Ley N° IX-352 de junio de 2001 sobre los Derechos de Registro de los Objetos de Propiedad Industrial, Lituania

Official translation

REPUBLIC OF LITHUANIA

LAW

ON FEES FOR THE REGISTRATION OF INDUSTRIAL PROPERTY OBJECTS

5 June 2001 No. IX-352

Vilnius

Article 1. Purpose of the Law

This Law shall establish the payment of fees for the registration of industrial property objects and issue of documents related thereto, as well as the extension of the term of validity of a patent for an invention, an industrial design, a trademark, and for the registration of a patent attorney with the State Patent Bureau of the Republic of Lithuania (hereinafter referred to as the State Patent Bureau).

Article 2. Main Definitions of this Law

1. “Industrial property object” means a patent for an invention, an industrial design, a topography of a semiconductor product, a trademark, a firm name.

2. “A patent attorney” means a natural person who is entered into the Register of Patent Attorneys of the Republic of Lithuania in the manner prescribed by the Regulations of Patent Attorneys, approved by the Government.

Article 3. Fee Payers

Fees for the registration of industrial property objects (hereinafter referred to as the fees) shall be paid by natural and legal persons for the registration of industrial property objects and issue of documents related thereto, as well as the extension of the term of validity of a patent for an invention, an industrial design, a trademark, and for the registration of a patent attorney with the State Patent Bureau.

Article 4. Subjects and Rates of the Fees

The fees shall be paid for the following:

1) the patenting of an invention and issue of documents related thereto, and the extension of the term of validity of a patent for an invention (Appendix 1);

2) the registration of an industrial design and issue of documents related thereto, and the extension of the term of validity of an industrial design (Appendix 2);

3) the registration of a topography of a semiconductor product and issue of documents related thereto (Appendix 3);

4) the registration of a trademark and issue of documents related thereto, and the extension of the term of validity of a trademark (Appendix 4);

5) the registration of a firm name and the issue of documents related thereto (Appendix 5);

6) the registration of a patent attorney (Appendix 6).

Article 5. Fee Reliefs

The amount of the fees for the filing of an application shall be reduced by 50 per cent for natural persons who patent inventions and register an industrial design in their names.

Article 6. Payment of the Fees

1. The fees for the patenting of an invention, registration of an industrial design, a topography of a semiconductor product, a trademark and a firm name, and the issue of the documents related thereto, as well as for the registration of a patent attorney shall be paid in Litas, in the amount fixed on the day of payment, before the registration of industrial property objects and issue of the documents related thereto, as well as the registration of a patent attorney with the State Patent Bureau.

2. The fees for the extension of the term of validity of a patent for an invention, an industrial design and a trademark shall be paid:

1) within two last months of a current year of the term of validity of a patent for an invention;

2) within six last months of the term of validity of an industrial design;

3) within the last year of the term of validity of a trademark.

3. The fees for the extension of the term of validity of a patent for an invention, an industrial design and a trademark may be paid after the expiry of the term of payment set in subparagraphs 1-3 of paragraph 2 of this Article, but not later than within six months.

4. The State Patent Bureau shall be responsible for the proper payment of the fees.

5. The fees shall be paid at a banking establishment in cash or by transferring the funds. Payment of the fees shall be confirmed by submitting to the State Patent Bureau a payment order with bank marking or a bank receipt.

Article 7. Fee Refund

1. Paid fees or a part thereof shall be refunded when:

1) the amount of the fees paid in excess of the amount prescribed by this Law;

2) the State Patent Bureau rejects an application, because it does not meet the requirements established in legal acts;

3) upon the payment of the fees, the registration of industrial property objects and issue of documents related thereto, the extension of the term of validity of a patent for an invention, an industrial design, a trademark, the registration of a patent attorney have not been requested.

2. The fees shall be refunded if a request to refund them is submitted to a local tax administrator within the time limit fixed by the Law on Tax Administration.

