Intellectual Property Act 2003 · As enacted · Part IV · Chapter
77. Filing date
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
The Director-General shall record as the filing date, the date of receipt of the application :
Provided that on the date of the receipt of the application
, contains –
the name and address of the applicant ;
the name and address of the inventor and, where the applicant is not his inventor, the statement referred to in paragraph (b) of subsection (2) of section 71 ;
a description of the patent;
a claim or claims :
Provided further that at the time of receipt of the application the prescribed fee has been paid.
Where the Director-General finds, at the time of receipt of the application, that the provisions of subsection (1) have not been complied with, he shall request the applicant to file the required correction within a period of three months from the date of such request.
Where the applicant complies with the request referred to in subsection (2), the Director-General shall record as the filing date, the date of receipt of the required correction
; where the applicant fails to so comply the Director–General shall treat the application as null and void.
Where the application refers to drawings which in fact are not included in the application, the Director-General shall request the applicant to furnish the missing drawings.
Where the applicant complies with the request referred to in subsection (4), the Director-General shall record as the filing date the date of receipt of the missing drawings ;
where the applicant fails to so comply the Director-General shall record as the filing date, the date of receipt of the application and shall make no reference to the said drawings.
The title, description, drawings, abstracts and claims filed with any international application made under subsection (8) of section 71, designating Sri Lanka shall be deemed to be carried out in accodance with specifications required under this Act.
The filing date of such application made under subsection (8) of section 71 and processed by the office shall be deemed to be the date of filling of such application under the Patent Corporation Treaty.
Part V