PATENT law of the Republic of Latvia in the first chapter General provisions article 1. 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, which until the receipt of the application or the required priority date of the application for the use of the open or any other way (in writing and orally) become available to the general public.
(3) an invention is new if it is the other part of this article and meet the requirements, but is already described in another patent applicant (hereinafter the applicant) of the patent application (hereinafter application) registered with the Patent Office earlier priority and published in the official bulletin 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 not earlier that during the 12 months prior to the claimed invention, or the priority date of the application and 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:-another in the same inventor filed a Patent application, and the Board that information could not be disclosed in the application, 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 of paragraph 1 of this part of the application of rules may be made at any time without limitation. If there is a possibility to a contested this part, the provisions of paragraph 1, the person who put in a claim for application of the provisions referred to, it must be demonstrated that the circumstances have occurred.
(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 article 1 of this law, the provisions of part three.
(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.
2. article. The object of the invention is the invention of an object can be, among other devices, techniques, 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.
3. article. Not protected objects (1) 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, as well as gaming and business rules and methods of computing (computer) programs;
4) outreach techniques.
(2) this provision excludes the specified object for patenting only if you require the same exemption in that object.
(3) 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.
The second chapter of PATENTT1ESĪB subjects in article 4. The right to the patent (1) the right to patent is the inventor or his legal successor. 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 submitted the first application for the invention in a foreign country, which are the Paris Convention for the protection of industrial property in Member States, but after 12 months, subject to the provisions of the Convention, submitted an application for the same invention in the Patent Office of the Republic of Latvia.
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) the performance of the work contract, which includes izgudrotājdarbīb, 2) asked the work doing 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 can raise only three years if 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 research or design and construction work for the customer, the right to inventions that may arise, the specific contractor performing the work, is the official institution and the specific contractor and use common procedures for the specific contracts.
In the third chapter, the issue of the PATENT article 7. Patent 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 applicant must indicate in the application 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 shall be submitted to the Latvian, Russian, English, French or German. If the application is filed in English, German or Russian languages, the applicant, within two months, 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.
(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 authorized persons {patent notified).
(5) this law, in article 12, 20 and the ninth chapter of the dispute in the case after the Patent Board of appeal of the Board 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.
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 2 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. Priority (1) the invention on the filing date (priority) recognises the day the Patent Board receives the application.
(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 wishes to exercise the right of konvencijprioritāt, it must be specified in the application. Certified copies of documents that have been approved, these rights shall be submitted together with the application, but not later than three months from the date of the application.
(3) the priority of the invention can be identified by the date on which the Patent Board received the same applicant's first application for the same invention, if the application which later 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 priority of the invention may be based on several earlier 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 has the right to do so on their own initiative only in the application, amendments and additions that do not change the substance of the invention and the invention shall not extend to the formula. The same can also be done after the amendments to the Patent at the request of the Executive Board. 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, by paying a fee, the applicant may, within three months from the date the Patent Board 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 on acceptance (1) after 18 months from the receipt of the application or the required priority application date as soon as possible, the Patent shall be published in the patent Bulletin Board statement on the application. 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 invention classification) (SIC) index;
4) filing (priority) date of and 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 suspend publication on 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) in accordance with article 31 of this law, the fifth, sixth, seventh part, each invention with the date of publication of the notice of application, obtain temporary legal protection.
12. article. Application review and issuance of the patent (1) the Patent Office checks whether the application complies with the accepted this law, 2., 3., and the requirements of article 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 application 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 application, but then if the objection to the acceptance of the application, within four months from the date of rejection of the objection shall take a decision on the issue of the patent, the invention of recorded in the national register, shall be published in the patent Gazette patent bibliographic statement and summary of the invention, the Patent at the same time, the Management Board shall prepare the publication of the accepted application full description 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 patent fees they have paid. At the request of the applicant and the patent fee issue can 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, upon payment of the fee within three months in which to appeal to the Board of Patent Appeals Board. 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 charged a fee. The fee for each subsequent year to the previous year due to the end of the date of issue of the patent. If the fee is not paid within a specified time limit, the patent owner has the right to pay a further period of six months, while paying a supplementary fee also.
