Legislative Implementation of Flexibilities - Lithuania

Title:	Articles 11 §1 2), 13, 19, and 45 2) of the Patent Law No. I-372 of 18/01/1994 as last amended by Law No. X-1119 of 10/05/2007
Field of IP:	Patents
Type of flexibility:	Disclosure related flexibilities
Summary table:

Provisions of Law

Article 11

A Patent Application

A patent application shall contain:

2) a description of the invention;

Article 13

Disclosure

A specification must disclose the invention in such full and clear terms as to enable any person skilled in the art to which it pertains to use the invention.

Where a patent application is filed for an invention involving the use of or concerning biological material which is not available to the public and which cannot be described in such a manner as to enable the invention to be reproduced by a person skilled in the art, the description of the invention shall be considered inadequate. This provision shall not apply, if the biological material has been deposited no later than the date on which the patent application was filed with a depositary institution.

Article 19

Examination

The State Patent Bureau shall make an examination of a patent application and establish whether the application complies with the requirements provided for in paragraphs 2 and 3 of Article 2, in Article 11, paragraphs 2 and 3 of Article 13, as well as in Articles 14 and 18.

After having found that the application does not meet the requirements of the Articles set out in paragraph 1 of this Article, the State Patent Bureau shall invite the applicant to meet such requirements within a period prescribed by the State Patent Bureau. If the applicant fails to do so, the application shall be deemed to be withdrawn.

After having determined that an invention is unpatentable on the grounds laid down in paragraphs 2, 3 and (or) 4 of Article 2 of this Law, the State Patent Bureau shall make a decision to refuse granting a patent.

Article 45

Invalidation

On the request of any persons concerned the court may invalidate a patent, in whole or in part, on one of the following grounds:

2) the patent does not disclose the invention in a manner sufficiently clear and complete for it to be carried out by a person skilled in the art;