WORLD TRADE ORGANIZATION
ORGANISATION MONDIALE DU COMMERCE
ORGANIZACIÓN MUNDIAL DEL COMERCIOIP/N/1/LTU/P/1
5 October 2001
(01-4817)
Council for Trade-Related Aspects of
Intellectual Property RightsOriginal:  English/
anglais/
inglés
MAIN DEDICATED INTELLECTUAL PROPERTY
LAWS AND REGULATIONS NOTIFIED UNDER
ARTICLE 63.2 OF THE AGREEMENT
LITHUANIA
The present document reproduces the text1 of the Patent Law (1994:I-372), as amended on
21 December 2000 (2000:IX-118), as notified by L ithuania under Article 63.2 of the Agreement (see
document IP/N/1/LTU/1).
Conseil des aspects des droits de propriétéintellectuelle qui touchent au commerce
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE
DE L'ARTICLE 63:2 DE L'ACCORD
LITUANIE
Le présent document contient le texte
1 de la Loi sur les brevets (1994:I-372), telle qu'elle a été
modifiée le 21 décembre 2000 (2000:IX-118), notifié par la Lituanie au titre de l'article 63:2 de
l'Accord (voir le document IP/N/1/LTU/1).
Consejo de los Aspectos de los Derechos de PropiedadIntelectual relacionados con el Comercio
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO
LITUANIA
En el presente documento se reproduce el texto
1 de la Ley de patentes Nº I-372 de 1994,
modificada el 21 de diciembre de 2000 por la Ley Nº IX-118, que Lituania ha notificado de
conformidad con lo dispuesto en el párrafo 2 del artículo 63 del Acuerdo (véase el documento
IP/N/1/LTU/1).
                                                     
1 In English only.  The text in the original language is available for consultation by interested
Delegations at the WTO Secretariat./En anglais seulemen t.  Les délégations intéressées peuvent consulter le
texte dans sa langue d'origine, au Secrétariat de l'OM C./En inglés solamente.  Las delegaciones interesadas
podrán consultar en la Secretaría de la OMC el texto en su idioma original.IP/N/1/LTU/P/1
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THE REPUBLIC OF LITHUANIA
PATENT LAW
18 January 1994 No. I-372
Vilnius
(as amended by 21 December 2000 No. IX-118 )
This Law shall legitimise inventions as objects of industrial property, regulate the rights and duties of
legal and natural persons with respect to inventions, provide legal protection thereof.
CHAPTER 1. PROTECTION OF INVENTIONS
Article 1. Form of Protection of Inventions
The form of protection of inventions shall be a patent granted by the State Patent Bureau in the
procedure established by this Law.
Article 2. Patentable Inventions
Inventions shall be patentable if they are new, involve an inventive step and are industrially
applicable.The following shall not be regarded as inventions:1) discoveries, scientific theories and mathematical methods;2) design of products;3) schemes, rules and methods of games, intellectual and economic activities, as well as programmesfor computers; and4) presentations of information.
Patents shall not be granted for the methods of treatment of people and animals, diagnostics and
prevention of diseases (with the exception of equipment and materials utilised for such methods),varieties of plants and animals as well as biol ogical (except microbiological) methods of their
production and also for the inventions which are deemed to be contrary to public interest, principles ofhumanity and morality.Where the object of invention is a method, patent protection shall also be granted with respect to aproduct made by such method.IP/N/1/LTU/P/1
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Article 3. Novelty of an Invention
An invention shall be considered new if it does not form part of the state of the art.
The state of the art shall consist of everything which, before the filing date of patent application orwhere priority is claimed, before the priority date, has been published or was in public use in the
Republic of Lithuania or abroad.
An invention shall not be considered new if although unknown from the state of the art it had beendescribed in an application for patent of a different applicant having an earlier filing date andpublished in the Official Bulletin of the State Patent Bureau later or on the same date, that the state ofthe art had been established.
Article 4. Inventive Step
An invention shall be considered to involve an inventive step, if it is not obvious to a person skilled in
the art to which it pertains.
Article 5. Industrial Applicability
An invention shall be considered industrially applicable if it can be made or used in industry,
agriculture, health protection and other spheres.
Article 6. Grace Period
Disclosure of information shall not effect the patentability of an invention if the information was
disclosed within 6 months preceding the filing date of a patent application and where the disclosure of
information has been made:
1) by the inventor himself or by his successor in title who before the filing date of the patentapplication had the right to the patent;2) by a person having an interest in making an abuse with respect to inventor or his successor in titleto their disadvantage; and3) where an inventor or his successor in title displayed his invention at an official or officiallyrecognised exhibition in accordance with the Conven tion on International Exhibitions signed at Paris
on 22 November 1928.An inventor or his successor in title willing to benefit from the grace period provided for in
paragraph 1 of this Article, shall have the burden of proving that he has the right to the grace period.