(8) the time limits laid down in this law, the third and fifth chapter may be extended (to postpone), but not more than three months where the law provides otherwise, or if it does not restore compliance with good reason. For extension or renewal of the (suspension) pay an additional fee.
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 submit to the Board of Patent Appeals Council motivated objections to issuance of the patent. 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 violated this law, 2, 3, 7 and 8 article.
(3) objections 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, in article 1, 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, for which a period of three months to prepare a response. 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 receipt of the reply of the applicant. 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 this date is considered the date of the application, the Patent Office if the Republic of Latvia referred to as indicated in the international application (PCT Article 4.1 (ii) sense) or designated (PCT Article 19.5 the meaning of point (a)).
15. article. This law, the application of the international application (1) If the international application of the Republic of Latvia referred to as specified or designated State and the applicant, in accordance with this law, the first, second and third Division wants to receive 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 first paragraph of this part within that period, 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) the international application for Patent Review Board shall be carried out in accordance with this law, 10, 12 and 13. International application, which meet the requirements of the first subparagraph do not apply to article 7 of this law the provisions of the third paragraph.
(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 application is accepted, the date of the publication (article 11 of this law, first paragraph), is the basis of the same rights laid down when the Patent in the Official Gazette published the Board accepted the application. This right arises 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 summary translation of the publication terms, as well as the order in which third parties can get acquainted with the materials of the international application in which 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 Republic of Latvia and the European patent, the applicant, without exception, subject to the General requirements, you are given the option of using the procedure laid down in the preceding paragraphs, or after receipt of the European patent in accordance with this law, the fifth chapter to submit to the Patent Office a special application for the registration of European patents.
(6) If for the same invention, or his successor in title, for 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 of the Republic of Latvia, 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 developed in languages that are matched by the PCT Office.
Article 17. Scope of this law, and the relationship with PC (1) PC, this law and other legislative requirements apply to international applications in cases where the Patent Office has developed or specified or designated organization.
(2) the withdrawal of the law on the PC at the same time also refer to the PCT instructions.
(3) if the PCT requirements differ from the requirements of this Act or of the requirements provided for in legislation relating to the marketing of this Act, comply with the PCT requirements in the version in force in the Republic of Latvia.
Chapter five FOREIGN PATENT registration article 18. Foreign patent registration rules (1) is registered in the Republic of Latvia to the European patent. Patents of other countries adopt the registration, if the Republic of Latvia has concluded for the bilateral or multilateral agreements.
(2) a European patent shall be taken for registration by the holder of the patent application to be submitted to the Patent Office not later than one year from the date of registration of European patents.
(3) the invention protected by the patent is submitted for registration must meet the requirements in relation to priority date provided for in article 1 of this law. The priority date is considered the date the application is filed to register the patent in the country of origin.
(4) the application for registration of a foreign patent to be added: 1) officially approved the patent and a copy of it;
2) invention of the formula translation Latvian language;
3 Summary translation of the invention) Latvian language;
4) drawings translation Latvian language signs.
(5) when submitting an application for the registration of a foreign patent, must pay a fee.
19. article. Examination of application (1) an application for registration of a foreign patent for appearance time limit determined by this law, article 10, paragraph 1, and article 12 relating to the third part of the Republic of Latvia the patent application expertise.
(2) an application may be rejected if: 1) object protected by a foreign patent, in accordance with article 1 of this law the eighth part or the provisions of article 3 are not patentable;
2) application filed by this law, in the second paragraph of article 18, the deadline.
(3) the application may be challenged the rejection of this law, article 12 of the sixth part.
(4) if the application complies with the requirements of this law, it is satisfied.
(5) the Management Board of the Patent inventions registered in a national register, the applicant shall be issued patents and published notice of the issuance of the patent, the same procedures provided for the patents of the Republic of Latvia.
(6) the applicant of a patent may be obtained on payment of the fee. For the maintenance of the patent in force duties payable each year.
