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What is the law under which the Patent protection is granted in Sri Lanka?
The Intellectual Property Act No. 36 of 2003 deals with the mechanism of Patent protection in Sri Lanka.
What are the types of Patent protection in Sri Lanka?
Process Patent and Product Patent are the two types of Patent protection in Sri Lanka.
What is the Patentable subject matter in Sri Lanka?
In Sri Lanka, any invention which satisfies the conditions of originality, novelty, inventive step and industrial applicability, subjects to Patentability.
What are the types of Patent Applications in Sri Lanka?
The following are the types of Patent Applications in Sri Lanka: Convention Application PCT National Phase Application Divisional Application
Is Utility Model Protection available in Sri Lanka?
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.
What is the time period for PCT National Phase filing?
PCT National Phase has to be filed within 30 months.
What is the term for Patent protection?
The Patent of invention lasts for 20 years in Sri Lanka.
What are the documents and information required at the time of filing the Patent application?
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.
What is the time frame for examination from the date of application?
The time frame for examination is usually 1-3 months approximately from the date of application.
What is the time frame for publication from the date of acceptance?
The time frame for post-grant publication is minimum 36-48 months approximately from the date of acceptance.
When can an opposition be raised against a Patent application in Sri Lanka?
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.
What permissible amendments could be made to a Patent in Sri Lanka?
The following are the permissible amendments: Clarifying the invention without resulting in varying the scope of invention.
What is the time frame for payment of Annuities before the due date?
The time frame for payment of Annuities is usually within 6 months approximately before the due date.
What are the documents required at the time of filing the recordal application for a Patent?
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
How long does it take for a Patent to be granted in Sri Lanka?
In Sri Lanka, it takes around 3-4 years approximately for a Patent to be granted.