Article 7. Right to a Patent
The right to a patent shall belong to the inventor or  his successor in title, or the employer, in the case
of a service invention. If an invention is made at an enterprise, institution or organisation whichcarries out scientific research, designing, construction works and other works of creative characterIP/N/1/LTU/P/1
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under contract with a client who finances an approp riate work, the right to a patent for the invention
shall be established by such contract. If the employer renounces the right to a patent or, within fourmonths, does not inform the inventor about the intention to make use of this right, the right to a patentshall be passed over to the inventor. Joint invent ors shall, unless they agree otherwise, have equal
rights to the patent.
Where several inventors have made the same invention independently of each other, the right to apatent shall belong to the inventor whose application has the earliest filing date with the State PatentBureau or who has the earliest priority right to this invention as long as his application is notwithdrawn or de emed withdrawn.
Article 8. Service Inventions
A service invention shall be an invention made:
1)during the execution of an employment contract which provides for inventing activities;
2)on a concrete assignment, in the course of designing, constructing, scientific research or creation of
technologies;3) when using the experience accumulated by an enterprise, institution or organisation, or itstechnologies and equipment.The  worker who made a service invention, must immediately inform the employer in writing. Untilthe filing of a patent application, the employer and worker may not disclose the essence of aninvention.A patent application regarding a service invention shall be filed with the State Patent Bureau, on
behalf of an enterprise, institution or organisation.
Upon the receipt of a patent on a service invention, the employer must pay remuneration to theinventor. The amount of remuneration shall depend on the economic value of the invention and anybenefit derived by the employer from the utilisati on of the invention. The conditions of remuneration
and the payment thereof shall be established in a remuneration agreement which is signed by theemployer and inventor, and which is concluded within six months following the granting of a patentor within one year of the beginning of the use of an invention, if the beginning of the use of theinvention is prior to the granting of a patent.Remuneration shall not be paid if the employment contract of a worker provides for making
inventions and he has been or is paid an agreed increased salary.
If no agreement exists between the parties, the amount of remuneration shall be established by thecourt.IP/N/1/LTU/P/1
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The rights and duties of the employer and worker, related to service inventions, with the exception of
the payment of remuneration, shall expire when the patent becomes null and void or after one year ofthe termination of labour relations.
Article 9. Mention of the Inventor
A patent application and patent must contain mention of the name of the inventor or inventors.
Any publication of the State Patent Bureau of a patent application or patent, must mention the nameof the inventor or inventors.An inventor shall have the right to request that his or her name should not be mentioned. Therefore,
he shall have to file a declaration with the State Patent Bureau. The State Patent Bureau shall have toproceed accordingly.
CHAPTER 2. PATENT GRANT
Article 10. Filing a Patent Application
A person wishing to obtain a patent for an invention shall file a patent application with the State
Patent Bureau. An application may be filed by several legal or natural persons or by both natural andlegal persons.An application may be filed on behalf of an inventor by his representative. Foreign legal and naturalpersons shall file applications with the State Patent Bureau through a patent attorney of the Republicof Lithuania.
Article 11. A Patent Application
A patent application shall contain:
1) a request for the grant of a patent;2) a description of the invention;3) one or more claims;4) drawings if necessary for the understanding of the essence of the invention;5) an abstract;6) a document confirming payment of the fee;
7) a document confirming the right to file a patent application (provided it is filed not by inventor
himself) and the declaration regarding inventorship of the invention.A request to grant a patent shall be filed in the Lithuanian language. Other documents shall be filed inLithuanian or any other language designated by the State Patent Bureau. In the event that thedocuments comprising a patent application are filed in another language, translation thereof intoLithuanian must be supplied. Translation of do cuments comprising a patent application must beIP/N/1/LTU/P/1
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furnished by an applicant to the State Patent Bureau within 3 months from the date of filing a patent
application.
Article 12. Date of Filing a Patent Application
The filing date of a patent application shall be the date of receipt by the State Patent Bureau of the
following documents:a request to grant a patent;a description of the invention together with claims;any drawings if necessary for the understanding of the essence of the invention;a document confirming payment of the fee.Where an applicant fails to supply all the documents as  stated in paragraph 1 of this Article, the patent
application shall be treated as if not have been filed.
Article 13. Disclosure
A specification must disclose the invention in such fu ll and clear terms as to enable any person skilled
in the art to which it pertains to use the invention.Where a patent application refers to a biologically reproducible material which cannot be disclosed inthe application in such a way as to enable any person skilled in the art to use it, and such material isnot available to the public, it shall be deposited for safe-keeping with a depository institution. Thepatent application filed with the State Patent Bureau shall be accompanied by a document about thedeposition of such biological material.
A specification contained in the patent application shall be presented as prescribed by the State Patent
Bureau.
Article 14. The Claims
The patent application shall contain one or more claims. All claims above 10 shall be subject to
payment of an additional fee.The claims shall define the scope of legal protection.All claims shall be clear and concise.The claims shall be presented as prescribed by the State Patent Bureau.
Article 15. Abstract
The abstract shall merely serve for the purpose of technical information on the invention and shall be
presented as prescribed by the State Patent Bureau. The abstract shall not be taken into account whenestablishing the scope of patent protection.IP/N/1/LTU/P/1
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Article 16. Unity of Invention
A patent application shall be filed so as to relate to one invention only or to a group of inventions so
linked as to form a single general inventive concept.Failure to comply with the requirements of unity of invention shall not be a ground for invalidation of
a patent.
