PATENT EXAMINATION IN SRI LANKA
After filing a patent application, the application is examined for patentability. On receipt of application submitted by the applicant, the Director-General shall examine the application by conducting all investigations to determine whether the patent application meets the statutory requirements or not. The Examination is conducted as follows:
a) Formality Examination is made to determine whether the application fulfills the necessary procedural and formal requirements. The Director-General shall invite the applicant to correct where necessary documents are missing.
b) Whether the essential elements of the invention claimed in the application have not been unlawfully derived from a patent already granted in Sri Lanka.
If the examination report is adverse to the grant of Patent, the same is communicated to the applicant. As per the provisions of the Patent Act, the applicant has to comply with the requirements imposed on him within a period of three months from the date on which objections are forwarded to him, or else the application shall be rejected.
GRANT OF PATENT IN SRI LANKA
When the application for Patent is found in order of grant, the patent is granted as expeditiously as possible and a certificate is issued to the applicant. The term of patent is twenty years from the date of application.
PUBLICATION OF GRANTED/ REGISTERED PATENT IN SRI LANKA
The Director-General shall publish a notice pertaining to the grant of the patent in the Gazette. A patent remains in force for a period of twenty years by paying annual renewal or patent annuity yearly.
When is the patent annuity due in Sri Lanka?
Annuity or renewal fees are required to maintain the granted patent in force. Where a patentee, at the expiration of the second year from the date of grant of the patent, intends to keep the same in force he shall, twelve months prior to the date of expiration of the second and each succeeding year during the term of the patent, pay the prescribed annual fee.
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