20. article. Registered a patent challenge (1) patents may be challenged, and it may be revoked on the basis of the rules and subject to the arrangements provided for in the Republic of Latvia the applicable patent challenge.
(2) the foreign patent cancellation or early termination of its operations in the country of origin is not considered on the basis of the registered patent for recognition of the Republic of Latvia.
Chapter 6 of the PATENT Board of article 21. The Patent Board and its basic functions (1) the Patent Office shall be established by the Council of Ministers. The Patent Board is an independent State institution of the Ministry of Justice. The operation of the Patent Office shall be determined and regulated by this law and the regulations of the Patent Office. The Patent Board Director and Deputy Director at the Justice Minister's proposal shall be appointed by the Council of Ministers. The Patent Office is the seal of the Republic of Latvia with a small complement of coat-of-arms in the picture. With the stamped patent and trademark registration certificates, as well as relevant documents of the Patent Office.
(2) the Patent Office shall adopt and review the legal and physical persons of applications for inventions, industrial and legal protection of trade marks, inventions, industrial samples taken and trademark expertise, issue them protective 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.
(3) the Management Board of patents within their competence: 1) develop rules, regulations, forms, explanation;
2) for consideration to advise natural and legal persons;
3) draw up and issue an official newsletter, as well as other 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.
(4) For the submission of applications, as well as the Patent Board actions related to industrial property legal protection, is to be paid. The size of the fee determined by the Council of Ministers, but the payment order, the Patent Board Director.
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, technical staff, experts and employees of the Patent Office appointed Board Director. The Patent Board's Director, Deputy Director, the main distinction between managers and experts demand the highest technical, legal or economic education of at least three years of seniority as well as specialty, Latvian language and should have at least two foreign languages.
23. article. Limitations of Patent officers

(1) the Patent Board officers and staff in the performance of their duties, as well as the Patent Office during 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) in relation to a patent, patent applications will be filed in the future, they do not have precedence, which is dated earlier than one year after they stopped working relationship with the Patent Office.
24. article. The Patent Board Director (1), the Patent Board Director manages all transactions and fulfil the obligations laid down in the law on the legal protection of industrial property and the Patent Office rules, (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 concern the national of the Republic of Latvia and the international law of the legal protection of industrial property.
(3) the Director shall within the framework of law handling Patent Office separate estate and responsible, without express authorisation by the representative of the Patent Office in court, arbitration, public bodies, as well as to natural and legal persons.
25. article. Responsibility of the Board of the patent, the Patent Board is responsible for the quality and timely performance of it, definitely a Latvian legislation on the legal protection of industrial property, as well as on national policy realization of industrial property in the field of legal protection of its specific competence.
26. article. The patent rights of the Board (1) the Patent Office shall have the right to issue: 1) patents, including the description of the invention and drawings, as well as copies and duplicates;
2) certificate of registration of trade marks, labels, copies and duplicates.
(2) the Patent Office shall have the right to issue: 1) the Patent Office's patent and trademark official journal;
2) normative and methodological materials, as well as other material matters falling within the 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 members of the Patent Office that the four independent scientific, technical, and highly competent professionals in 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.
(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 the Council of Ministers.
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) natural and legal persons having their domicile is not the Republic of Latvia or its territory not owned by the company. The representative of the Patent Office Professional patent agent.
(3) natural and legal persons whose permanent 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. Records that are to be notified of professional patent registry, and it sort of sets 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 the Republic of Latvia, whose permanent residence is in the Republic of Latvia (Republic of Latvia citizenship until the adoption of the law of the Republic of Latvia for long-term resident);
2) must be reached 30 years of age;
3) he needed the highest engineering, legal or economic education (foreign higher education diplomas issued in these specialties must be recognized in the Republic of Latvia), as well as specialty — seniority not less than five years;
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.
The seventh chapter of the PATENT claims of 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, enter the business chain, apply, as well as imported from foreign countries and keep those purposes;
2 use proprietary techniques);
3) offered for sale, enter the economic movement or use, as well as imported from foreign countries and keep those purposes the product obtained by the patented process.
(2) 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.