Article 17. Division of Application
An applicant who does not observe the requirements of the unity of invention shall be obligated to
divide his patent application into two or more applications (divisional applications). An applicant maydivide his patent application into two or more applications on his own initiative.In each separate patent application the essence of the invention must not be disclosed wider than itwas disclosed in the initial patent application.The filing date of the initial application shall be established for each separate patent application or, if
priority is claimed, the priority date of the initial application.
Priority documents and any required translations thereof that are submitted to the State Patent Bureauin respect of the initial patent application shall be  considered as having been submitted in respect of
all divisional applications.
Article 18. Right of  Priority
When filing a patent application the applicant may submit a declaration claiming the priority, pursuant
the Paris Convention for the Protection of Industrial Property, on the basis of one or several national
or international applications earlier filed in foreign countries, specifying the filing date and the
country of the said application or applications.The State Patent Bureau may request from the applic ant claiming priority within 3 months from the
filing date of the application to furnish a copy or copies of previously filed applications and atranslation thereof into the Lithuanian language.Upon establishing that the requirements of paragraph 2 of this Article are not observed, the StatePatent Bureau may request the applicant to fulfil the requirements. Upon failure to fulfil therequirements, the declaration claiming the priority shall be regarded as not have been filed.
Article 19. Examination
The State Patent Bureau shall make an examination of a patent application and establish whether the
application complies with the requirements provided for in paragraphs 2 and 3 of Article 2, inArticle 11, paragraphs 2 and 3 of Article 13, as well as in Articles 14 and 18.IP/N/1/LTU/P/1
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After the State Patent Bureau finds that the application does not meet the requirements as provided for
in paragraph 1 of this Article, it shall invite the applicant to meet such requirements. If the applicantfails to do so, the State Patent Bureau shall adopt a resolution to refuse the grant of a patent.
Article 20. Amendment or Correction of Application. Withdrawal of Application
The applicant shall have the right to correct or ame nd the patent application during its pendency in the
State Patent Bureau.No amendment or correction of the patent application may go beyond what has been disclosed in theapplication as filed.The applicant shall have the right to withdraw a pa tent application at any time during its pendency in
the State Patent Bureau.
Article 21. Publication of Patent Application
The State Patent Bureau shall publish the patent application as filed by the applicant within 18 months
from its filing date, or if  priority is claimed, from its priority date. In the event that the applicant filesa written request with the State Patent Bureau to have his patent application published earlier, the
State Patent Bureau proceeds accordingly, but no earlier than six months after the filing date of theapplication.A patent application shall not be published if it is withdrawn within 17 months from its filing orpriority date.Provisional legal protection shall be provided to a published patent application from the date of its
publication until the date of patent grant.
If the published patent application is later withdrawn or disputed by another person, it shall beconsidered that the application has not been provided with the provisional legal protection providedfor in paragraph 3 of this Article.If an invention is kept secret, the inventor sh all be paid compensation according to the agreement
made between the state secret protection inst itution and the inventor of the invention.
Article 22. Patent Grant
If the patent application complies with all requirements of the examination, the State patent Bureau,
on payment of the prescribed fee by the applicant, shall within six months grant a patent.
Upon the decision to grant a patent, the State Patent Bureau shall publish notification of the patentgrant in its Official Bulletin.The form of a patent document and the number of data entered shall be established by the State PatentBureau.IP/N/1/LTU/P/1
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A patent shall be granted in one copy only. In the event that there are several applicants, unless
otherwise agreed, the patent shall be granted in the name of the applicant who is stated first in therequest.
Article 23. Register of Patents
The State Patent Bureau shall keep the Register of Patents of the Republic of Lithuania. On the
register patents shall be assigned a serial number in the order of their grant.The data of the patent, as well as the data relating to its corrections and  other data pertaining to thepatent grant, use and protection shall be entered in the Register of Patents of the Republic ofLithuania.An extract of any entry in the Register of Patents of the Republic of Lithuania shall be furnished bythe State Patent Bureau to any person upon his request and payment of the prescribed fee. The extractfrom the Register shall be regarded as an official document.
Article 24. Inspection of Patent Applications Files
After a patent application is published, any person interested may inspect it. To inspect a patent
application before it is published shall be possible only upon written consent of the applicant.Where a patent application has been withdrawn in accordance with paragraph 3 of Article 20 before itis published, inspection of the application shall be possible only upon written consent of the personwho has withdrawn the application.
Article 25. Settlement of Disputes
Disputes arising before the patent grant between the applicant and the examiner of the State Patent
Bureau with respect to the filing or priority date of a patent application, conclusions of examination
and refusal to grant a patent shall be settled by the Board of Appeals of the State Patent Bureau. Theapplicant or his representative shall have the right to participate in the hearings of the Board ofAppeals.
