding those which are commonly known in economic circulation), if the supply of such an element creates an objective possibility of the first paragraph of this article, thus violating the rights of the proprietor of the patent.
(4) the employer has the exclusive right to use the Service invention to which the patent is issued to him (the first part of article 5); These rights apply equally to employee — the author of the invention of the service.
(5) an employee has the exclusive right to use the Service invention to which the patent is issued to him (article 5, first and fourth part); These rights apply equally to the employer.
(6) the Patent owner has the right to use the patented invention, where such use is not prohibited by laws and are not in violation of patent rights of other patent owners.
31. article. Exclusive rights (1) the amount of the resulting patent the exclusive right to determine the scope of protection of the invention's formula. The extent of protection and interpretation of the formula of the invention can be used in the description of the invention and drawings.
(2) a description of the invention and drawings of the invention shall not be used for extended interpretation of the formula.
(3) a Patent shall be valid throughout the territory of the Republic of Latvia, also the internal and territorial waters; of the claims of the patent are also valid in the continental shelf off the coast of the Republic of Latvia and the economic zones in the Republic of Latvia's sovereign rights in accordance with the 1958 April 29 of the law of the Sea Convention, in so far as it affects the mineral search or mining activities.
(4) the exclusive rights fully effective from the date of issue of the patent and shall expire not later than after 20 years from the date of the application.

(5) at the request of the holder of the patent, the Patent Board may extend the fourth part of this article, determine the period of validity of the patent, but not more than five years, if the patented invention object is a substance which is the subject of legislation on pharmaceutical activity requirements for mandatory inspection and registration before distributing them in the Republic of Latvia, or the method of manufacture or unknown applications so far. An application for patent term extension of validity of the prepaid fee, the Patent Office may be submitted at any time, as long as the patent is in force, if this law of article 7 of the ninth part requirements. Deciding on the validity of the patent extension, the Patent Office must take into account the drug tests (evaluation), counting from the date of submission of the application until the date of first registration of the medicinal product. The period of validity of the patent may be extended in accordance with the procedure laid down only once.
(6) during the period between the date of publication of the article 11 notification referred to in the first subparagraph for the application (corrected translation), and the date of issue of the patent for invention is granted temporary legal protection (article 11 in the fifth). However, article 11 of this law provided for in the first subparagraph, in the case where an invention is corrected translation filed after the date of publication of the notice of application, or by article 18, part of the seventh date of provisional legal protection is given from the date of publication of the corrected translation, or from the date when the applicant has communicated to the person in Latvia uses the invention, the invention of the corrected formula translation.
(7) within This period, third parties are allowed to use patentable invention without it the applicant's consent, but paid him fair compensation if this invention patent will be issued.
(8) if the issued patents for invention, third parties who have begun to use the invention during the period when the force was the invention of temporary protection to stop the use of the invention or from the owner of the patent license, which allows you to continue use of the invention. Otherwise, there's the responsibility for violation of the rights of the holder of the patent.
