Legislative Implementation of Flexibilities - Lithuania

Title:	Article 21 and 24 §3 of the Law on Patents of 18/01/1994, No. I-372, as last amended on 10/05/2007 by Law No. X-1119
Field of IP:	Patents
Type of flexibility:	Security exceptions
Summary table:

Provisions of Law

Article 21. Publication of Patent Application

The State Patent Bureau shall publish the patent application as filed by the applicant within 18 months from its filing date, or if priority is claimed, from its priority date. In the event that the applicant files a written request with the State Patent Bureau to have his patent application published earlier, the State Patent Bureau proceeds accordingly, but no earlier than six months after the filing date of the application.

A patent application shall not be published if, within 17 months from its filing or priority date, it has been withdrawn, deemed to be withdrawn or an invention has been made secret in the manner prescribed by legal acts.

Temporary legal protection shall be provided to a published patent application from the date of its publication until the date of patent grant.

If the published patent application is later withdrawn or disputed by another person, it shall be considered that the application has not been provided with the temporary legal protection provided for in paragraph 3 of this Article.

After an invention has been made secret in the manner and on the grounds laid down by legal acts, the inventor shall be paid compensation according to the agreement made between the entity of state secrets and the inventor.

After an invention has been declassified in the manner and on the grounds laid down by legal acts, the data of such invention shall be published in the Official Bulletin of the State Patent Bureau.

Article 24. Inspection of Patent Applications Files

Access to an invention which has been made secret shall be provided in the manner prescribed by legal acts.