CHAPTER 3. EFFECTS OF A PATENT
Article 26. Rights of the Owner of a Patent
Where the subject matter of a patent is a product, the owner of the patent shall have the exclusive
right to prevent third parties not having the owner’s consent from the acts of making, using, offeringfor sale, selling, importing or exporting that product.IP/N/1/LTU/P/1
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Where the subject matter of a patent is a process, the owner of the patent shall have the exclusive right
to prevent third parties not having the owner’s consent from the act of using the process, and from theacts of using, offering for sale, selling, importing or exporting a product obtained directly by thatprocess.
The owner of the patent shall have no right to prevent third parties from performing acts referred to in
paragraphs 1 and 2, provided that:1) the act is done privately and for non-commerci al purposes and it does not significantly prejudice
the economic interests of the owner of the patent;2) the act is done for purely experimental purposes or for scientific research;3) the act consists of preparing medicines for individual cases in a pharmacy upon the prescription ofa physician or if it is indicated how to use the medicines so prepared.The owner of the patent shall have the right to prevent all third parties from supplying or offering tosupply essential elements of the patented invention with the exception of those which are widely
known in the economic activities, if the supply and offering to supply them is necessary for
performing the acts provided for in paragraphs 1 and 2 of this Article.Rights to the patent application and the patent itself shall be inheritable. The state shall not inheritthese rights.
Article 27. Term of Patents and Maintenance Fees
The term of a patent shall be 20 years as from the date of filing the application.
The maintenance of a patent shall be subject to the payment of an annual fee.
The first annual fee shall be  due in respect of the third year of the validity of a patent.
The annual fee shall be paid within two last months  of the current year of the validity of a patent.
The annual fee increased by 50% may still be validly paid within 6 months from the due dateprescribed in paragraph 4 of this Article.
Article 28. Scope of Legal Protection and Interpretation of Claims
The scope of legal protection conferred by a patent shall be determined by the claims. The description
and drawings may be used to interpret the claims.Claims shall be considered to cover not only all the elements as expressed in the claims but also their
equivalents.
An element shall be considered as being equivalent to an element as expressed in a claim if:it performs substantially the same function  in substantially the same way and produces substantiallythe same result as the element expressed in the claim;it is obvious to a person skilled in the art that the same result as that achieved by means of the elementas expressed in the claim, can be achieved by means of the equivalent element.IP/N/1/LTU/P/1
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The State Patent Bureau shall take into  consideration any statement of the applicant or the owner of
the patent to limit the scope of the claims filed before the patent grant or within the patent validityterm.If the patent description contains examples of th e embodiment of the invention or examples of the
functions or results of the invention, the claims sh all not be interpreted as limited to such examples.
Article 29. Right of Prior Use
Natural and legal persons who in good faith were using or were making effective or serious
preparations for such use before the filing date or, where priority is claimed, the priority date of apatent application, shall have the right to continue such use or to use the invention as envisaged insuch preparations without taking into consideration the will of the owner of the patent.The right of the prior use may only be transferred together with the enterprise or its activities or withthat part of the enterprise or its activities in which the use of an invention or preparations for such use
have been made.
Article 30. Rights of the Owner of the Patent with respect to Foreign Means of Transport
The following shall not be considered the violation of the rights of the owner of the patent:
1) the use of the means, which are the subjects of the patent, on any foreign vessel, temporarily oraccidentally entering the waters of the Republic of Lithuania provided that such means shall be usedexclusively for the needs of the vessel;2) the use of the means which are the subjects of the patent in the construction of foreign air or land
carriers or the exploitation of these means, as well as their use in supplementary constructions thereof,
when such means of transport temporarily or accidentally enter the Republic of Lithuania.
CHAPTER 4. CHANGE IN OWNERSHIP
Article 31. Change in Ownership of Patent Application or Patent
Any contract assigning a patent application or a patent shall be made in writing and attested by the
notary.Any change in the ownership of a patent applicatio n or a patent shall be recorded on payment of the
fee with the State Patent Bureau. The right to a pate nt or a patent application shall be obtained as of
from the date of the registration with the State Patent Bureau. The State Patent Bureau shall publish inits Official Bulletin information on the change of the ownership.IP/N/1/LTU/P/1
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Article 32. Judicial Assignment of a Patent Application or a Patent
The person concerned may request the court to order the assignment of the patent application or the
patent to him if the essential elements of the invention claimed in a  patent application or patent arecreated by him, but not by the applicant of a patent application or by the patent owner.
Article 33. Change of Joint Ownership of a Patent Application or a Patent
A patent application or a patent may jointly belong to several applicants or several joint owners of the
patent.Each of the joint applicants may independently without the consent of the others assign by successionhis share in the application, but the joint applicants  may only jointly withdraw the patent application
or conclude licence agreements with third parties.Each of joint owners of the patent may independently without the consent of the others assign ortransfer by succession his share in the patent or institute court proceedings for infringement of the
patent.
The joint owners may only jointly surrender the patent or conclude licence agreements with thirdparties.The regulations provided for in paragraphs 2 and 3 of this Article shall be applicable only in theabsence of an agreement to the contrary between the joint applicants or owners of the patent.