32. article. Resulting from the exclusive rights of the patent restrictions article 30 of this law, the first, second and third parts of a patented invention in the ban does not apply to cases in which the invention is used: 1) for non-commercial (for-profit);
2) scientific experiment or research purposes, as well as the subject matter of the patented invention;
3) pharmacy-a one-time product manufacture by a doctor's prescription;
4 action with the proprietary product), after economic circulation in the territory of the Republic of Latvia have included even a patent owner or other person to the patent owner licenses issued;
5) a foreign vehicle structure or in the course of the operation, which at the time or by chance, is located in the territory of the Republic of Latvia, its waters or air space, and the use of the invention is limited to the needs of the vehicle.
33. article. Previous usage rights (1) any person who, in the territory of the Republic of Latvia before the patentable invention Patent application was received or requested a Board of priority date was in good faith, used the invention in their identical company or company's needs or to this date was made for such use required serious preparatory work, entitled smoothly and without payment of remuneration to the owner of the patent to continue to use the invention in their company or business use, provided that inventive usage will not be extended.
(2) where the applicant, in accordance with article 11 of this law, the provisions of the first subparagraph shall submit to the Patent Office corrected the translation of the invention the formula after the date of publication of the notice of the application, any person who in good faith uses the invention or makes use of such serious preparations necessary, if the use does not result in a breach of the original translation of the application, after the date of publication of the notice of the corrected translation (article 11-fifth), may continue such use within your company or business needs free of charge.
(3) where the owner of the patent in accordance with article 12 of this law, ninth part, submit to the Patent Office corrected the translation of the invention the formula after the date of publication of the notice of issue of the patent, any person who in good faith uses the invention or makes use of such serious preparations necessary, if the use does not result in a patented invention the formula of the original translation may, after the corrected translation violation date of publication may continue such use within your company or business needs free of charge.
(4) prior use rights may transfer to another person only together with the establishment where the invention is used in the first paragraph of this article.
34. article. Patent activity early termination (1) Patent transaction is stopped before the deadline, if: 1) patent application submitted on the Patent Office;
2) specified period not paid the fee for maintaining the patent in force;
3) of the Republic of Latvia the patent ceases to have effect in accordance with article 15 of the law on the sixth or seventh part of article 19.
(2) the activities of Patent early termination case is found to be invalid the validity of the patent term extension (article 31 of the fifth).
35. article. Recognition of the patent to be invalid (1) a Patent may be declared in the void, if the subject matter of the patent: 1) considered, in accordance with this law, patentnespējīg 2 and 3 of article;
2 the description of the invention in its nature) is not revealed so clearly and completely so that the specialist can implement the invention (article 7, sixth paragraph);
3 the subject matter of the patent application) exceeds the scope of its initial version (the third part of article 10);
4) patent was issued to the person was not entitled to receive it (article 42).
(2) if the patent is declared invalid in accordance with the provisions of the first paragraph, it is considered that the application and the patent issued on it, is not in this chapter the legal effect from the date of the application.
(3) the validity of a Patent term extension (article 31 of the fifth) is found to be invalid by the Patent Board from the date of the decision, if:

