Agreement Implementing Article 3(3) Of The Cooperation Agreement Between The Government Of The Republic Of Latvia And The European Patent Organisation Of 25 January 1994

The Government of the Republic of Latvia ("Latvia"), represented by Zigrids Aumeisters, Director of the Patent Office of the Republic of Latvia

and

the European Patent Organisation ("the Organisation"), represented by Dr.h.c. Paul Braendli, President of the European Patent Office ("EPO")

having regard

to the Convention on the Grant of European Patents of 5 October 1973 ("European Patent Convention") and, in particular, Article 33(4) thereof,

to Latvia's Patent Law ("LPL") of 2 March 1993,

taking into account

that Latvia will provide for a system enabling the effects of European patents to be extended to its territory in accordance with the provisions attached to this Agreement,

noting

Latvia's request for administrative support by the EPO in implementing such a system,

have agreed as follows:

Article 1

Processing of requests for extension

(1) The EPO shall accept and process requests for extension of European patents to Latvia and shall communicate to the Latvian Patent Office ("the Latvian Office") any useful information regarding the filing of such requests and any proceedings relating to the European patent applications and patents concerned, particularly with respect to

(a) the filing and withdrawal of such requests;

(b) the publication, withdrawal or refusal of European patent applications;

(c) the grant of European patents;

(d) the filing of an opposition to a European patent and the outcome of the opposition procedure.

(2) Within the scope of its capabilities, the EPO shall on request give assistance to the Latvian Office by communication any other useful information.

Article 2

Information concerning extended

European patents

The Latvian Office shall inform the EPO of the legal status of any extended European patent and, in particular, of its lapse, surrender or revocation, e.g. because the prescribed translation has not been filed or a renewal fee has not been paid or the patent has been revoked on the grounds of its non-compliance with the substantive provisions of the LPL.

Article 3

Financial matters

(1) The EPO shall collect the extension fee prescribed by Latvia and keep a proportion thereof to cover the costs incurred by carrying out its tasks under this Agreement.

(2) The amount of the extension fee and the proportion thereof to be kept by the EPO shall be fixed by the President of the EPO and the Director of the Latvian Office, taking account of Latvia's declared intention to use part of the extension fees to promote innovation and industrial property in its country.

Article 4

Application of the Cooperation Agreement

(1) Articles 4, 6 and 7 of the Cooperation Agreement shall apply.

(2) If this Agreement is terminated, it shall continue to apply to any European patent application in respect of which a request for extension has been filed prior to its termination, and to any European patent granted thereon.

Article 5

Entry into force

The date on which this Agreement enters into force shall be determined by an exchange of notes between Latvia's Minister for Foreign Affairs and the President of the EPO, following, the enactment by Latvia of provisions in accordance with those attached to this Agreement.

 

Attachment

Provisions Governing

The Extension Of European

Patents To Latvia

Article 1

Extension of the effects of European patents

(1) A European patent application and a European patent extending to Latvia shall, subject to the following provisions, have the effect of and be subject to the same conditions as a national patent application and a national patent under the LPL.

(2) For the purposes of these provisions,

(a) "European patent application" means an application for a European patent filed under the European Patent Convention, as well as an international application filed under the Patent Cooperation Treaty for which the EPO acts as designated or elected Office and in which Latvia is designated;

(b) "extended European patent" means a European patent granted by the EPO on a European patent application in respect of which extension to Latvia has been requested;

(c) "national patent application" means a patent application filed under the LPL with the patent Office ("the Office");

(d) "national patent" means a patent granted on a national patent application.

Article 2

Request for extension

(1) A European patent application and a European patent granted on such application shall be extended to Latvia at the request of the applicant. The request for extension shall be deemed to be filed with any European patent application filed on or after the date on which the Agreement implementing Article 3(3) of the Cooperation Agreement between the Government of the Republic of Latvia and the European Patent Organisation of 25 January 1994 enters into force. Any request for extension shall be published by the Office as soon as possible after it has been transmitted by the EPO but not before the expiry of 18 months from the filing date or, if priority has been claimed, the earliest priority date.