CHAPTER 5. LICENCE AGREEMENT. LICENCE OF RIGHT
Article 34. Licence Agreement
Licence agreement means any agreement by which a party (the licenser) allows the other party (the
licensee) to perform any of the acts referred to in Article 26.A licence agreement must be made in writing. Oral licence agreement shall not be valid.On payment of the prescribed fee the licence agreement shall be recorded in the Register of Patents ofthe Republic of Lithuania and shall be enforced as of from the date of such recording.
Article 35. Rights of Licensee
The rights given by the licenser to the licensee shall extend to the performance of all the acts referred
to in Article 26, unless otherwise provided in th e licence agreement,  without limitations throughout
the entire territory of the Republic of Lithuania and through any application of the said invention.In the absence of any provisions to the contrary in the licence agreement, the licensee may not allow athird person to perform any of the acts referred to in Article 26.IP/N/1/LTU/P/1
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Article 36. Rights of Licenser
In the absence of any provisions to the contrary in the licence agreement, the licenser may allow a
third person to perform any of the acts referred to in Article 26 and may perform them himself.If the licence agreement provides that the licence is exclusive the licenser may neither allow any third
party to perform, nor perform himself the acts referred to in Article 26.
Article 37. Licence of Right
The owner of a patent may file a statement with the State Patent Bureau that he is prepared to allow
any person to use the invention as a licensee in retu rn for appropriate compensation. In this case the
annual fees shall be reduced by 50%.The State Patent Bureau shall refuse to accept such statement as long as an exclusive licence granted
by the owner of the patent for the same invention is recorded in the Register of Patents of theRepublic of Lithuania.
The owner of the patent may withdraw such stat ement at any time upon written notification to this
effect to the State Patent Bureau, provided that no one has previously informed the State PatentBureau in writing of his intention to use the invention.Any person willing to make use of the licence of right may file a statement with the State PatentBureau and shall be entitled to use the invention as a licensee. Any licence so obtained shall be treatedas non-exclusive.Upon the receipt of a statement of any person to ma ke use of the licence of right, the State Patent
Bureau shall have no right to record an exclusiv e licence granted for the same invention in the
Register of Patents of the Republic of Lithuania, unless the said statement is withdrawn.
CHAPTER 6. COMPULSORY LICENCE
Article 38. Compulsory Licence
Repealed 15 June 2000.
Article 39. Exploitation of an Invention with the Authorisation of the Government of the
Republic of Lithuania
The Government of the Republic of Lithuania may adopt a resolution to permit a central or local
government institution, natural or legal persons as well as an enterprise which does not have the rightsof a legal person to market, without the agreement of the owner of a patent, a patented invention in theterritory of the Republic of Lithuania, if:an invention protected by a patent is related to public needs, national security and public healthprotection, development of economically important sectors;IP/N/1/LTU/P/1
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the court determines that a method of the exploitation of an invention employed by the owner of a
patent or licensee is anti-competitive.An invention may be exploited only for the purpose in respect of which the resolution has beenadopted. The owner of a patent must, for the exploitation of the invention, be remunerated fairly,
taking into consideration economic value of the invention.
If the owner of a patent or a person who has au thorisation to use an invention, requests, the
Government of the Republic of Lithuania may, taking into consideration their reasons, change theconditions of the use of a patented invention, and time limits of the validity of permission.When authorisation to use a patented invention is i ssued to the  owner of a patent which improves a
previously patented invention (second invention) and that may infringe the exclusive rights of theowner of the first patent, the Government of the Republic of Lithuania shall, before the adoption ofthis resolution, take into consideration the following additional conditions:the claimed in the second patent shall involve an important technical advance of considerable
economic significance in relation to the invention claimed in the first patent;
the owner of the first patent shall be entitled to a cross-licence (authorisation to each owner to use thepatented inventions)to use the invention claimed in the second patent;the use authorised in respect of the first patent shall be non-  assignable except with the assignment ofthe second patent.The Government of the Republic of Lithuania may declare the resolution null and void, if thecircumstances which led to the authorisation to use a patented invention cease to exist, or if a centralor local government institution, natural or legal persons as well as an enterprise which does not have
the rights of a legal person uses a patented invention for the purpose other than that in respect of
which the resolution has been adopted.Authorisation to exploit an invention must be non-ex clusive, i.e. the owner of a patent shall not lose
the right to use a patented invention himself, and it shall not prohibit the owner of a patent to conclude
license agreements related to the use of a patented invention as well as to further exploit a patentedinvention or to implement his rights in other ways.Authorisation to use a patented invention may not be transferred, except when the enterprise (or a partthereof) in which a patented invention is used, is transferred in a manner prescribed by law.Attached to a request to permit the exploitation of a patented invention must be evidences confirming
that the person seeking authorisation has requested, but has not received authorisation of the owner of
a patent to use the patented invention. This provision shall not apply in the case of a nationalemergency or other circumstances of extreme urgenc y or in cases of public non-commercial use of a
patented invention. The owner of a patent must be  informed in writing about a resolution, which isIP/N/1/LTU/P/1
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being drawn up, concerning the authorisation to use a patented invention, and about an intention to
use a patented invention for the purposes provided for in subparagraph 1 of paragraph 1 of thisArticle.Resolutions of the Government of the Republic of Lithuania concerning the authorisation to use a
patented invention without the consent of the owner of a patent may be appealed against in court in a
manner prescribed by law.Upon the receipt of the resolution of the Governme nt of the Republic of Lithuania concerning the
authorisation to exploit an invention, the State Patent Bureau shall publish information on theauthorisation in the next issue of it's Official Bulletin.