violation of this law 1) article 7 of the ninth paragraph, or article 31 the fifth part, as well as in the case of the registration of the medicinal product is revoked on the basis of which was extended, the period of validity of the patent;
2) patent's validity was extended, declared partially invalid (part four of this article) and of inventive formulas resulting limitation of claims no longer grant the patent holder exclusive rights to the substance of article 7 of this law and the ninth article 30, first paragraph, point 1 and 3.
(4) a Patent may be declared invalid partly by limiting the invention resulting from the formula for the objection to this article in the circumstances referred to in the first subparagraph shall not apply to patent the full extent.
 
Chapter VIII Patent as an object of property, article 36. Patent rights (1) any patent or application for a patent, as well as the reasonable rights of the legal terms will be treated as a movable property for personal, but can not be a requirement for the liettiesisk object.
(2) any patent or application to rights based on a patent or application, can be sold, temporarily putting another person in full or in part (license), gifted or otherwise include civil circulation in accordance with the General rules to be followed when the property transactions, if the existing legislation does not provide for different rules for individual patent-related transactions.
(3) based On the economic rights of the patent, as well as the right to request the patent can inherit movable property in accordance with the General rules of succession.
(4) any transaction related to a patent being filed in the Patent Office. Otherwise they shall be null and void.
37. article. (1) the use of the invention For invention recognizes the use of patented objects (devices, substances etc.) manufacture of industrial or proprietary methods in industrial use, if you have used all the inventive formulas independent point of signs or their equivalents.
(2) relations between cases where the invention is used, to which several persons issued a joint patent, determined by the contract concluded between the parties. Where such contract has not been concluded, each of the joint owners of a patent is entitled to use the invention in its sole discretion, except relating to the grant of a licence or patent pending disposal.
(3) a licence may be granted to third parties only with the consent of all the co-owners of the patent, or on the basis of the judgment of the Court of Justice. The co-owner of a patent dispute settled in court (article 48).
(4) any person who wishes to use a patented invention, the patent owner must be concluded with the contract.
38. article. License and license agreement (1) proprietary rights to use the invention to another person is presented with the license agreement. According to the nature of the license (exclusive license or just license) pārdevējpus of the right to use the invention (the licensor), and saņēmējpus (the licensee) assume certain rights and obligations.
(2) a licence is recognised as an exclusive licence if the licensee acquires the 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 is recognised as a simple license if the licensor by granting another person the right to exploit the invention retains the right to use the invention, as well as to grant a licence of the same invention by third parties.
(4) For the open license is called a patent owner notified readiness to grant a licence for the use of the invention for any interested party. The following statement of the patent owner shall submit to the Patent Office for publication in the Official Gazette. After the publication of the notice of the annual fee for the maintenance in force of patents is reduced by half. If the open licence is withdrawn, that a fee payable in accordance with the General rules. If the open license terms of use of the interested parties agree, fails the rules determined by the Court.
(5) the license contract shall enter into force upon its registration in the Patent Office. For registration of the licence must pay a fee.
39. article. (1) a compulsory licence If within four years from the granting of the patent (or patent registration foreign country) days patented invention within the territory of the Republic of Latvia has not been used or has been used insufficient, any person may apply to the Court to grant it permission (license) to use the patented invention in accordance with rules laid down by the Court. This provision does not apply where the owner of the patent proves that an invention is non-use or insufficient use has been for good reasons.
(2) according to the first paragraph of this article, the rules permit the use of the patented invention (compulsory license) without the consent of the holder of the patent can be obtained in court, based on one of the following conditions: 1) the patented object or with a proprietary method for product is a vital role in the well-being of the population, its economic interests in the provision or protection, but the owner of the patent or his licensee does not use the invention or use it to the extent that objective does not suit the interests of the Republic of Latvia;
2) inventions, which plays an important economic role, may not be used without other earlier patented invention applications; in those circumstances, the earlier issued patent owner may request will be issued later for the use of a patented invention.
(3) a compulsory license is always the simple transfer of the license, they have no rights.
 
Chapter IX Patent infringement and liability for patent infringement of article 40. The concept of patent infringement (1) For patent infringement shall be any article 30 of this law, the first and third part of the holder of the patent provided for in the law of harassment, if it had occurred in the period of validity of the patent.
(2) any person is responsible for the direct infringement of the patent if it made this law, article 30 of the action referred to in the first subparagraph without the Republic of Latvia in force a patent owner's permission or other legal basis.
(3) any person is also responsible for patent infringement, implied if it committed this Act article 30 referred to in the third subparagraph the activity without the Republic of Latvia in force a patent owner's permission or other legal basis.
41. article. Liability for patent infringement

(1) liability for patent infringement, in accordance with article 40 of this law occurs only with the provisions of the patent issue date and only for acts committed after that date.
(2) liability for patent infringement occurs only if the offender's fault.
(3) to prove the fact of patent infringement and infringer's guilt is the injured party (the owner of the patent or the exclusive licensee).
(4) in the third subparagraph, the provisions referring to the offender's guilt does not apply to cases in which the patent was issued to manufacture a new product. Any identical product manufactured with a patented technique, until proven otherwise.
(5) where the patentee or the exclusive licensee has informed him of the existence of the patent, as well as in cases where the dispute is a sign of the patent (article 45 of the first and second part) other patent infringer's conviction are not necessary.
(6) a claim against the infringer of the patent may be brought within three years from the time when the aggrieved party learned or should have know about patent infringement.
 