(2) The request for extension may be withdraw at any time. It shall be deemed withdrawn where the prescribed extension fee has not been paid in time or where the European patent application has been finally refused, withdraw or deemed withdraw. The Office shall publish this as soon as possible if the request for extension has already been published.

Article 3

Extension fee

(1) The extension fee under Article 2(2) shall be paid to the EPO within the applicable time-limits provided under the EPC for the payment of the designation fee.

(2) The extension fee may still be validly paid within the period of grace specified in Rule 85a(2) EPC, provided that a surcharge of 50% is paid within this period.

(3) For the payment of extension fees the EPO Rules relating to Fees shall apply mutatis mutandis . Extension fees validly paid shall not be refunded.

Article 4

Effects of European patent applications

(1) A European patent application which has been accorded a filing date shall be equivalent to a regular national application, where appropriate with the priority claimed for the European patent application, whatever its outcome may be.

(2) A published European patent application shall provisionally confer the protection conferred by Articles 31(5) to (7) LPL as from the date on which a translation of the claims of the published European patent application into the Latvian language has been communicated by the application to the person using the invention in Latvia.

(3) The European patent application shall be deemed not to have had ab initio the effects referred to in paragraph (2) where the request for extension has been withdraw or is deemed withdrawn.

Article 5

Effects of European patents

(1) An extended European patent shall, subject to paragraphs (2) to (6), confer from the date of publication of the mention of its grant by the EPO the same rights as would be conferred by a national patent under Article 30 to 35 LPL.

(2) Within three months from the date on which the mention of the grant of the European patent has been published, the owner of the patent shall furnish to the Office a translation of the claims of the European patent into the Latvian language and shall pay the prescribed fee for publication.

(3) If, as a result of an opposition filed with the EPO, the European patent is maintained with amended claims, the owner of the patent shall, within three months from the date on which the decision to maintain the European patent as amended was published, furnish to the Office a translation of the amended claims into the Latvian language and pay the prescribed fee for publication.

(4) The Office shall publish any translation duly filed under paragraph (2) or (3).

(5) If the translation specified in paragraph (2) or (3) is not filed in due time or the prescribed fee is not paid in due time, the extended European patent shall be deemed to be void ab initio .

(6) An extended European patent and the European patent application on which it is based shall be deemed not to have had ab initio the effects specified in paragraph (1) and Article 4(2) to the extent that the patent has been revoked in opposition proceedings before the EPO.

Article 6

Authentic text of European patent applications or European patents

(1) The text of a European patent application or a European patent in the language of the proceedings before the EPO shall be the authentic text in any proceedings in Latvia.

(2) However, the translation as provided for under Articles 4 and 5 shall be regarded as authentic, expect in revocation proceedings, where the application or patent in the language of the translation confers protection which is narrower than that conferred by it in the language of the proceedings.

(3) The applicant or owner of the patent may file a corrected translation of the claims of the European patent application or European patent. The corrected translation shall not have any legal effects until it has been published by the Office. Any person who, in good faith, uses or has made effective and serious preparations for using an invention, the use of which would not constitute infringement of the application or patent in the original translation may, after the corrected translation takes effect, continue such use in the course of his business or for the needs thereof without payment.

Article 7

Rights of earlier date

(1) A European patent application for which the extension fee has been paid and an extended European patent shall have with regard to a national patent application and a national patent the same prior art effect as a national patent application and a national patent under Article 1(2) and Article 1(3) LPL.

(2) A national patent application and a national patent shall have with regard to an extended European patent the same prior art effect as they have with regard to a national patent under Article 1(2) and Article 1(3) LPL.

Article 8

Simultaneous protection

Where an extended European patent and a national patent having the same filing date or, where priority has been claimed, the same priority date have been granted to the same person or his successor in title, the national patent shall have no effect to the extent that it covers the same invention as the extended European patent as from the date on which the time limit for filing an opposition to the European patent has expired without an opposition having been filed or as from the date on which the opposition procedure has resulted in a final decision maintaining the European patent.

Article 9

Renewal fees for extended European patents

Renewal fees for an extended European patent shall be paid to the Office for the years following the year in which the mention of the grant of the European patent was published.

Article 10

Applicability of the EPC

The provisions of the EPC and its Implementing Regulations shall not apply unless otherwise provided in these provisions.