CHAPTER 7. CONSIDERATION OF DISPUTES. ENFORCEMENT OF RIGHTS
Article 40. Institutions for Consideration of Disputes concerning the Legal Protection of
Inventions
Disputes regarding the patenting and the use of inventions shall be dealt with by the following
institutions:1) the Board of Appeals of the State Patent Bureau, in respect of all disputes relating to the patentingof an invention prior to the patent grant;2) the Vilnius County Court, in respect of disputes regarding:decisions of the Board of Appeals of the State Patent Bureau relating to the refusal to grant a patent;assignment of a patent application or a patent to a different person;
all matters relating to the invalidation of a granted patent in full or in part;
all matters concerning infringement of a patent application for which provisional protection isgranted;all matters relating to infringement of a patent;all matters relating to the declaration of non-infringement;all matters relating to a compulsory licence.Disputes relating to the resolution of the Government of the Republic of Lithuania concerning thegranting of authorisation to use a patented invention, changing of the conditions related to the use of apatented invention with authorisation of the Government, establishment of the amount of
remuneration to the owner of a patented invention for the use of such patent, and revocation of
authorisation shall be settled in a manner prescribed by law.
Article 41. Protection of Rights
The owner of a patent or the applicant shall have the right to institute court proceedings against a
person who has infringed or is infringing the pa tent or published patent application, for whichIP/N/1/LTU/P/1
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provisional protection was granted, and to require the termination of infringing acts, as well as
compensation for the inflicted damage. Any of them  shall also have the right to institute court
proceedings against any person who is performing acts which make it likely that such infringementwill occur. Such proceedings may not be instituted la ter than three years from the establishment of the
fact of infringement.
Unless the licence agreement provides otherwise, any licensee may request the owner of the patent totake measures to protect his rights obtained under the licence agreement. The licensee shall specifythe legal acts needed to protect his rights and the relief desired.Such licensee may, if he proves that the owner of the patent received his request but failed to instituteproceedings against the infringer of patent rights within three months from the receipt of request,institute proceedings against the infringer in his ow n name, after notifying the owner of the patent of
his intention. The owner of the patent shall have the right to join in the proceedings as a personconcerned.
Even before the expiration of the three month period, the court may, on the request of the licensee,
grant an appropriate injunction to prevent infringement of the rights of the owner of the patent, if thelicensee proves that immediate action is necessary to avoid substantial damage.If the subject-matter of a patent is a process for obtaining a product and the product produced by thedefendant is new and there is a reason to believe that the product is produced by infringing the patent,but the plaintiff is unable through reasonable efforts to determine the process actually used, thedefendant must prove that the product does not infringe the patent.
Article 41
1. Application of Customs Control Measures
Customs control measures, established by the law, may apply to the products the import whereof into
the Republic of Lithuania and export from there is deemed to be an infringement of the rights of theowner of a patent.
Article 42. Declaration of Non-Infringement
Any person concerned shall have the right to institute court proceedings against the owner of the
patent requesting the court to declare that the performance of a specific act does not constituteinfringement of the patent.
If the person concerned proves that the acts performed by him do not constitute infringement of the
patent, the court shall pass the decision of non-infringement.The owner of the patent shall notify any licensees of the proceedings. In the absence of any provisionto the contrary in the licence agreement the licens ees shall have the right to join the proceedings.IP/N/1/LTU/P/1
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CHAPTER 8. CHANGES IN PATENTS. SURRENDER. INVALIDATION
Article 43. Changes in Patents
The owner of the patent shall have the right to request the State Patent Bureau to make changes in the
patent in order to limit the extent of the protection conferred by it.
The owner of the patent shall have the right to request the State Patent Bureau to make changes in thepatent in order to correct mistakes and clerical errors.The State Patent Bureau must comply with lawful requirements of the owner of the patent.No changes in the patent shall be permitted which would result in the extension of the scope of theinvention set forth in the patent application.The State Patent Bureau shall publish the changes of the patent in its Official Bulletin.
Article 44. Surrender
The owner of the patent may surrender the patent by written declaration to the State Patent Bureau.
The surrender may be limited to one or more claims of the patent.The State Patent Bureau shall record surrender in the Register of Patents and publish it in the OfficialBulletin.The surrender of the patent shall take effect as of from the date of the receipt of the declaration of theowner of the patent by the State Patent Bureau.
Article 45. Invalidation
On the request of any persons concerned the court may invalidate a patent, in whole or in part, on one
of the following grounds:1) the invention is not patentable within the meaning of Articles 2-5 of this Law;2) the patent does not disclose the invention in a manner sufficiently clear and complete for it to becarried out by a person skilled in the art;3) the disclosure contained in the patent goes beyond what has been disclosed in the application asfiled, or if the patent was granted on a division al application, which goes beyond what has been
disclosed in the initial application as filed;4) the owner of the patent has no right to it within the meaning of paragraph 1 of Article 8 of this
Law.