Chapter x of the resulting patent protection article 42. Patent rights (1) the Person on whose application the invention made or patents received by another person who had no right, can apply to the Court to the right on the application or the patent be transferred already received it.
(2) if the victim can claim only to the application or patent in part, issued under the first paragraph of this article may require that the law be passed to him for this part.
(3) the first paragraph of this article, the rights must be exercised no later than three years from the date of issue of the patent.
(4) if the application or the patent is revoked in accordance with the first paragraph of this article, a person shall have the right, power within three months after the entry into force of the judgment to file the application, saving the earlier application or the patent granted on the earlier priority.
(5) if the right to the application or patent is amended in whole or in part, the right to license, to which the amendment was issued to date, in the event of a dispute by the Court.
43. article. The inventor of protection (1) the inventor shall have the right to it, so he should be referred to as the inventor of all the issue of patents and related documents and materials. This right shall not be transferable and not over the inheritance.
(2) the first paragraph of this article, the rights laid down in the case of infringement can be protected in court in the same order that is protected by copyright.
(3) the inventor-invention of the author of the Service invention-creation and use may be eligible for equitable remuneration by employers in a contract concluded in the cases provided for.
(4) the inventor retains this right also if the employer deliberately avoided making application to employee's inventions.
(5) the inventor, the invention of the author of the service have the right to prove that his invention is used, the holder of the patent or the licensee of a patent infringer.
44. article. Compensation for damage due to prohibition of publication (1) If, in accordance with article 11 of this law in the fourth and current law prohibits openly (free) to use the invention, the applicant or the patent owner may request the appropriate compensation for the losses he incurred due to the fact that it is not possible to openly use the invention.
(2) compensation, in agreement with the applicant for or proprietor of the patent shall be determined and paid by the national authority at whose request the extended publication ban.
(3) if the parties fail to reach an agreement on the compensation determined by the Court.
45. article. Protection against patent infringement (1) the owner of the Patent and the licensee shall have the right to be placed on a custom-made products (products) or their packaging labels, such as "Patent No. ...". In addition, the licensee of the patent owner's requirements after the expression required to deploy on their articles.
(2) during the period in accordance with article 31 of this law, sixth in force the invention of temporary protection, the applicant has the right to send the notification to third parties, which eventually used or intend to use the invention in respect of which the application is lodged. The notice must be accompanied by a Patent application approved by the Executive Board.
(3) in accordance with this law, article 40 and 41 the holder of the patent, from the date of issue of the patent, may bring an action in court in connection with patent infringement. The same right is the exclusive licensee.
(4) when a patent infringement has been proved, the fact of the Court by the injured party demands make a judgment depending on the offender's degree of guilt (art. 41 of the second and third part) contains one or more of the following sanctions: 1) of the use of the invention;
2) seizure of patented products or products that are an integral part of proprietary products, as well as the imposition of the victim;
3) misconduct, nor for damage resultant profit;
4) patented invention of illegal use of profit allocation of all or part of the victim;
5) court costs.
(5) Meet the requirements of the victim, the Court may not be for the same offence at the same time order the infringer to damages (the fourth paragraph of this article, paragraph 3) and profit (the fourth paragraph of this article) the transfer of the plaintiff.
 
Chapter XI disputes Court article 46. Jurisdiction of the courts (1) disputes over exclusive rights to the patent and if this law based right in court 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 legislation in force provide otherwise.
(2) The activities associated with the authorship of the misappropriation, co-authoring puts, as well as the nature of the invention disclosure and other activities the perpetrators held accountable in accordance with the existing legislation.
(3) complaints concerning the deliberate delaying the examination of the application, as well as casual or not conscientious fulfilment of the obligations and the examination of the application or patent in the course of inspection, during the consideration of the Court in the order laid down in the handling of complaints about illegal activities of officials.
47. article. Claims of jurisdiction

