– Patent Law, in force since March 1, 2007, with latest amendments in force since July 12, 2021.
– Industrial Property Institutions and Procedures Law, in force since January 1, 2016, with latest amendments in force since March 7, 2023.
– Section 147 of the Criminal Law.

– Convention Establishing the World Intellectual Property Organization (WIPO), since January 21, 1993.
– Paris Convention for the Protection of Industrial Property, Stockholm Act, since September 7, 1993.
– Patent Cooperation Treaty (PCT), since September 7, 1993.
– Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure, since January 1, 1995.
– The Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents (Apostille), since January 30, 1996.
– WTO’s TRIPS Agreement, since February 10, 1999.
– European Patent Convention 2000 (EPC 2000), since July 1, 2005.
– London Agreement on the application of Art. 65 EPC, in force since May 1, 2008.
– Patent Law Treaty, since June 12, 2010.
– Agreement on a Unified Patent Court (UPCA), ratified on January 11, 2018.

Applicant: the author of an invention or his successor in title (any natural person or legal entity).

Foreign applicants: must file through a registered patent attorney.

Naming of inventor(s): inventor(s) must be named in the application; if he does not wish to be mentioned, he shall issue an appropriate declaration.

Types of patents: patents of invention. No utility models.

Not patentable: methods for the surgical or therapeutic treatment of human or animal organisms as such, as well as diagnostic methods (in light of the Decision G0001/04 of the Enlarged Board of Appeal of the EPO). Devices and substances, which are used in these methods are patentable.

Plant and animal varieties or essentially biological processes for their production are not patentable, but microbiological processes or products obtained by such processes are patentable.

Microorganisms, plant and animal cell cultures are patentable.

Novelty: an invention shall be considered as new, if it is not a part of the state of the art. Worldwide novelty required.

Novelty grace period: the Latvian Patent Office does not provide a general novelty grace period. Specific grace period applies if the invention has been made public not earlier than six months prior to the patent application filing date and if the communication to the public thereof is: (1) an abusive action against the applicant of the patent or against his legal predecessor; or (2) demonstration of the invention of the applicant or the legal predecessor thereof has taken place in an official international exhibition or international exhibition equivalent to it, which has been organized in accordance with the Convention on International Exhibitions in Paris signed on November 22, 1928 and last revised on November 30, 1972.

Exceptions to protection: discoveries, scientific theories, mathematical methods, design of products, schemes, rules and methods of games, intellectual and economic activities, computer programs, presentations of information.

Priority: Paris Convention applies. Filing the patent application in Latvia in relation to the same invention shall have the priority right within a time period of twelve months from the date of the first application.

Filing requirements for an application (to be sent to resident agent):
1. Specification, abstract and drawings (if any);
2. Priority document (if any);
3. Document on the deposit of the microorganism in an international depositary authority (if applicable).

Minimum requirements to obtain a filing date: such date shall be considered as the filing date of the patent application, the date on which the Patent Office has received at least the following: (1) a request to grant the patent; (2) information which permits to identify the applicant, and contact information; or (3) part of the application with a description of the invention or a reference to an earlier application.

Electronic filing: for national applications, not available. Electronic filing is available for filing a translation of claims for validation purposes of a European Patent in Latvia. Publication fee is reduced if the translation is filed electronically. Electronic filing is also available for filing PCT applications, which is hosted by WIPO.

Notes: as of January 1, 2016, no power of attorney is needed to file if an order is sent to a registered Latvian patent attorney. The formal documents (priority document, etc.) can be filed later, within a period of three months calculated from the filing date. Claiming and changing the priority and submitting the priority document can be made within a non-extendible term of sixteen months from the earliest priority date. The application shall be filed in Latvian. In case the application is filed in a language other than Latvian, the translation of the whole specification must be filed within a period of three months.

PCT applications: a national phase of an international patent application according to the PCT filed on or after March 1, 2007 cannot be directly entered into Latvia. The designation or election of Latvia according to PCT Art. 2 (viii) shall be regarded as request to obtain a European patent that acts in Latvia according to the EPC. Time limit for entering the regional phase under Chapters I and II: 31 months.

