Patents in Sri lankaadmin2022-12-09T07:53:25+00:00
Patents in Sri Lanka
History of Patenting in Sri LankaThe Patent Ordinance, which was based on English patent law, was passed in 1907. Prior to the Code of Intellectual Property Act No. 52 of 1979, which replaced all earlier IP statutes, the Patent Ordinance was in effect. Part IV of this code, which had seven sections, dealt with patents. The WIPO (World Intellectual Property Organization) model law served as the foundation for the code. The Code of Intellectual Property Act No. 52 of 1979 was replaced by the Intellectual Property Act No. 36 of 2003, which has been in effect since November 2003. The 2003 Intellectual Property Act, No. 36 the IP Act's Part IV deals with the regulation of patents. An invention is described as an idea of an inventor that enables the practical application of a specific technological problem solution. In Sri Lanka, both product and method patents are recognized.What are Patentable Inventions in Sri Lanka? If an invention is novel, requires an inventive step, and has industrial applicability, it is patentable. If prior art does not predict an innovation, it is novel.Prior art should include:Prior to the filing date or, where appropriate, the priority date of the patent application claiming the invention, everything made public anywhere in the world through written publication, oral disclosure, usage, or in any other way: and the information contained in a Sri Lankan patent application that had a filing date or, as applicable, a priority date earlier than the patent application mentioned in paragraph (a), to the extent that such information was included in the patent that was granted based on the Sri Lankan patent application.A disclosure made in accordance with Section 64(2) (a) above will not be taken into account: (1) if it happened within a year of the date of the patent application and was the result of the applicant's or his or her predecessor's acts; (2) if it happened within six months of the date of the patent application and was the result of any abuse of the applicant's or his or her predecessor's rights.If an invention may be produced or employed in any industry, it must be deemed industrially applicable.What are not patentable Inventions in Sri Lanka?
Discoveries, scientific theories, and mathematical procedures are not patentable as inventions;
Plants, animals, and other microbes besides transgenic microbes, as well as a process that produces plants and animals that is primarily biological as opposed to non-biological and microbiological processes;
Plans, guidelines, or techniques for conducting business, engaging in purely mental activities, or playing games;
Methods for the surgical or therapeutic treatment of the human or animal body, as well as diagnostic techniques employed on the human or animal body, with the caveat that any product used in such a method must be patentable;
A device that can be used to fuel an atomic weapon with particular nuclear material or energy; and
Any invention whose commercial exploitation must not occur in Sri Lanka in order to safeguard the public order, morality, which includes the preservation of human, animal, plant, or human health, or the prevention of grave environmental discrimination.
Rights to Patent:- In cases where two or more people have jointly created an innovation, the right to a patent must belong to them jointly. The right to get a patent belongs to the inventor.If an important component of an invention claimed in a patent application or patent was wrongfully taken from an innovation for which another person has the patent rights, that other person may ask a court to assign the patent application or patent to them.Types of Patent Applications:-Patent applications that can be filed in Sri Lanka as follows:-
Convention patent application
PCT National phase patent application entry in Sri Lanka
Procedure of filing an application in Sri Lanka:- A request for the issuance of a patent must be made to the director general in the prescribed form, and the application must also include the following: (1) A description of the patent; (2) A claim or claims; (3) A claim or claims; and (4) A drawing or drawings, as necessary. (5) A summary; (6) The date and number of any foreign application for a patent that the applicant has filed, if any, that relates to the same invention as the one claimed in the current application; (7) A statement that neither the applicant nor his or her predecessor in title obtained a patent in another country prior to filing the application for what is, or substantially what is, the same invention as that claimed in the application.The applicant must be represented by an agent who resides in Sri Lanka if their primary residence or place of business is outside of the country.Process for obtaining Patent Grant in Sri LankaPatent Filing → Initial Examination within 18 months of the priority date → Patent Publication → Patent Examination request (before 36 moths from filing or after 60 days from publication date) → Examination Response Submission (within 90 days) → Accept or Reject → Patent Grant for 20 years from filing date of patent (if response arguments accepted) → Patent Renewal after 20 years from filing the patent.