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PATENTS IN SRI LANKA

Understanding Law related to Patents in Sri Lanka

What is a patent?

According to Intellectual Property Act, No. 36 of 2003, patents are granted to inventions. An “invention means an idea of an inventor which permits in practice the solution to a specific problem in the field of technology.”

An invention may relate to a product or process.

Law in ForceIntellectual Property Act, No. 36 of 2003
Paris ConventionYes
PCTYes
Prosecution ProcessFiling Publication Examination Registration
Registration Term20 years from the date of registration

CRITERIA FOR PATENTABILITY IN SRI LANKA

Which inventions can be protected as patents in Sri Lanka?

An invention is patentable if it is new, involves an inventive step and is industrially applicable.

INVENTIONS NOT PATENTABLE IN SRI LANKA

Which inventions cannot be protected as patents in Sri Lanka?

As per Section 3 of the Act, the following inventions are not patentable—

(a) discoveries, scientific theories and mathematical methods;

(b) plants, animals and other microorganism other than transgenic microorganism and an essentially biological process for the production of plants and animals other than non-biological and microbiological processes

(c) schemes, rules, or methods for doing business, performing purely mental acts or playing games;

(d) methods for the treatment of the human or animal body by surgery or therapy, and diagnostic methods practiced on the human or animal body;

(e) an invention related to nuclear material or atomic energy in an atomic weapon;

(f) any invention which is against public order, morality including the protection of human, animal or plant life or health or serious prejudice to the environment.

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