Intellectual Property Act 2003 · As enacted · Part IV · Chapter
71. Requirements of applications
Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.
Official translationFrom Department of Government Printing, unchanged
An application for the grant of a patent shall be made to the Director-General in the prescribed form and shall contain—
a request for the grant of the patent ;
a description of the patent ;
a claim or claims ;
a drawing or drawings, where required ;
an abstract ;
date and number of any application for a patent filed by the applicant abroad (hereinafter referred to as the “foreign application”), if any, relating to the same, or essentially the same invention as that claimed in the present application ;
a declaration that the applicant or his predecessor in title has not obtained a patent abroad before the application was filed relating to the same or essentially the same invention as that claimed in the application.
If the declaration referred to in sub-paragraph (vii)
of paragraph (a) of subsection (1) of this section is found to be false, the Court may declare the patent to be null and void on an application made to it by any interested party or a Competent Authority including the Director-General. The registered owner of the patent, assignees and licensees shall be made party to that application.
Where the applicant’s ordinary residence or principal place of business is outside Sri Lanka, he shall be represented by an agent resident in Sri Lanka whose name and address shall be given in the application, and the application shall be accompanied by a power of attorney granted to such agent by the applicant.
The application may be accompanied by a declaration signed by the inventor, giving his name and address and requesting that he be named as such in the patent.
The request shall contain –
a petition that the patent be granted ;
the title of the invention;
the name, address, description and any other prescribed information concerning the applicant, the inventor and the agent, if any.
Where the applicant is not the inventor, the request shall be accompanied by a statement justifying the applicant’s right to the patent.
The Director-General shall send a copy of the statement referred to in paragraph (b) to the inventor who shall have the right to inspect the application and to receive, on payment of the prescribed fee, a copy thereof.
The description shall disclose the invention 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 relevant technology and shall, in particular, indicate the best mode known to the applicant for carrying out the invention.
The claim or claims shall be clear, concise and supported by the description.
Drawings shall be required when they are necessary for the understanding of the invention.
The terms of any claim shall determine the scope and extent of the protection afforded by the patent, and the description and drawings may be used to interpret such claim.
The abstract shall serve the purpose of technical information and shall not be used for the purpose of determining or interpreting the scope and extent of the protection afforded by the patent.
Any application filed outside Sri Lanka under the
Patent Corporation Treaty for a patent designating Sri Lanka shall if the applicant files a corresponding application with the Director-General be deemed to be an application made under this Act.
For the purposes of this Chapter “the Patent Corporation
Treaty” means the Patent Corporation Treaty made in
Washington on June 19th 1970, as amended from time to time.
Part V