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Legislative Implementation of Flexibilities - Latvia

Title:Sections 27 (1) 2), 28 (7), 30 (1) and (2) and 37 (1), (3) and (4) of the Patent Law of 15/02/2007
Field of IP:Patents
Type of flexibility:Disclosure related flexibilities
Summary table:PDF

Provisions of Law

Section 27. Patent Application

(1) The patent application shall include:

2) a description of the invention;

Section 28. Submission of the Patent Application and Filing Date

(7) If the invention provides for the use of such biological material, which is not publicly available and which cannot be described in the application, so that it might be implemented by a person skilled in the art, a statement regarding the deposition of the biological material in an internationally recognized depository shall be filed together with the application in accordance with the Budapest Treaty of 28 April 1977 on the international recognition of the deposit of micro-organisms for the purposes of patent procedure. If the biological material, which has been deposited, is no longer available at the internationally recognised depository, it shall be permitted to deposit the material once again with the same conditions that have been included in the contract referred to in this Paragraph. The procedures according to which the biological material is available shall be determined by the Cabinet.

Section 30. Description, Claims and Abstract of the Invention

(1) The description of the invention shall disclose the invention in a manner sufficiently clear and complete so that a person skilled in the art would be able to carry out this invention. The invention shall not be in conflict with the scientifically attested laws of nature.

(2) The claims shall define the subject to which the patent protection is sought, and the extent of the protection conferred by patent, using the technical features of the invention. The claims shall be clear and concise and substantiated in the description.

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.

(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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