Sri Lanka

The Intellectual Property Act No. 36 of 2003 deals with the mechanism of Patent protection in Sri Lanka.

Process Patent and Product Patent are the two types of Patent protection in Sri Lanka.

In Sri Lanka, any invention which satisfies the conditions of originality, novelty, inventive step and industrial applicability, subjects to Patentability.

The following are the types of Patent Applications in Sri Lanka: Convention Application PCT National Phase Application Divisional Application

In Sri Lanka there are no provisions relating to utility model applications. However, the same can be submitted in the same manner as a patent application.

PCT National Phase has to be filed within 30 months.

The Patent of invention lasts for 20 years in Sri Lanka.

The following information and documents are required to file the Patent application in Sri Lanka: Power of Attorney Priority Document with required translation The applicant’s name and address and nationality Provisional specification or complete specification with description, claims, abstract and drawings. Incorporate Certificate, with required translation Home/Foreign Registration Certificate, with required translation International Search Report(ISR), in case of PCT International Preliminary Examination Report(IPER), in case of PCT Other documents including Verification of Translation (if the priority document in not filed in English, a translation of specifications is required with a Verification of Translation.

The time frame for examination is usually 1-3 months approximately from the date of application.

The time frame for post-grant publication is minimum 36-48 months approximately from the date of acceptance.

In Sri Lanka, an opposition against a Patent application can be raised both at the post-grant stage for which an action for nullity of the Patent has be filed in the Commercial High Court.

The following are the permissible amendments: Clarifying the invention without resulting in varying the scope of invention.

The time frame for payment of Annuities is usually within 6 months approximately before the due date.

The documents required are as follows:

1. CHANGE OF NAME/LEGAL FORM/ADDRESS Certified copy of extract from the Registrar of Companies with required translation Power of Attorney

2. ASSIGNMENT: Deed of Assignment Power of Attorney

3. MERGER: Deed of Merger Power of Attorney

4. LICENSE: License Agreement Power of Attorney

In Sri Lanka, it takes around 3-4 years approximately for a Patent to be granted.