- CHAPTER I. GENERAL
- SECTION I. SCOPE
- SECTION II. DEFINITIONS
- CHAPTER II. FILING OF A EUROPOEAN PATENT APPLICATION WITH THE STATE PATENT BUREAU
- SECTION III. GENERAL
- SECTION IV. AUTHORISATION OF A REPRESENTATIVE
- SECTION V. FILING OF AN APPLICATION
- SECTION VI. LANGUAGE OF THE APPLICATION
- SECTION VII. DATE OF RECEIPT OF THE APPLICATION
- SECTION VIII. RECEIPT OF APPLICATION DOCUMENTS FILED SUBSEQUENTLY
- SECTION IX. FORWARDING OF APPLICATIONS TO THE EUROPEAN PATENT OFFICE
- SECTION X. EFFECTS OF A EUROPEAN PATENT APPLICATION
- SECTION XI. CONFERMENT OF PROVISIONAL LEGAL PROTECTION
- CHAPTER III. EFFECTS OF THE EUROPEAN PATENT
- SECTION XII. RIGHTS CONFERRED BY A EUROPEAN PATENT
- SECTION XIII. FILING OF A TRANSLATION OF THE CLAIMS IN A EUROPEAN PATENT
- SECTION XIV. REVOCATION OF A EUROPEAN PATENT
- SECTION XV. MAINTENANCE OF RECORDS OF EUROPEAN PATENTS HAVING EFFECT IN THE REPUBLIC OF LITHUANIA
- SECTION XVI. PAYMENT OF RENEWAL AND OTHER FEES FOR EUROPEAN PATENTS
- SECTION XVII. CONVERSION OF A EUROPEAN PATENT APPLICATION TO A NATIONAL APPLICATION
- SECTION XVIII. TRANSMITTAL OF A EURO-PCT APPLICATION
DIRECTOR OF THE STATE PATENT BUREAU OF THE REPUBLIC OF LITHUANIA
O R D E R
CONCERNING THE APPROVAL OF THE PROCEDURE FOR THE FILING OF EUROPEAN PATENT APPLICATIONS AND FOR THE EFFECTS OF EUROPEAN PATENTS IN THE REPUBLIC OF LITHUANIA
No 3R-29, 24 April 2006
Vilnius
Pursuant to the Republic of Lithuania Law on the Ratification of the Convention on the Grant of European Patents (European Patent Convention) (Valstybės žinios (Official Gazette) No 147-5324, 2004) and to Chapter X1 of the Republic of Lithuania Patent Law (Valstybės žinios (Official Gazette) No 8-120, 1994; No 85-3135, 2005), I hereby:
1. A p p r o v e the Procedure EP/01/2006 for the Filing of European Patent Applications and for the Effects of European Patents in the Republic of Lithuania and Forms EPC-1/2006 and EPC-2/2006 (as appended).
2. C h a r g e:
2.1. The Applications Receiving Division:
2.1.1. to receive European patent application documents and issue to applicants and other interested persons application forms EPC-1/2006 and EPC-2/2006;
2.1.2. to forward European patent applications to the European Patent Office and other Contracting States of the European Patent Convention in the manner prescribed by legal acts.
2.2. The Inventions Department:
2.2.1. to maintain records of European patents having effect in the Republic of Lithuania;
2.2.2. to publish translations into the Lithuanian language of the claims in European patent applications and of the claims in European patents, in the Official Bulletin of the State Patent Bureau.
2.3. The Department of Law and International Affairs to publish this Order in the Official Gazette “Valstybės žinios” and on the website of the State Patent Bureau.
2.4. The Deputy Director Rosita Daunorė to control implementation of this Order.
DIRECTOR RIMVYDAS NAUJOKAS
APPROVED by
Order No 3R-29 of the Director of the State Patent Bureau, of 24 April 2006
THE PROCEDURE EP/01/2006 FOR THE FILING OF EUROPEAN PATENT APPLICATIONS AND FOR THE EFFECTS OF EUROPEAN PATENTS IN THE REPUBLIC OF LITHUANIA
CHAPTER I. GENERAL
SECTION I. SCOPE
1. The Procedure for the Filing of European Patent Applications and for the Effects of European Patents in the Republic of Lithuania (hereinafter referred to as the Procedure) defines the procedure for the filing, either directly or by post, of European patent applications with the State Patent Bureau (SPB) of the Republic of Lithuania and for the effects of European patents in the Republic of Lithuania.
2. European patents shall have effect in the Republic of Lithuania as governed by the Convention on the Grant of European Patents and Chapter X1 of the Republic of Lithuania Patent Law (Valstybės žinios (Official Gazette) No 8-120, 1994; No 85-3135, 2005).
SECTION II. DEFINITIONS
3. The European Patent Convention (EPC) refers to the Convention on the Grant of European Patents (European Patent Convention) of 5 October 1973 as amended by the act revising Article 63 EPC of 17 December 1991 and by decisions of the Administrative Council of the European Patent Organization of 21 December 1978, 13 December 1994, 20 October 1995, 5 December 1996 and 10 December 1998, as well as the European Patent Convention revised on 29 November 2000 at Munich.
4. The European Patent Office is a central executive body of the European Patent Organization, implementing the provisions of the European Patent Convention and granting European patents.
5. Implementing Regulations refer to the rules adopted pursuant to the EPC, governing the procedure and requirements for the filing and examination of European patent applications and for the granting of European patents.
6. A European patent application is an application for the European patent filed by virtue of the European Patent Convention, also an international application filed by virtue of the Patent Cooperation Treaty done at Washington on 19 June 1970, for which the European Patent Office acts as a designated or elected office and in which the Republic of Lithuania is a designated country.