(3) the employer has the exclusive right to use the Service invention to which the patent is issued to him (this law article 5, first paragraph); These rights apply equally to employee — the author of the invention of the service.
(4) the employee has the exclusive right to use the Service invention to which the patent is issued to him (article 5 of this law, the first and fourth part); These rights apply equally to the employer.
(5) a Patent owner has the right to use the patented izgudrojam, if such use is not prohibited in the Republic of Latvia, the applicable law and are not in violation of patent rights of other patent owners. Registered patent shall confer on its owner the exclusive rights in accordance with the procedure laid down in this article.
31. article. Scope of exclusive rights (1) the right deriving from the patent protection frame determines the inventive 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, including 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 filing date of the patent application. The exclusive rights arising from a registered patent, shall enter into force as of the date of publication of the notice of registration of foreign patents (article 19 of this law, part 4), and shall expire no later than after 20 years from the date on which the Patent Office filed the application for registration of a foreign patent.
(5) during the period between the date when the notice is published, the patent application and the date of issue of the patent, the invention is granted temporary protection.
(6) within This period, the 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.
(7) 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 should stop using this invention or must be obtained from the holder of the patent license for the 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, first and second 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 drug production after a doctor's prescription;

4) operation on the product patented after the territory of the Republic of Latvia in economic circulation has entered even the 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 receipt of the application of the patented invention in the Patent Office or the date of priority claimed was independently and in good faith used the identical invention in their company or to date had made the necessary preparations for such use shall have the right of unimpeded and without payment of remuneration to the owner of the patent to continue to use The invention in their company, provided that the use of the invention will not be extended.
(2) in the case of a registered foreign patent that provision applicable to cases in which the invention is begun or the necessary preparations for such use have been made before the date on which the application for patent is received for registration in the Republic of Latvia.
(3) 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. Early discontinuation of activity of the patent the Patent for a transaction is stopped before the deadline, if: 1) a patent application submitted to the Patent Office;
2) specified period not paid the fee for maintaining the patent in force;
3) was declared the patent invalid in accordance with article 35 of this law.
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 patentnespējīg of this law, article 1 and 3;
2 the description of the invention patent) nature is not revealed so clearly and so completely to a specialist in inventions could be implemented (article 7 of this law, sixth paragraph);
3 the subject matter of the patent application) exceeds the scope of its initial version (article 10 of this law, the third part);
4) patent was issued to the person was not entitled to receive it (article 42 of this law).
(2) 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 eight the PATENT AS an object of property, article 36. Patent rights (1) any patent or application for a patent, as well as rights based legal regime are treated as movable assets 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 enter the 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 certain transactions relating to patents.
(3) based On the economic rights of the patent, as well as the right to request the patent over the order of succession in accordance with the real thing a succession of General provisions.
(4) any patent-related transactions shall be null and void if they are not registered in the Patent Office.
37. article. (1) the use of the invention For invention recognizes the use of patented objects (devices, substances etc.) manufacture of industrial or proprietary industrial process if all inventions are used in the formula in paragraph independent signs or their equivalents.
(2) relations between cases where the use of the invention, 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. Patent disputes are settled by the co-owners in court (article 48 of this law).
(4) any person who wishes to use a patented invention, the patent owner must be concluded with the contract.
38. article. License and license contract (1) the Patent owner's 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. Such notification shall be submitted by the owner of the patent, the Patent Office shall arrange for official publication. 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 rule 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 of the Republic of Latvia, its economy or protection of interests, 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 patented invention licensing.
(3) a compulsory license is always simple (non-exclusive) license, they do not have the right to transfer.
The ninth chapter 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, first and second parts of the holder of the patent provided for in the law of harassment, if it had occurred in the lifetime of the patent.
(2) any person is responsible for the direct infringement of the patent if it made this law, article 30 of the activities 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 made this law, article 30, second paragraph this action without existing in the Republic of Latvia the 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 deliberate intention to have suffered (the owner of the patent or the exclusive license holding).