Validation of European patent: available, if the European patent application was filed on or after July 1, 2005 and Latvia was mentioned as the Designation State. Requirements: (a) the document required is the Decision to Grant; (b) appointment of a national representative is required, however, no power of attorney is required from January 1, 2016; (c) translation of the claims only, to be filed within a non-extendible term of three months after the date on which the mention of the grant of the European patent is published in the European Patent Bulletin; (d) the minimum time period for paying renewal fees due at validation is two months. Payment without surcharge is due on the validation deadline. In case the annuity due date falls in the month in which the validation is due the payment can be made without surcharge until the end of that month. London Agreement: Latvia has acceded to the London Agreement on the application of Art. 65 EPC on April 5, 2005. However, its entering into force in 2008 does not involve any changes in the present practice relating to European patents. The description is accepted in any of the EPO official languages.

Extension of European patent: the agreement between the EPO and Latvia on the extension of the effects of European patent applications and patents to Latvia entered into force on May 1, 1995 and remained in force until Latvia’s accession to the EPC on July 1, 2005. However, the European patents filed before that date in which Latvia is designated as the Extension State can be validated by filing the translation of claims, as previously. Documents required: the Decision to Grant.

Provisional protection: conferred by virtue of a publication of the European patent application. Prescribed translation of the claims can be filed with the Patent Office for publication, also electronically. This provision relates only to European patent applications filed on or after July 1, 2005. In extension cases, the translation shall be submitted to a third person possibly using the invention, by the applicant himself.

Examination: a formal preliminary examination is carried out, followed by its acceptance and publication “A” of respective announcement. It is possible to make a request for accelerated publication “A” and examination. There is no official fee payable.

Amendment of application and corrections: under own initiative of an applicant can be made once, until the date the mention of the grant of the patent is published in the Official Gazette, without changing the essence of the invention and without broadening the scope of the claims.

Appeals: can be filed by the applicant before the Board of Appeal.

Examination as to patentability: none.

Opposition to application: none.

Divisions: the last date for filling a division is before issuance of the grant decision.

Secrecy: if an invention affects the interests of State defense, the Ministry of Defense may assign to it a status of a secret invention. An examination of a patent application relating to such invention is carried out without publication of the application and a patent granted. The application and the patent are published upon cancellation of the secrecy status.

After the publication “A”, an interim legal protection shall be given to an invention. If the application is rejected later on, this interim protection is declared void.

Granting: after the publication “A”, the application is examined concerning the object (patentable or not) and the unity of the invention. Clarity and completeness of the description and substation of the claims in the description are also examined. If the results are positive, a decision on the grant is made and the invention is entered in the State Register and the bibliographical data of the patent as well as the independent claims are published (publication “B”).

Opposition to a granted patent: none.

Delivery of document: a registration certificate is issued in digital format. It is possible to request a paper certificate with payment of an additional fee.

Duration: twenty years. Note: for registered European patents, twenty years are counted from Latvian filing date.

Extension: an extension of duration of up to five years is available for pharmaceuticals and plant protection products (SPC). 

Paediatric extension: possible. 

Annuities: have to be paid yearly, starting with the year following the year of the patent grant, or with the third year, if the patent is granted on the first or second year of an application. Annuities are payable at the end of the concerned month. Grace period: six months upon payment of a late fee.

Limitation of the scope of the patent: a patent owner can file a request with the Patent Office to limit the scope of national or validated European patent by changing claims, description or drawings. However, such request cannot be filed during court proceedings on invalidation of the patent. 

Working: if a patent is not worked in Latvia within four years from the granting date, a compulsory license may be granted by court, if a patented object is of vital importance to the welfare of residents of Latvia, or for the interests of economy or national security of Latvia.

Marking – Text of marking: not compulsory, no recommended form.

Assignment: in order to have legal effect, it must be registered in the Patent Office.

License: may be exclusive, non-exclusive and of right. The contract must be registered in the Patent Office.

Change of name or address: must be registered. A corresponding extract from a business registry in PDF format is sufficient, legalization/notarization is not necessary.