7. A national patent application is a patent application filed with the State Patent Bureau in the manner prescribed by the Patent Law.
8. A divisional application is a patent application divided from the initial application, which does not satisfy the requirement of the unity of invention but preserves the date of filing or, where priority is claimed, the priority date of the initial application.
9. A European patent is a patent granted pursuant to the EPC, the application for which designates the Republic of Lithuania.
10. A national patent is a patent granted pursuant to the Patent Law.
11. Earlier application is a patent application filed by virtue of the Paris Convention for the Protection of Industrial Property.
12. The proprietor of a European patent is a natural and/or legal person to whom a European patent has been granted.
13. A representative is a natural or legal person, a patent attorney whose name appears on the list of professional representatives maintained by the State Patent Bureau, an employee authorized in the manner prescribed by legal acts to represent the applicant or the proprietor of a European patent.
14. Signature is a signature of a natural person, or an authentic signature or a facsimile signature, certified by the seal of the legal person, of the senior manager of a legal person or other authorized person. A document issued in a foreign state must be signed in the manner prescribed by legal acts of the state in which the document has been issued.
15. INID stands for Internationally agreed Numbers for the Identification of Data.
16. Other terms used in this Procedure shall have the meanings attached to them in the European Patent Convention and its Implementing Regulations.
CHAPTER II. FILING OF A EUROPOEAN PATENT APPLICATION WITH THE STATE PATENT BUREAU
SECTION III. GENERAL
17. A European patent application shall be filed directly with the European Patent Office or the State Patent Bureau in any of the languages specified in paragraphs 1 and 2 of Article 14 of the European Patent Convention.
18. A European patent application may be filed with the SPB Applications Receiving Division either directly or by post. European patent applications filed by fax shall not be accepted and shall be sent back to the applicant.
19. A European patent application filed with the State Patent Bureau shall be deemed to have been filed with the European Patent Office on the same day.
20. Where the application is filed by the applicant’s representative whose name does not appear on the list of professional representatives for European patents, the application shall be filed together with an authorisation which shall satisfy the requirements laid down in Section IV of this Procedure.
SECTION IV. AUTHORISATION OF A REPRESENTATIVE
21. If the applicant has appointed and acts through a representative whose name does not appear on the list of professional representatives for European patents, such appointment shall be effected by an authorisation in the Form EPO 1003 or by a general authorisation in the Form EPO 1004.
22. If a representative is appointed by a free-form authorization to ensure that the European patent application confers provisional protection in accordance with Section XI of this Procedure or to perform actions provided for in Chapter III of this Procedure, the authorization shall contain the following information:
22.1. name and address of the authorising person, where the authorisation is given by a natural person;
22.2. full official name and address (seat) of the legal person;
22.3. full name and address (or seat) of the representative, where the authorisation is given by a legal person;
22.4. the application or patent number;
22.5. title of the invention.
23. The authorisation must be signed and must state the place and date of issuance.
24. Signature shall be subject to the requirements laid down in paragraph 14 of this Procedure. If the authorisation is signed by an employee or an authorised person, the authorisation must be accompanied by documents certifying their right to sign.
25. If the authorising person has appointed several representatives with the same powers, the State Patent Bureau shall communicate with one of the representatives appointed by the authorising person.
26. The authorisation shall be delivered to the State Patent Bureau together with the European patent application or with a request, done in a pre-defined form, to publish the translation of the claims in the European patent application or in the European patent.
27. If the authorisation is issued with respect to more than one European patent application, a corresponding number of copies of the authorisation shall be delivered.
SECTION V. FILING OF AN APPLICATION
28. A European patent application filed with the State Patent Bureau shall satisfy the requirements of Article 78 of the EPC and its Implementing Regulations. A European patent application shall contain:
28.1. a request for the grant of a European patent, done in the Form EPO 1001;
28.2. description of the invention;
28.3. one or more claims;
28.4. drawings referred to in the description;
28.5. abstract.
29. The request for the grant of a European patent shall be filed in four copies; other documents referred to in paragraphs 28.2 to 28.5 of this Procedure shall be filed in a single copy.
30. The application may be accompanied by the following documents:
30.1. authorisation done in the Form EPO 1003;
30.2. general authorisation done in the Form EPO 1004;
30.3. priority documents;
30.4. translations of the priority documents;
30.5. designation of the inventor, done in the Form EPO 1002;
30.6. earlier search report;
30.7. document certifying the payment of fees, done in the Form EPO 1010;
30.8. translation of the description of the invention and of the claims, in accordance with paragraph 2 of Article 14 of the EPC;
30.9. electronic data carrier with nucleotide and amino acid sequences, where applicable;
30.10. PACE request done in the Form EPO 1005;
30.11. other documents.
31. Instead of documents listed in paragraph 28 of this Procedure, a European patent application may contain the following documents:
31.1. informal request for the grant of a European patent;
31.2. designation of a Contracting State;
31.3. information identifying the applicant;
31.4. a description and one or more claims in one of the languages specified in paragraphs 1 or 2 of Article 14 of the EPC, even if the description and the claim(s) do not meet the requirements of the EPC.
32. The documents listed in paragraph 31 of this Procedure shall suffice for the European patent application to be given a filing date.
33. A new European patent application as provided for in subparagraph (b), paragraph 1, Article 61 of the EPC shall be filed in the same manner as a regular European patent application.
34. A European divisional application shall be filed directly with the European Patent Office at Munich, Hague or Berlin.
35. If a European divisional application is mistakenly filed with the State Patent Bureau, it must be immediately forwarded to the European Patent Office.
36. Pursuant to paragraph 3 of Article 591 of the Patent Law, a European patent application liable to state or official secrecy shall be filed with the State Patent Bureau only.
SECTION VI. LANGUAGE OF THE APPLICATION