Patents Laws in Sri Lanka
Patent laws in Sri Lanka are governed primarily by the Intellectual Property Act, No. 36 of 2003. This Act provides comprehensive legal protection for patents, trademarks, copyrights, industrial designs, and other forms of intellectual property.
Here is an overview of patent laws in Sri Lanka:
📘 Legal Framework
Primary Law: Intellectual Property Act, No. 36 of 2003
Administering Authority: National Intellectual Property Office of Sri Lanka (NIPO)
🧠 What Is Patentable?
To be patentable in Sri Lanka, an invention must:
Be new (novel)
Involve an inventive step (not obvious to someone skilled in the art)
Be industrially applicable (capable of use in some kind of industry)
❌ What Cannot Be Patented?
Discoveries, scientific theories, and mathematical methods
Schemes or methods for doing business, playing games, or performing mental acts
Methods of treatment for humans or animals (e.g., surgical or therapeutic methods)
Inventions contrary to public order or morality
📝 Patent Application Process
File Application with NIPO
Formal Examination (to check for proper documentation)
Substantive Examination (optional; requested by applicant)
Publication after 18 months from filing or priority date
Granting if requirements are met
📅 Term and Renewal
A patent is valid for 20 years from the filing date
Annual maintenance fees are required starting from the third year
🌍 International Treaties
Sri Lanka is a member of:
Paris Convention for the Protection of Industrial Property
WIPO (World Intellectual Property Organization)
Not yet a member of the Patent Cooperation Treaty (PCT)
⚖️ Patent Infringement
Patent holders have the exclusive right to:
Prevent others from making, using, selling, or importing the patented invention without consent
Legal action can be taken against infringement in the Commercial High Court
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