Patent Filing in Sri Lanka
The following types of Patent applications can be filed in Sri Lanka: Ordinary Patent applications, Convention Patent Applications, PCT National Phase Patent Application Entry in Sri Lanka or a Divisional Patent Application.
As per Sri Lanka Intellectual Property Act, No. 36 of 2003, patents in Sri Lanka are granted to inventions. An “invention means an idea of an inventor which permits in practice the solution to a specific problem in the field of technology.” An invention may relate to a product or process. In accordance with the provisions of Patent Act, an inventor can apply for patents.
|Law in Force||Intellectual Property Act, No. 36 of 2003|
|Prosecution Process||Filing, Publication, Examination, Grant / Registration|
|Registration Term||20 years from the date of registration|
Criteria For Patentability In Sri Lanka
Inventions patentable in Sri Lanka
An invention is patentable if it is new, involves an inventive step and is industrially applicable.
INVENTIONS NOT PATENTABLE IN SRI LANKA
Inventions not patentanble in Sri Lanka?
As per Section 3 of the Act, the following inventions are not patentable—
(a) discoveries, scientific theories and mathematical methods;
(b) plants, animals and other microorganism other than transgenic microorganism and an essentially biological process for the production of plants and animals other than non-biological and microbiological processes
(c) schemes, rules, or methods for doing business, performing purely mental acts or playing games;
(d) methods for the treatment of the human or animal body by surgery or therapy, and diagnostic methods practiced on the human or animal body;
(e) an invention related to nuclear material or atomic energy in an atomic weapon;
(f) any invention which is against public order, morality including the protection of human, animal or plant life or health or serious prejudice to the environment.
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Patent Application Filing in Sri Lanka
The following types of Patent applications can be filed in Sri Lanka:
a) Ordinary application:
An ordinary patent application is a type of patent application filed directly at the Sri Lanka Patent Office without claiming any priority from any existing patent application made in a convention country or without any reference to any other patent application under process.
b) Convention Patent Application
A convention patent application is a type of patent application filed claiming a priority date based on the same or substantially similar application filed in one or more of the convention countries. A convention patent application has to be with the Sri Lanka Patent Office within 12 months of filing the similar application in the convention country.
c) PCT National Phase Patent Application Entry in Sri Lanka
Deadline for entering a Filing a PCT or National Phase Patent Application Entry in Sri Lanka?
PCT is an international filing system in which the applicant gets an international filing date in all the designated countries, conferring the late entry (up to 31 months) to the national offices without affecting the priority date.
The PCT does not provide for grant of Patent, the responsibility of granting or rejecting the patents lies exclusively with the regional patent offices basis their local Patent laws and rules.
Sri Lanka is a contracting party to PCT and deadline for filing a PCT or National Phase Patent application entry into Sri Lanka is within tt30 months from the date of the earliest priority.
d) Divisional Application
Divisional Patent Application Filing in Sri Lanka
When a patent application is “divided” from an existing application, it is termed as a Divisional Patent. The date of filing of a divisional patent application will be considered same as that of the main patent application, from which it has been divided.
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Patent Filing Requirements in Sri Lanka
DOCUMENTS REQUIRED FOR PATENT APPLICATION FILING IN SRI LANKA
In accordance with the provisions of Patent Act, an inventor can apply for patents. Where two or more persons have jointly made an invention, the right to a patent shall belong to them jointly. In case of a foreign applicant, he or she shall be represented by an agent resident in Sri Lanka whose name and address shall be given in the application, accompanied by a Power of Attorney granted to such agent by the applicant.
Every application for a patent shall be made for one invention only or a group of inventions, which are linked to each other by a single inventive concept. Along with application for grant of patent and specification, the applicant is required to submit the following:
Declaration by the inventor;
Statement justifying the applicant’s right to the patent;
The authorization of an agent.
Documents required for filing a patent application in Sri Lanka
An application for the grant of a patent shall be made to the Director-General in the prescribed form and shall contain—
(i) a request for the grant of the patent;
(ii) a description of the patent;
(iii) one or more claims;
(iv) a drawing(s), wherever required;
(v) an abstract;
(vi) date and number of any application for a patent filed by the applicant abroad, if any, relating to the same, or essentially the same invention as that claimed in the present application;
(vii) a declaration that the applicant or his predecessor in title has not obtained a patent abroad before the application was filed relating to the same or essentially the same invention as that claimed in the application.
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