Rights of prior user: the patent has no effect against persons or legal entities which, at the time of application or before the priority date, where priority is claimed, have already used the invention or were making effective or serious preparations for such use. They can continue to use the invention without any compensation to the patent owner, provided that the scope of the use is not expanded.

Compulsory licenses: if within four years after the filing date of the application or within three years after the date when the notification regarding the grant of a patent was published, the patented invention has not been used or has been insufficiently used in the Republic of Latvia, any person may submit to the administrative court an application with a request to provide a permit (compulsory license) to use the patented invention in conformity with this Law and court judgment. This provision shall not be applied if the proprietor of the patent proves to the court that there have been substantiated reasons for the failure to use or insufficient use of the invention. The compulsory license of the patented invention may be obtained if: (1) the patented subject or the product acquired with a patented method is of vital importance for ensuring of the welfare, protection or economic interests of Latvian citizens; or (2) an invention which is of a significant economic importance may not be used without the use of another earlier patented invention. The compulsory license shall be granted by the court if the submitter of the claim, within a reasonable time period, has made an effort to acquire, but has not acquired the license from the proprietor of the patent with acceptable commercial terms. If an emergency situation has been declared in the State, a compulsory license may be granted by the Cabinet. The holder of a compulsory license shall pay to the proprietor of the patent a compensation, the amount of which shall be determined by the court, observing the economic value of the license, the extent of use of an invention and other circumstances.

Invalidation: can be obtained on request of an interested party if the patent does not meet the prescription of the law. A patent may be declared invalid by court, according to civil procedures. The action regarding a patent invalidation may be brought throughout the whole period of validity of the patent. The patent shall also be declared invalid if at the moment of bringing an action or review of the action, the validity period of the patent has ended or the patent has been excluded from the Patent Register upon initiative of the proprietor thereof.

Infringement and penalties: if the inventorship of the inventor has been infringed or the rights of an inventor have been otherwise violated, the inventor has the right to apply to court in accordance with the norms of the Civil Law regarding personal infringement. After court proceedings, the infringer may have to reimburse the damage caused and pay a compensation, determined in accordance with the Civil Law. The profit gained illegally in using the patent unlawfully may be taken into account. Articles produced by the infringer may be seized. An action against the infringer may be brought within three years from the date the aggrieved party has discovered, or should have discovered, the fact of the infringement.

Enforcement: civil, administrative and criminal procedures are available for enforcing patent rights against infringer if intentional disclosure of invention was committed. No special courts for patent cases are available. An application for the customs protection for patents may be filed within the EU.

A request for an SPC shall be filed according to the European Council Regulations (EEC) No. 469/2009 of May 6, 2009 (human and veterinary products), or No. 1610/96 of July 23, 1996 (plant protection products), which have been in force in Latvia since May 1, 2004.

Filing requirements for application (to be sent to resident agent):
1. Name and address of applicant;
2. Name of product;
3. Copy of the first marketing authorization in Latvia (for all formulations and dosages);
4. Copy of the first marketing authorization in the EU/EEA, if any, or copy of the publication mentioning such authorization, in which the product is identified;
5. Copy of the Summary of the Product Characteristics (SPC) according to:
– Art. 4a of Directive 65/65/EEC (human products), or
– Art. 5a of Directive 81/851/EEC (veterinary products), or
– Directive 91/414/EEC, Annex II, Part A.1 (points 1-7) or Part B.1 (points 1-7) (plant protection products), preferably as submitted to Latvian authorities.

Notes: as of January 1, 2016, no power of attorney is needed to file if an order is sent to a registered Latvian patent attorney. EMA marketing authorizations are in force in Latvia and are useful for seeking SPCs. The extension of the duration of SPC validity for period of time of six months may be requested according to Regulation No. 1901/2006 of the European Parliament and of the Council.

The provisions of the Directive 98/44/EC of the European Parliament and of the Council of July 6, 1998 on the legal protection of biotechnological inventions are completely introduced in the Patent Law by virtue of the amendments being in force since December 8, 2005.