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Intellectual Property in Lithuania

Intellectual property rights protect inventions, trademarks, and creativity. It helps the owner to have income if someone decides to use that property. Ministry of Economy of the Republic of Lithuania specify that Intellectual property is comprehended as covering two categories, in particular:

• industrial property, where the owner is granted monopolistic rights to technical or aesthetic inventions as well as exclusive marks. It bears relation with patents of inventions, design, industrial objects’ samples and references of the place of origin or names;

• copyright, which is also referred to as the rights owned by writers or artists, protects not only works of literature or art but also music, TV shows, software, databases, advertising, and multimedia.

Patent registration

For filing a patent application in Lithuania, you need to start 12, months from the priority date. The Lithuanian patent application should be recorded in the Lithuanian language. However, it is possible to apply any other foreign language, with the further submission of the Lithuanian translation within three months from the date of filing. Minimum of filing documents in Lithuania:

• request to grant a patent;

• description of the invention together with patent claims;

• any drawings, if necessary for an understanding of the essence of the invention.

Priority document The State Patent Bureau of the Republic of Lithuania may request copies of the priority applications and translation thereof into Lithuanian within three months from the filing date. Assignment needs a document confirming the right to file a patent application and the declaration regarding inventorship should be provided. The patent application in Lithuania is examined according to the formal requirements and also whether the applied object is registrable according to the legislation. The patent is issued on the responsibility of the applicant and may be appealed in court. The examination fee, as well as examination request, are not stipulated either.

A 6-month novelty grace period before filing date or priority date applies if the disclosure was made by a person having an interest in making an abuse concerning the inventor or his successor in title, or where an inventor or his successor in title displayed the invention at the officially recognised exhibition. The registration fee should be paid within three months from receipt of a notification of publication of the application. Representation by a patent attorney For foreigners, it is necessary to perform the patent prosecution in Lithuania through an agent, a registered Lithuanian patent attorney.

Trademarks

For the foreigners, it is recommended to perform trademark prosecution in Lithuania through an agent, a registered Lithuanian trademark attorney.

Minimum filing requirements:

• request to register the trademark in Lithuania, signed by the applicant (or his representative);
• a document confirming payment of the official filing fee.

Signed Power of Attorney must be provided to the Lithuanian Patent Office within three months from filing date of an application. Certified copy of the priority document must be submitted within three months from filing a trademark application in Lithuania. Validity term Trademark in Lithuania is valid for 10 years from the date of filing an application and renewable every ten years. Within three months from publication of the registered trademark, any interested person may file a grounded opposition against a trademark. Trademark registration could be renewed by the proprietor for 10-year periods an unlimited number of times if the corresponding documents are filed with the Patent Office within the last year of the 10-year trademark registration validity. In case this term is missed the trademark certificate may be renewed within six months by paying the 50% fine. Reinstatement of a lapsed trademark after a six-month grace period is not possible. In case the trademark has not been used within 5 continuous years after registration it may be canceled.

Industrial Design registration

Minimum of filing documents:

• request to grant an industrial design certificate;
• representations of design.

A signed Power of Attorney in case the applicant is a natural person or stamped and signed in case applicant is a legal entity must be filed within three months from filing the Lithuanian design application. The document confirming the right to file a design application and the declaration regarding the authorship of the design should be provided. There is a need to have an examination of a design application in Lithuania. An application is examined according to the formal requirements. The examination fee, as well as examination request, are not stipulated either.

According to the Lithuanian legislation, the design validity term in Lithuania is five years from the date of filing. The maintenance fees for the design registration for the first 5 years are included in the registration and publication of the patent. For extending the registration, you must pay taxes within the last six months of the 5th year period.

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