3. The fee overpayment shall be refunded to the payer by a local tax administrator in a manner laid down by the Law on Tax Administration, if a fee payer submits a motivated certificate issued by the State Patent Bureau, indicating the reasons for refunding the fees.

Article 8. Control of Fee Payment

1. Payment of the fees shall be controlled by a local tax administrator.

2. If in the course of an audit it is established that the fees have been underpaid or they have not been paid at all, an underpaid or whole sum shall, in a manner prescribed by the Law on Tax Administration, be entered into the State Budget from the State Patent Bureau, through the fault of which the fees have been underpaid or have not been paid at all.

Article 9. Entering of the Fees into the State Budget

Fees shall be entered into the State Budget.

Article 10. Coming into Force of the Law

This Law shall come into force on 1 July 2001.

I promulgate this Law passed by the Seimas of the Republic of Lithuania.

PRESIDENT OF THE REPUBLIC VALDAS ADAMKUS

Appendix 1 of

Law No. IX-352

passed by the Seimas of the Republic of Lithuania

on 5 June 2001

Amount (in Litas) of the Fees for the Patenting of an Invention and Issue of Documents Related thereto, and for the Extension of the Term of Validity of a Patent for an Invention

1. For filing of a patent application (hereinafter referred to as an application) - LTL 400

1.1. For each claim in excess of 10 – LTL 40

2. For earlier publication of a patent application (when requested by an applicant) – LTL 120

3. For filing of a translated copy of an international patent application - LTL 400

3.1. For each claim of an international patent application in excess of 10 – LTL 40

4. For publication of translation of a claim of an European patent – LTL 160

4.1. For each claim of an European patent in excess of 10 - LTL 40

5. For publication of translation of an amended claim of an European patent – LTL 120

6. For granting of a patent – LTL 240

7. For filing of an appeal – LTL 120

8. For recording of changes in the Register of Patents of the Republic of Lithuania – LTL 120

9. For issue of a certified copy of an application – LTL 80

10. For issue of an extract from the Register of Patents of the Republic of Lithuania – LTL 120

11. For registration of the change in ownership of a patent application or a patent – LTL 400

12. For registration of a licence (sublicence) agreement – LTL 240

13. Annual fees for the validity of a patent in:

13.1. the third year – LTL 280

13.2. the fourth year – LTL 320

13.3. the fifth year – LTL 400

13.4. the sixth year – LTL 480

13.5. the seventh year – LTL 560

13.6. the eighth year – LTL 640

13.7. the ninth year – LTL 720

13.8. the tenth year – LTL 800

13.9. the eleventh year – LTL 1000

13.10. the twelfth year – LTL 1000

13.11. the thirteenth year – LTL 1000

13.12. the fourteenth year – LTL 1000

13.13. the fifteenth year – LTL 1000

13.14. the sixteenth year – LTL 1200

13.15. the seventeenth year – LTL 1200

13.16. the eighteenth year – LTL 1200

13.17. the nineteenth year – LTL 1200

13.18. the twentieth year – LTL 1200

Note. An annual fee for extension of the term of validity of a patent for an invention, which is paid upon the expiry of the time limit fixed in subparagraph 1 of paragraph 2 of Article 6 of this Law, but not later than within 6 months, shall be increased by 50 per cent.

An annual fee for the validity of a patent the owner of which, in the manner prescribed by the Paten Law, files a statement that he agrees to allow any person to use the invention as a licensee shall be reduced by 50 per cent.

Appendix 2 of

Law No. IX-352

passed by the Seimas of the Republic of Lithuania

on 5 June 2001

Amount (in Litas) of the Fees for the Registration of an Industrial Design and Issue of Documents Related thereto, and for Extension of the Term of Validity of an Industrial Design