If the patent is recognised invalid in part, the corresponding limitation of the rights conferred by thepatent, the reduction of the number of claims, and corresponding amendments to description anddrawings shall be made.IP/N/1/LTU/P/1
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Article 46. Effects of Invalidation
To the extent that a patent is invalidated by the cour t in whole or in part it shall be considered null and
void as from the filing date of the patent application.When a decision of the court to invalidate a patent, in whole or in part, becomes final, the court shall
send it to the State Patent Bureau, which shall record data on the invalidation in the Register of
Patents of the Republic of Lithuania and publish it in its Official Bulletin.
CHAPTER 9. INTERNATIONAL PATENT APPLICATION
Article 47. General Provisions
An international patent application shall mean a patent application filed under the Patent Co-operation
Treaty done at Washington on 19 June 1970.In this Chapter of the Law when speaking about an international patent application  references are
made to articles of the Patent Co-operation Treaty and the Regulations under the Patent Co-operation
Treaty.The provisions of the Patent Co-operation Treaty, of this Law and executive acts shall apply in respectof an international patent application for which the State Patent Bureau acts as a receiving, designatedor elected patent office.
Article 48. International Patent Application for which the State Patent Bureau Acts as a
Designated or Elected Patent Office
Any international patent application for which the State Patent Bureau is a designated or elected
patent office and which has been published under Article 21 of the Patent Co-operation Treaty shallenjoy provisional protection under paragraph 3 of Article 21 of this Law.The provisional protection shall become effective fr om the date on which a translation into Lithuanian
of the claims of the invention described in the international patent application is published by theState Patent Bureau in the Official Bulletin.If the applicant of an international patent application for which the State Patent Bureau is a designatedor elected patent office wishes to obtain a patent of the Republic of Lithuania under this Law, he must
within the time limit applicable under Articles 22 or 39 of the Patent Co-operation Treaty furnish a
translation of the international patent application into Lithuanian and pay the prescribed fee.
Article 49. International Patent Application Filed with the State Patent Bureau as a Receiving
Patent Office
An international patent application may be filed with the State Patent Bureau if the applicant is a
resident or a citizen of the Republic of Lithuania.IP/N/1/LTU/P/1
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A fee for transmitting an international patent appl ication to the International Bureau of the World
Intellectual Property Organisation and to the International Searching Authority shall be paid asprovided for in item 14 of the Regulations under the Patent Co-operation Treaty.An international patent application must be filed in the language established by the State Patent
Bureau.
CHAPTER 10. EXTENSION OF EUROPEAN PATENTS
Article 50. General provisions
A European patent application and a European patent extending to the Republic of Lithuania shall,
according to the following provisions of this Chapte r, have the effect of and be subject to the same
conditions as a national  application filed and a national patent granted under the Patent Law of theRepublic of Lithuania.A European patent application means an application for a European patent filed under the European
Patent Convention, done at Munich on 5 October 1973, as well as an international application filed
under the Patent Co-operation Treaty, done at Washington on 19 June 1970 for which the EuropeanPatent Office (hereinafter referred to as the EPO) acts as designated or elected office and in which theRepublic of Lithuania is a designated country.An extended European patent means a patent granted by the EPO on a European patent application inrespect of which extension to the Republic of Lithuania has been requested.A national patent application means a patent application filed under this Law with the State PatentBureau of the Republic of Lithuania.
A national patent means a patent granted on a national patent application.
Article 51. Request for Extension
A European patent application and a European patent granted on such application shall be extended to
the Republic of Lithuania at the request of the applicant. The request for extension shall be deemed tobe filed with any European patent application filed on or after the date on which the Agreementimplementing Article 3(3) of  the Co-operation Agreement between the Government of the Republic
of Lithuania and the European Patent Organisation enters into force. Any request for extension shallbe published by the State Patent Bureau 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.The request for extension may be withdrawn at an y time. It shall be deemed withdrawn where the
prescribed extension fee has not been paid in due time or where the European patent application hasbeen finally refused, withdrawn or deemed withdr awn. The State Patent Bureau shall publish this as
soon as possible if the request for extension has already been published.IP/N/1/LTU/P/1
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Article 52. Extension Fee
The extension fee under paragraph 2 of Article 51 shall be paid to the EPO within the applicable time-
limits provided under the European Patent Convention for the payment of the designation fee.The extension fee may still be validly paid within the period of grace specified in Rule 85a(2) of the
European Patent Convention, provided that a surcharge of 50% is paid within this period.
For the payment of extension fees the Rules of the European Patent Convention relating to the
payment of fees shall apply mutatis mutandis. Extension fees validly paid shall not be refunded.
