Legislative Implementation of Flexibilities - Latvia

Title:	Sections 1 (13) and 14) and 10 (1) 2) and 3) and (2) of the Patent Law of 15/02/2007
Field of IP:	Patents
Type of flexibility:	Exclusion from patentability of plants
Summary table:

Provisions of Law

Section 1. Terms used in this Law

The following terms are used in this Law:

13) microbiological method – a method in which microbiological material is involved or in the result of which it appears or which has been carried out with biological material; and

14) biological method – a plant or animal production method which consists entirely of natural phenomena, such as crossing or selection.

Section 10. Biotechnological Inventions

(1) A patent shall be granted to biotechnological inventions, which:

2) pertain to plants or animals, if the technical feasibility of the invention does not confine itself to a particular plant or animal variety; and

3) pertain to microbiological or other technical method, or to the product obtained by means of such method, if it is not a plant or animal variety.

(2) A patent shall not be granted to plant or animal varieties or basically biological methods for the production of plant or animal varieties.