(1) an applicant for or the holder of the patent, as well as exclusive licensee claims against third parties in court at the defendant's place of residence or the place where the activity took place or where the misconduct.
(2) third-party claims against the applicant or patent owner in court at the defendant's place of residence, if this law or other legislation in force is not fixed in different proceedings.
48. article. Dispute to the jurisdiction of the courts (1) of the courts of the Republic of Latvia to be considered matters relating to: 1) accept the application or the registration of a foreign patent application rejection (article 12, sixth paragraph);
2 of the patent, the patent dispute) the Declaration of invalidity (article 35);
3) authorship of the invention (co-written);
4) rights (restore) to patent (article 42, the first and second part);
5) the right to the invention to the employee (article 5);
6) remuneration for the use of the invention (article 43 in the third and fourth part);
7) performance of the contract on the transfer of the right to the invention (article 5 and 38);
8 use the fact of invention) detections (second paragraph of article 37 and article 43 part five);
9 determination of compensation for an invention) for use during the period when it was in force temporary protection (article 31 of the sixth part);
10) patent infringement finding of facts, liability for patent infringement, protection measures against patent infringement (40, 41 and 45).
11) prior use rights (article 33);
12 patent rights of succession) (the third part of article 36);
13) the granting of licences and the licence agreement (article 37, second and fourth subparagraphs of article 39, the first and the second part, article 42 part five);
14) right to compensation due to inability to openly use the invention (article 44 of the third).
(2) judgment of the Court of first instance was made, by any of the first paragraph of this article, the dispute may appeal to the civil procedure legislation.
(3) only a Riga court following consideration of this article dispute referred to in the first subparagraph are: 1) the challenge of the patent, patent invalidation, (the first paragraph of this article;)
2 for patent rights and patent rights) of restoration (the first part of this article);
3) on the right to compensation due to inability to openly use the invention (the first part of this article, paragraph 14).
(4) at the Riga District Court acts as an appeal instance in disputes concerning the application and accepted foreign patent registration application rejections.
(5) only in the District Court as the Court of first instance, following consideration of this article dispute referred to in the first subparagraph are: 1) the authorship of the invention (co-written);
2) for patent infringement in fact finding, liability for patent infringement, protection measures against patent infringement;
3) on prior use rights;
4) on the granting of licences.
(6) Other disputes the jurisdiction of the General provisions on jurisdiction of the dispute to the courts, if the existing legislation provides otherwise.
(7) foreign legal and physical persons the Republic of Latvia is not a permanent location or place of residence or with regard to the location of the company, their claims submitted to the Riga Court as the Court of first instance.
49. article. Terms of its claims in court (1) a Patent is in force without a time limit, may take legal action if the dispute occurred: 1) been issued patent nullity of void (article 35);
2) for the granting of licences.
(2) in other cases, the dispute not provided for by the first part of this article, the time limit for lodging a claim in court is three years, if this law or other law in force in other specified deadlines.
 
Chapter XII international treaties in article 50. Priority international agreements if the international agreement concluded by the Republic of Latvia and approved by the Saeima provides for rules which differ from the provisions of this law, applicable international treaty provisions.
Transitional provisions 1. Republic of Latvia is continued their European patent registration, for which the European patent application has been filed with the authority before the date of entry into force of the Government of the Republic of Latvia and the European patent authorities agreement for cooperation in the field of patents, if patent holder: 1) submitted a Patent application to the Board not later than one year from the date of 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 drawings of the summary of the legend of Latvian language translation;
3 the fees have been paid);
4) the invention is patentable.
2. A registered European patent has the same legal force and apply the same rules of law applicable in the Republic of Latvia the patent, with the following exceptions: 1) the exclusive rights conferred by a patent shall take effect from the day the Patent Board publishes notice of the European patent registrations, and shall expire 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 33 of the Act) the provisions of the first paragraph in respect of the registered European patent applicable when the invention in good faith is started or for such use required preparations are made before the Patent Office received an application for the registration of European patents in the Republic of Latvia;
3) European patent recognition void or its early termination of validity of the country of origin is not considered on the basis of the registered patent for recognition of the Republic of Latvia.
3. Article 31 of this law, the fifth part of a patent term extension of validity applicable also to those patents issued before the entry into force of this law, if this law article 7 of the ninth part.
4. A Person who is registered in the Patent Office as a patent agent Professional (article 29 of the sixth part) before the entry into force of this law, retain the right to be the authorized representative regardless of nationality.
5. Until such time as the transaction is not started in the District Court of Riga and other district courts, article 48 of this law in the third part of the consideration for a district (City) Court at the location of the Patent Office, but other disputes arising from patent rights, and complaints concerning the Court of first instance judgments in civil procedure under consideration pursuant to a specific legislative jurisdiction.

6. With the entry into force of this law shall lapse of 2 March 1993, the Patent law (the Republic of Latvia Supreme Council and Government Informant, 1993, No 12). This Act, with the exception of its chapter V, shall enter into force on the day following its promulgation. Chapter V of the Act shall enter into force simultaneously with the Government of the Republic of Latvia and the European patent authorities of the agreement on cooperation in the field of patents, for which the entry into force of the Patent Office shall publish a notice in its official Gazette and sends this notification for the publication of the newspaper "journal".
 
The Parliament adopted the law of 30 March 1995.
 
1995 in Riga on April 19 President g. Ulmanis