Article 53. Effects of European Patent Applications
A European patent application which has been accorded a filing date shall in any case be equivalent to
a national patent application filed according to all the requirements, where the priority of theEuropean patent application is being recognised, whatever its outcome may be.A published European patent application shall be prov ided with the same provisional protection  as a
national patent application according to paragraph 3 of Article 21 of this Law. The provisional
protection shall be provided from the date on wh ich a translation of the claims of the published
European patent application into the Lithuanian language has been communicated by the applicant tothe person using the invention in the Republic of Lithuania.The European patent application shall be deemed not to have been provided for the provisionalprotection  ab initio, referred to in paragraph 2 of this Article where the request for extension has beenlater withdrawn or is  deemed withdrawn.
Article 54. Effects of European Patents
An extended European patent shall, subject to paragraphs 2-6 of this Article, confer from the date of
publication of the mention of its grant by the EPO the same rights as would be conferred by a nationalpatent under Article 26 of this Law.Within 3 months from the date on which the mention of the grant of the European patent has beenpublished, the owner of the patent shall furnish to the State Patent Bureau a translation of the claimsof the European patent into the Lithuanian language and shall pay the prescribed fee for publication.If, as a result of an opposition filed with the EPO, the claims of the patent have been amended, theowner of the patent shall, within three months from the date on which the amended claims of the
patent were published, furnish to the State Patent Bureau a translation of the amended claims of the
invention into the Lithuanian language and pay the prescribed fee for the publication.The State Patent Bureau shall publish as soon as possible any exact translations filed according toparagraphs 2 and 3 of this Article.If the translation specified in paragraphs 2 and 3 of this Article is not filed in due time or theprescribed fee is not paid in due time, the Europ ean patent shall be deemed to be void ab initio.IP/N/1/LTU/P/1
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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 of this Article and paragraph 2 ofArticle 53 to the extent that the patent has been revoked in opposition proceedings before the EPO.
Article 55. Authenticity of Texts of European Patent Applications or European Patents
The text of a European patent application or a European patent in the language of the proceedings
before the EPO shall be considered the authentic text in the Republic of Lithuania as well.The translations specified in Articles 53 and 54 of this Law shall be regarded as authentic, except inrevocation proceedings, where they confer protection which is narrower than that conferred by it in
the language of the proceedings before the European Patent Office.The applicant or the owner of the patent may file a corrected translation of the claims of the Europeanpatent application or European patent. The corrected translation shall become effective when it ispublished by the State Patent Bureau. Any person who, in good faith, uses or has made effective and
serious preparations for using an invention, without infringing the previous translation of the patent
application or patent may, after the corrected translation of the claims takes effect, continue using theinvention in his business or for the needs of his enterprise without payment.
Article 56. Right of Earlier Date
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 arteffect as a national patent application and a national  patent under paragraph 2 of Article 3 of this Law.
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 under paragraph 2 of Article 3 of this Law.
Article 57. 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 hissuccessor in title, the national patent shall have no effect to the extent that it covers the same inventionas the extended European patent as from the date on which the time limit for filing an opposition tothe 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 58. Renewal Fees for Extended European Patents
Renewal fees for an extended European patent shall be paid to the State Patent Bureau. It shall be paid
starting the following year after the mention of the grant of the European patent was published.IP/N/1/LTU/P/1
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Article 59. Applicability of the European Patent Convention
The provisions of the European Patent Conventi on and its Implementing Regulations shall not apply
in the Republic of Lithuania unless otherwise provided in this Law.
CHAPTER 11. INTERNATIONAL AGREEMENTS
Article 60. International Agreements; Rights of Foreign Legal and Natural Persons
Where international agreements to which the Republic of Lithuania is a party establish rights which,
for the applicant or the owner of the patent, are more  advantageous that those provided for in this Law
and other standard acts, the provisions of such international agreements shall apply.Protection of inventions in the Republic of Lithua nia shall be granted on a patent application filed
abroad if it is so provided for in an agreement or  treaty to which the Republic of Lithuania is a party.
Such patent application and a patent granted on it shall have in the Republic of Lithuania the sameeffects as a national patent application filed with the State Patent Bureau and a patent granted on it, as
prescribed by this Law.
Foreign legal and natural persons shall enjoy all rights provided for in this Law and other standardacts regulating the protection of the rights of the patent owner.
CHAPTER 12. FINAL PROVISIONS
Article 61. Amendments of the Civil Code of the Republic of Lithuania
To declare Chapter 5 (Articles 557-559) and Chapter 6 (Articles 560-566) of the Civil Code of the
Republic of Lithuania null and void.
Article 62. Entry into Force of this Law
The Patent Law of the Republic of Lithuania, excep t Chapter 9 "International Patent Application" and
Chapter 10 "Extension of European Patents", shall become effective as of 1 February 1994.Chapter 9 shall become effective upon the date when the accession  of the Republic of Lithuania tothe Patent Co-operation Treaty, done at Washington on 19 June 1970 takes effect.Chapter 10 shall become effective on the date when  the bilateral agreement between the Government
of the Republic of Lithuania and the European Patent  Organisation on Cupertino in the field of patents
becomes effective.
I promulgate this Law passed by the Seimas of the Republic of Lithuania.
PRESIDENT OF THE REPUBLIC ALGIRDAS BRAZAUSKAS
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