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Comments on the questionnaire regarding implementation of the PLT

Patent Office of the Republic of Latvia

  • Q1  Filing Date
  • Q2  Representation
  • Q3  Forms and Means of Communications
  • Q4  Relief in Respect of Time Limits
  • Q5  Reinstatement of Rights
  • Q6  Restoration of Priority Rights Where the Filing of the Subsequent Application was Delayed
  • Q7  Restoration of Priority Rights Where the Filing of a Copy of the Earlier Application was Delayed
  • Q8  Request for Recordation of Change in Name or Address
  • Q9  Request for Recordation of Change in Applicant or Owner
  • Q10  Request for Recordation of a License or a Security Interest
  • Q11   Request for Correction of a Mistake

 

Q1: Filing date  

Q1-1    For the purpose of obtaining a filing date, an applicant may file an application on paper or “as otherwise permitted by the Office”.  If your Office accepts applications filed in a form or by a means other than on paper, for the purpose of the filing date (for example, on-line filing), please provide a brief explanation regarding the acceptable form or means, and describe whether such form or means, for the purpose of the filing date, are different from the form or means applicable to applications accepted by your Office for the purpose of processing the application after according the filing date.
[Reference:  PLT Article 5(1)(a)]

A1-1     Applications may be filed only on paper.  For obtaining a filing date, an application may be filed by telefacsimile with provision of confirmation copy on paper within two (2) weeks.

 

Q1-2    Does your Office accept a drawing as the element referred to as “a part which on the face of it appears to be a description” in PLT Article 5(1)(a)(iii)?
[Reference:  PLT Article 5(1)(b)]

A1-2      Yes 

 

Q1-3    For the purpose of according the filing date, a Contracting Party may require information allowing the identity of the applicant to be established or information allowing the applicant to be contacted by the Office, or the both.  What is the requirement of your country?

(a)  Information allowing the identity of the applicant to be established
(b)  Information allowing the applicant to be contacted by the Office
(c)  Both information allowing the identity of the applicant to be established and information allowing the applicant to be contacted by the Office.

[Reference:  PLT Article 5(1)(c)]

A1-3      Both information allowing the identity of the applicant to be established and information allowing the applicant to be contacted by the Office 

 

Q1-4    Does your Office accept evidence allowing the identity of the applicant to be established or allowing the applicant to be contacted by the Office as the element referred to in PLT Article 5(1)(a)(ii) (“indications allowing the identity of the applicant to be established or allowing the applicant to be contacted by the Office”)?
[Reference:  PLT Article 5(1)(c)]

A1-4      Yes 

 

Q1-5    For the filing date to be determined under PLT Article 5(6)(b), which of the optional elements referred to in PLT Rule 2(4) are required by your Office?

(a) A copy of the earlier application
(b) A copy of the earlier application and its filing date, certified as correct
(c) A translation of the earlier application
(d) The missing part of the description or missing drawing must be completely contained in the earlier application
(e) The application must contain an indication that the contents of the earlier application were incorporated by reference
(f) An indication as to where the missing part of the description or the missing drawing is contained in the earlier application or in the translation.

[Reference:  PLT Rule 2(4)]

A1-5      -    A copy of the earlier application
               -    A translation of the earlier application
               -    The missing part of the description or missing drawing must be completely contained in the earlier application 
               -   The application must contain an indication that the contents of the earlier application were incorporated by reference

 

Q1-6    For a reference to a previously filed application to replace the description and any drawing for the purpose of the filing date under PLT Article 5(7), which of the requirements referred to in PLT Rule 2(5) are required by your Office?

(a) The reference to a previously filed application must indicate the filing date of the previously filed application
(b) A copy of the previously filed application
(c) A copy of the previously filed application, certified as correct
(d) A translation of the previously filed application
(e)  The reference mentioned in PLT Article 5(7)(a) shall be to a previously filed application that has been filed by the applicant or his predecessor or successor in title

[Reference:  PLT Rule 2(5)]

A1-6      -    The reference to a previously filed application must indicate the filing date of the previously filed application
               -    A copy of the previously filed application
               -    A translation of the previously filed application
              

 

Q2: Representation 

Q2-1    In addition to the procedures referred to in PLT Article 7(2)(a) and (b), are there any procedures before the Office that an applicant, owner or other interested person may carry out himself without, for example, a local representative?  If yes, please list those procedures.
[Reference:  PLT Article 7(2)]

A2-1      To file an application

 

Q2-2    Where a single power of attorney relating to more than one application or patent of the same person is filed, does your Office require that a separate copy of the single power of attorney be filed for each application and patent?
[Reference:  PLT Rule 7(2)(b)]

A2-2      Yes

 

Q3: Form and Means of Communications 

Q3-1    Does your Office permit the filing of communications by telegraph, teleprinter, telefacsimile or other similar means of transmittal?  If yes, does your Office require that the original of such communication, accompanied by a letter identifying the earlier transmission, be filed on paper?

