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Legislative Implementation of Flexibilities - Latvia

Title:Sections 34 and 37 of the Patent Law of 15/02/2007
Field of IP:Patents
Type of flexibility:Substantive examination
Summary table:PDF

Provisions of Law

Section 34. Examination of the Formal Requirements of a Patent Application

(1) When a filing date of the patent application has been allocated, the Patent Office shall examine whether the filed application conforms with the requirements of Section 6, Paragraph two, Section 28, Paragraphs five, six and seven, Section 29, Paragraph three, Section 30, Paragraph three and Section 32 of this Law. The examination shall be carried out within three months from the filing date of the application to the Patent Office. Within this time period, the Patent Office shall prepare an abstract for publication.

(2) If the patent application conforms with the specified requirements, the Patent Office shall inform the applicant regarding the completion of the examination of the formal requirements and the date of the publication of the application.

(3) If the patent application does not conform or conforms partly with the specified requirements, the Patent Office shall notify the applicant thereof, explaining the non conformity, and shall determine a time period of three months for the elimination of the deficiencies and for the expression of their considerations.

(4) If the applicant has not eliminated the deficiencies indicated by the Patent Office, the application shall be rejected. The applicant shall be notified in writing thereof.

Section 37. Substantive Examination of the Patent Application

(1) The Patent Office shall examine whether the patent application conforms with the requirements of Section 8, Paragraph two, Section 9 and 10, Section 30, Paragraphs one and two and Section 36 of this Law. The Patent Office shall not carry out the patentability examination of an invention during the process of the substantive examination of a patent in conformity with the requirements of Sections 5 and 7 and Section 8, Paragraph one of this Law.

(2) If the applicant has not fulfilled the requirements of Section 31 of this Law regarding the unity of invention, the further record-keeping related to the patent application shall be maintained only in relation to the first claim of the application, unless the applicant, responding to the notification of the Patent Office regarding the non-observance of the requirements of the referred to Section, has informed the Patent Office regarding the division of the application or has requested to examine only those claims which relate to the invention or group of inventions and conform with the requirements regarding the unity of invention. The procedures for the filing of the divisional patent application shall be determined by the Cabinet.

(3) If the patent application does not conform or partially conforms with the requirements of this Section, the Patent Office shall notify the applicant thereof, explaining the non-conformity, and shall determine a time period of three months for the elimination of the specified deficiencies.

(4) If the applicant has not eliminated the deficiencies specified by the Patent Office, the Patent Office shall take the decision regarding the rejection of the application. It shall be notified to the applicant in writing.

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