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Legislative Implementation of Flexibilities - Latvia

Title:Sections 9 (1) and (2.1) and 10 of the Patent Law of 15/02/2007
Field of IP:Patents
Type of flexibility:Patentability of substances existing in nature
Summary table:PDF

Provisions of Law

Section 9 - Subject-matter of an Invention and Non-patentable Subject-matter

(1) The subject-matter of an invention may be a device, method, substance, composition of substances, or biological material.

(2) Within the meaning of this Law, the following shall not be considered as inventions:

1) discoveries, scientific theories and mathematical methods;

Section 10 - Biotechnological Inventions

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

1) contain biological material, which is isolated from its natural environment or produced by means of a technical method, even if it previously occurred in nature;

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.

(3) In accordance with Section 9, Paragraph four of this Law, a patent shall not be granted to biotechnological inventions that pertain to:

1) human cloning;

2) modification of the genetic identity of human beings in germ cells;

3) use of human embryos for industrial or commercial purposes; and

4) methods for modifying the genetic identity of animals, which are likely to cause them suffering without any substantial medical benefit to people or animals, as well as animals resulting from such methods.

(4) A human body in different stages of formation and development and the simple discovery of one of its elements, including the sequence or partial sequence of a gene, cannot be patented.

(5) An element, which has been isolated from the human body or produced otherwise with a technical method, including the sequence or partial sequence of a gene, may be patented, even if the structure of this element is identical to the natural element.

(6) The industrial application of the sequence or partial sequence of a gene must be disclosed in the patent application.

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