PATENT REGISTRATION PROCEDURE
IN SRI LANKA
In Sri Lanka, patent rights are governed by the Code of Intellectual Property Act No.52 of 1979, granting exclusive rights to patent holders for 20 years. An invention, defined as "an idea solving a specific problem in technology," is patentable if it is new, involves an inventive step, and is industrially applicable, as outlined in Section 59(2). Both product and process patents are recognized.
Inventors have the right to patents, and joint inventors share rights (s.64). Disputes over patent ownership can be resolved by applying to the Tribunal (s.65). Patents are valid for 15 years, requiring annual renewal after the first two years.
Sri Lanka is a member of the Paris Convention, allowing its citizens to obtain patents in member countries. It is also a contracting party to the Patent Cooperation Treaty (PCT), enabling nationals to apply for patents via WIPO in Geneva, with PCT applications holding the same effect as national applications in designated countries.
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A patent application must be submitted to the Director-General in the prescribed form and include:
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A request for the patent;
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A description, claims, and drawings (if required);
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An abstract;
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Details of any foreign patent applications for the same or similar invention;
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A declaration that no patent has been obtained abroad for the same or similar invention prior to filing.
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Applicants must provide a search report within the prescribed time or request the Director-General to refer the application to an examiner. The examiner will review the description and drawings (if any) and report on prior art within the prescribed period.