Patents

Patent Registration

A Patent is the grant of a property right from the government to the inventor. A Patent provides its owner the right to exclude others from making, using, importing, offering for sale, or selling the invention throughout Sri Lanka.

Our team of professionals provides efficient and effective counseling to our clients in securing Patents and in related matters such as registering of Patent or litigating Patent disputes.

Making the application

An Application for the Grant of a Patent should be lodged at the Sri Lanka National Intellectual Property Office within the legally acceptable time on the Prescribed Application Form and should contain

a Request for a grant of Patent,
b Description,
c Claim or claims,
d Drawing or drawings where required,
e Abstract,
f Prescribed fee,
g Power of Attorney.

If it is a National Phase Application based on a PCT Application then a copy of the first page of the PCT Publication should also be furnished together with an International Search Report , if available.

The Specification

The specification must contain a full description of the invention, one or more claims defining the scope of the monopoly that the applicant seeks to protect and one or more drawings where they are necessary to enable the invention to be readily understood.

In general, the specification should contain the following details

1 The title of the invention,
2 The technical field to which the invention relates;
3 The background art, so far as it is known to the applicant and so far as it can be considered useful for an understanding of the invention;
4 a description of the invention in terms that can be understood and in a manner sufficiently clear and complete for the invention to be evaluated and to be carried out by a person having ordinary skill in the art;
5 a statement of the advantageous effects, if any, of the invention with reference to the background art.
6 a brief description of the figures of the drawings, if any.
7 the best method known to the applicant for carrying out the invention; this is best done by describing in example the invention with reference to the drawings, if any;
8 an explicit indication, when it is not obvious from the description of the invention, the way in which the invention is industrially applicable and the way in which it can be made and or used, and
9 Power of Attorney as in the draft provided. This document does not need notarialization or legalization.

The claims should define with precision the scope of the monopoly which the applicant wishes his Patent to be protected.

All the claims should be numbered and each should be supported by the description. i.e. every feature of each claim should be mentioned in the description?

If an International Type Search Report could be provided by the Applicant it would help the Local Patent Office to Grant the Patent based on this report expeditiously. Otherwise the Application would be referred to a Local Examiner for search and report