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The 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.
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 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.
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.
Patent applications that can be filed in Sri Lanka as follows:-
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:
Patent 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.