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INFORMATION FROM THE EPO

Extension of European patents to Lithuania¹

The agreement on extending the protection conferred by European patents2 - Extension Agreement - will enter into force on 5 July 1994. On the same date, the PCT will also enter into force for Lithuania3. The rules governing the new system are set out in the Lithuanian Patent Law (LPL, Chapter 10)4 and correspond to those set out in the Extension Ordinance of Slovenia5.

Extension system

1. Extension occurs at the applicant's request. It is deemed requested for any European patent application filed on or after 5 July 1994 (Article 51(1) LPL). Extension is not available for applications filed prior to that date, or for any European patents resulting from such applications.

2. Extension is also deemed requested for all international applications filed on or after 5 July 1994 provided that both the EPO and Lithuania are validly designated (Euro-PCT applications).

3. The extension fee is DEM 200. It must be paid to the EPO within the time limits prescribed in the EPC for paying the designation fees (Articles 79(2) and 78(2) EPC). After expiry of the basic time limit, the extension fee can still be validly paid under Rule 85a(2) EPC within a period of grace of two months, provided that within that period a surcharge of 50% is also paid.

The payment period for Euro-PCT applications is 21 or 31 months from the date of filing or the priority date (Rule 104b(1) EPC).

4. Applicants intending to pay the extension fee for Lithuania are asked to enter Lithuania (LT) in section 34 of the Request for Grant form (Form 1001) and to cross the appropriate box.