(a) The filing of communications by telegraph, teleprinter, telefacsimile, etc. is not permitted
(b) The filing of communications by telegraph, teleprinter, telefacsimile, etc. is permitted, and the original of the communications by telegraph, teleprinter, telefacsimile, etc. is required
(c)  The filing of communications by telegraph, teleprinter, telefacsimile, etc. is permitted, and the original of the communications by telegraph, teleprinter, telefacsimile, etc. is not required

[Reference:  PLT Rule 8(2)(c)]

A3-1      The filing of communications by telegraph, teleprinter, telefacsimile etc. is permitted, and the original of the communications by telegraph, teleprinter, telefacsimile etc. is required

 

Q4: Relief in Respect of Time Limits 

4-1    Which form of relief in respect of time limits does your Office provide?
[Reference:  PLT Article 11(1), (2) and (4)]

 A4-1      Extension of time limits requested prior to the expiration of the time limit
                        Period of extension:  three (3) months
                        Amount of fee:  LVL 20.00

               Continued processing
                        Time limit to file a request for continued processing:  not later than two (2) months after the notification of
                                  the Patent Office regarding non-observance of the time periods or the notification regarding the
                                  loss of rights has been received.
                        Time limit to comply with the unfulfilled requirement:  the activities provided for in the non-observed time
                                  period have been carried out and the State fee for the continuance of the processing has been
                                  paid at the same time as filing of request for continued processing.
                        Amount of fee:   LVL 30.00

 

Q4-2    Which actions are excluded from the relief as described in A4-1?
[Reference:  PLT Article 11(3) and Rule 12(5)]

A4-2      The continuance of the processing may not be requested for filing a request for continued processing, for the filing appeals and oppositions, for the annual payment of the State fee, for filing a translation of the European patent claims in Latvian or regarding a request for renewal of rights or regarding the change or addition of priority, or regarding the re-establishment of priority rights.

 

Q5: Reinstatement of Rights 

Q5-1 Under which circumstance does your Office reinstate the rights of the applicant or owner as referred to in PLT Article 12?  In addition, please provide a brief explanation of the applicable standard.
[Reference:  PLT Article 12(1)]

A5-1      -    Failure to comply with the time limit occurred in spite of due care required by the circumstances having been taken

The provision says:  "reasons due to which the time periods have not been observed have proven to be true".

 

Q5-2 What is the time limit for making a request for reinstatement of rights?
[Reference:  PLT Rule 13(2)]

A5-2      The request regarding the re-establishment of rights shall be filed within a time period of two (2) months after the reason due to which the time period was not observed is eliminated, but not later than within a time period of one (1) year after the end of the specified time period.

 

Q5-3 Does your Office require a fee to be paid?  If yes, please indicate the amount.
[Reference:  PLT Article 12(3)]

A5-3      Yes                            Amount:  LVL 60.00

 

Q5-4    Which actions are excluded from the reinstatement of rights?
[Reference:  PLT Article 12(2) and Rule 13(3)]

 A5-4      The re-establishment of rights may not be requested if the time period has not been observed, which has been determined:
                (1)  for the filing of a request regarding the re-establishment of rights;
                (2)  for the payment of the State filing fee for the patent application;
                (3)  for the submission of the copy of the earlier application;
                (4)  for the submission of a request regarding the change or addition of priority;
                (5)  for the submission of an appeal;
                (6)  for the submission of an opposition;  and
                (7)  for the submission of a request regarding the continuance of the processing.

 

Q6: Restoration of Priority Rights Where the Filing of the Subsequent Application was Delayed 

Q6-1 Under which circumstance does your Office restore the right of priority where the subsequent application was not filed within the priority period?
[Reference:  PLT Article 13(2)]

A6-1    

 

Q6-2 In order to restore the right of priority, what is the time limit within which the subsequent application shall be filed?
[Reference:  PLT Rule 14(4)]

A6-2    

 

Q6-3 Does your Office require a fee to be paid?  If yes, please indicate the amount.
[Reference:  PLT Article 13(4)]

A6-3     

 

Q7: Restoration of Priority Rights Where the Filing of a Copy of the Earlier Application was Delayed 

Q7-1 In order to restore the right of priority where a copy of the earlier application was not filed within the time limit, does your Office require a declaration or other evidence in support of the request for restoration of priority rights?
[Reference:  PLT Article 13(3) and Rule 14(6)(b)]

A7-1      Yes 

 

Q7-2 Where the filing date of a copy of the earlier application was delayed (for example, a copy of the earlier application has not been filed within 16 months from the priority date), in order to enjoy restoration of priority right, what is the time limit within which such delayed copy of the earlier application shall be filed?
[Reference:  PLT Rule 14(6)(b)]

A7-2     The declaration of priority and a copy of the priority document may be filed or corrected within a time period of 16 months after the date of the earliest priority.