(4) the third subparagraph of the said provisions do 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) the third paragraph of this article shall not apply where the patent infringed intentionally — after the owner of the patent or the exclusive licensee of offenders informed the existence of the patent, as well as the case where the issue is the patent (article 45 of this law, the first and second part).

(6) the Patent infringer may be held liable for patent infringement over a period of three years from the time when the aggrieved party learned or should have know about patent infringement.
The tenth chapter of the resulting PATENT protection article 42. Patent rights (!) A person whose application for an invention or patent received the submission 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 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) in the first subparagraph in specific cases of infringement of the rights 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, in any of the cases provided for in the contract concluded by employers.
(4) the inventor retains this right also if the employer deliberately avoided making application for invention, created by the employee.
(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 fifth and in force in the Republic of Latvia 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 authorities, which extended the ban on the publication of the request.
(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, a fifth is in effect the temporary protection of inventions, 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 to do 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 (article 41 of this law, 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 forfeiture in favor of the victim;
3) misconduct, nor for damage resultant profit (profīt);
4) patented invention of illegal use of the profit gained from the total or partial assignment of the victim;
5) litigation related expenses.
(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 share this article, paragraph 3) and profit (the fourth paragraph of this article) the transfer of the plaintiff.
In chapter ELEVEN disputes to the Court by 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 that is to examine the dispute for which the civil liability provided for in accordance with the provisions of the Civil Code of the Republic of Latvia, on movable property, if this law or legislation in force provide otherwise.
(2) disputes relating to the authorship of the embezzlement, forced the abandonment of the invention or of the force, as well as co-authoring disputes about the nature of the invention disclosure before and after the filing of the patent application examined by the Court in the same order in which the dispute is considered, in respect of which criminal liability in accordance with applicable law.
(3) matters relating to the examination of the patent application, as well as intentionally putting off casual or not conscientious fulfilment of the obligations and the examination of the application or patent in the course of inspection activities during the present Latvian Code of administrative offences.
47. article. Claims of jurisdiction (1) the applicant or the holder of the patent, as well as exclusive licensee claims against third parties in court at the place of residence or the answer 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 in the present disputes related to;
1) accepted the application or the registration of a foreign patent application rejection (article 12 of this law, sixth paragraph, and 19. the second part of the article);
2) patent challenge (cancellation), the patent nullity of void (article 35 of this law);
3) authorship of the invention (co-written);
4) rights (restore) to patent (article 42 of this law, the first and second part);
5) the right to the invention to the employee (article 5 of this law);
6) remuneration for the use of the invention (article 43 of this law a quarter);
7) performance of the contract on the transfer of the right to the invention (5 and 38 of this law);
8 use the fact of invention) detection (this bend in the 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 the provisional protection (article 31 of this law, fifth);
10) patent infringement finding of facts, liability for patent infringement, protection measures against patent infringement (this law, 40, 41 and 45).
11) prior use rights (article 33 of this law);
12 patent rights of succession) (article 36 of this law the third part);
13) the granting of licences and the licence agreement (article 37 of this law, the second and the fourth part 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 this law, the third part).
(2) judgment of the Court of first instance, in considering any of the first paragraph of this article, the dispute may appeal, the appeal shall be submitted.
(3) only a Riga court following consideration of this article dispute referred to in the first subparagraph 1) for patent challenge (cancellation), the 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:-1) on the authorship of the invention (co-written);
2) for patent infringement finding of facts, the liability due to 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 natural and legal persons of the Republic of Latvia is not having their domicile or their own company's location, their claims submitted to the Riga Court as the Court of first instance.
49. article. Terms of its claims in court

(1) during the term of the Patent, without a time limit, may bring an action in court if a dispute arose: 1) issued the revocation or declaration of invalidity (article 35 of this law);
2) for the granting of licences.
(2) other matters 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.
In the TWELFTH chapter of the international treaties in article 50. Priority international agreements if the international agreement concluded by the Republic of Latvia, the provisions that differ from the provisions of this law, applicable international treaty provisions.
The Republic of Latvia Supreme Council Chairman a. GORBUNOV of the Republic of Latvia Supreme Council Secretary i. DAUDIŠ of 2 March 1993, the