1. For filing an application to register an industrial design (hereinafter referred to as an application) – LTL 320

1.1. For each additional example of an industrial design – LTL 120

2. For the registration, publication and issue of a certificate – LTL 320

3. For extension of the term of validity for:

3.1. the second quinquennium – LTL 800

3.2. the third quinquennium – LTL 1200

3.3. the fourth quinquennium – LTL 1600

3.4. the fifth quinquennium – LTL 2000

4. For recording of a change in an application or the Industrial Design Register of the Republic of Lithuania – LTL 120

5. For filing of an appeal – LTL 120

6. For filing of an opposition – LTL 320

7. For the registration of an industrial design transfer agreement – LTL 400

8. For the registration of an industrial design licence or sublicence agreement – LTL 320

9. For issue of an extract from the Industrial Design Register of the Republic of Lithuania – LTL 120

10. For issue of a certified copy of an application – LTL 80

11. For issue of a copy of a certificate of registration – LTL 120

Note. Fees for extension of the term of validity of the registration of an industrial design, paid upon the expiry of the time limit set in subparagraph 2 of paragraph 2 of Article 6 of this Law, but not later than within 6 months, shall be increased by 50 per cent.

Appendix 3 of

Law No. IX-352

passed by the Seimas of the Republic of Lithuania

on 5 June 2001

Amounts (in Litas) of the Fees for the Registration of Topographies of Semiconductor Products and Issue of Documents Related thereto

For filing of an application to register a topography of semiconductor products – LTL 400

Appendix 4 of

Law No. IX-352

passed by the Seimas of the Republic of Lithuania

on 5 June 2001

Amounts (in Litas) of the Fees for the Registration of a Trademark and Issue of Documents Related thereto, and for Extension of the Term of Validity of a Trademark

1. For filing an application to register a trademark (hereinafter referred to as an application) – LTL 240

1.1. For more than one class of goods and (or) services specified in an application – LTL 120

2. For examination of an international application – LTL 200

2.1. For more than one class of goods and (or) services specified in an application, when filing an international application - LTL 100

3. For replacement of a national registration of a trademark by an international registration – LTL 240

4. For request to extend the time limit established by the Law of the Republic of Lithuania on Trademarks – LTL 80

5. For request to reinstate the unobserved time limit established by the Law of the Republic of Lithuania on Trademarks – LTL 120

6. For the registration, publication and issue of a certificate – LTL 240

7. For extension of the term of validity of a trademark – LTL 240

7.1. For more than one class of goods and (or) services when extending the term of validity of a trademark – LTL 120

8. For recording of a change in an application or the Register of Trademarks of the Republic of Lithuania – LTL 120

9. For filing of an appeal – LTL 120

10. For filing of an opposition – LTL 320

11. For the registration of an agreement regarding the transfer of the right to an applied for or registered trademark – LTL 400

12. For recording of the data of a licence (sublicence) agreement in the Register of Trademarks of the Republic of Lithuania – LTL 300

13. For issue of an extract from the Register of Trademarks of the Republic of Lithuania – LTL 120

14. For issue of a certified copy of an application – LTL 80

15. For issue of a copy of a certificate of registration – LTL 120

16. For getting access to the regulations governing the use of the collective mark – LTL 40

Note. Fees for extension of the term of validity of the registration of a trademark, paid upon the expiry of the time limit set in subparagraph 3 of paragraph 2 of Article 6 of this Law, but not later than within 6 months, shall be increased by 50 per cent.

Appendix 5 of

Law No. IX-352

passed by the Seimas of the Republic of Lithuania

on 5 June 2001

Amounts (in Litas) of the Fees for Registration of a Firm Name and Issue of Documents Related thereto

1. For filing of an application to register a firm name – LTL 70

2. For request to change data in the Register of Firm Names of the Republic of Lithuania – LTL 20

3. For issue of an extract from the Register of Firm Names of the Republic of Lithuania – LTL 10

4. For issue of a copy of a certificate of registration – LTL 30

Appendix 6 of

Law No. IX-352

passed by the Seimas of the Republic of Lithuania

on 5 June 2001

Amounts (in Litas) of the Fees for Registration of Patent Attorneys

1. For the registration of a patent attorney - LTL 200

2. For changes in the Register of Patent Attorneys of the Republic of Lithuania - LTL 120