 

Q7-3 Does your Office require a fee to be paid?  If yes, please indicate the amount.
[Reference:  PLT Article 13(4)]

A7-3     

 

Q8: Request for Recordation of Change in Name or Address 

Q8-1    Where a single request for recordation of change in name or address relating to more than one application or patent of the same person is filed, does your Office require that a separate copy of the single request be filed for each application and/or patent?
[Reference:  PLT Rule 15(3)(b)]

A8-1      Yes

 

Q9: Request for Recordation of Change in Applicant or Owner 

Q9-1 Does your Office require the following elements to be contained in the request for recordation of change in applicant or owner?

(a) A statement that the information contained in the request is true and correct
(b) Information relating to any government interest

[Reference:  PLT Rule 16(1)(b)]

A9-1    N/A

 

Q9-2 Which documentation relating to the basis of the change is required by your Office under the following circumstances?
[Reference:  PLT Rule 16(2)(a) to (c)]

A9-2      The change results from a contract:  a document certifying the succession of rights
               The change results from a merger or from the reorganization or division of a legal entity:  a document certifying
                         the succession of rights
               The change results from any other ground (ex. by operation of law or a court decision):  the person, for the
                        benefit of which a court judgement is made, shall submit the copy thereof.

 

Q9-3 Where the change in applicant or owner is in the person of one or more but not all of several co-applicants or co-owners, does your Office require that evidence of the consent of the other co-applicants or co-owner to the change be provided to the Office?
[Reference:  Rule 16(2)(d)]

A9-3      Yes 

 

Q9-4    Where a single request for recordation of change in applicant or owner relating to more than one application or patent of the same person is filed, does your Office require that a separate copy of the single request be filed for each application and/or patent?
[Reference:  PLT Rule 16(5)]

A9-4      Yes 

 

Q10: Request for Recordation of a License or a Security Interest 

Q10-1  May a license or a security interest in respect of a patent application or a patent be recorded under the law of your country?
[Reference:  PLT Rule 17(1)]

A10-1    Recordation of a license                       Yes 
               Recordation of a security interest        Yes

 

If one or both of the answers is(are) “Yes”, please ploceed to Q10-2.  If both answers are “No”, please skip to Q11

Q10-2  Does your Office require the following elements to be contained in the request for recordation of a licence (or a security interest)?

(a) A statement that the information contained in the request is true and correct
(b) Information relating to any government interest by your country
(c) Information relating to the registration of the license (security interest)
(d) The date of the license (security interest) and its duration

[Reference:  PLT Rule 17(1)(b)]

A10-2    -   Information relating to the registration of the license (security interest)
               -  The date of the license (security interest) and its duration

 

Q10-3  Which documentation relating to the basis of the license (or security interest) is required by your Office under the following circumstances?
[Reference:  PLT Rule 17(2)]

A10-3    The license (security interest)  is a freely concluded agreement:  copy of the agreement
               The license (security interest) is not a freely concluded agreement (ex. operation of law or a court decision):  copy of the relevant document

 

Q10-4  Where the licence (or security interest) is a freely concluded agreement, does your Office require that any applicant, owner, exclusive licensee, co-applicant, co-owner or co-exclusive licensee who is not party to that agreement give his/her consent to the recordation of the agreement?
[Reference:  Rule 17(2)(d)]

A10-4    Consent of the co-applicant or co-owner of the patent is required

 

Q10-5  Where a single request for recordation of a license (or security interest) relating to more than one application or patent of the same person is filed, does your Office require that a separate copy of the single request be filed for each application and/or patent?
[Reference:  PLT Rule 17(5)]

A10-5    Yes

 

Q11: Request for Correction of a Mistake 

Q11-1  Does your Office prescribe the following requirements with respect to a request for correction of a mistake?

(a) The request shall be accompanied by a replacement part or a part incorporating the correction
(b) The request shall be subject to a declaration by the requesting party stating that the mistake was made in good faith
(c) The request shall be subject to a declaration by the requesting party stating that such request was made without undue delay following the discovery of the mistake
(d) The request shall be subject to a declaration by the requesting party stating that such request was made without intentional delay following the discovery of the mistake

[Reference:  PLT Rule 18(1)(b) to (d)]

A11-1    -    The request shall be accompanied by a replacement part or a part incorporating the correction
           

 

Q11-2  Where a single request for the correction of a mistake relating to more than one application or patent of the same person is filed, does your Office require that a separate copy of the single request be filed for each application and/or patent?
[Reference:  PLT Rule 18(3)]

 A11-2    Yes

 

[End of questionnaire]

May 2010