Intellectual Property Act 2003 · As enacted · Part IV · Chapter
78. Examination of applications &c
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 examine the application and shall satisfy himself as to the fulfilment of the following :—
where applicable, the requirements of paragraph (b)
of subsection (1) of section 71 ;
the requirements of paragraph (a) of subsection (2)
of section 71 ;
where applicable, the requirements of paragraph (b)
of subsection (2) of section 71 ;
the description, the claims and where applicable, the drawings, which comply with the prescribed requirements ;
the essential elements of the invention claimed in the application have not been unlawfully derived from a patent already granted in Sri Lanka ;
the application contains an abstract ;
the search report referred to in section 73 has been submitted.
Where the Director-General finds that the conditions referred to in subsection (1) are not fulfiled 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 fails to so comply the application shall, subject to the provisions of subsection (3), be rejected.
Where no correction is provided in response to a request under subsection (2), the Director-General shall, on payment of the prescribed fee within the prescribed period, include the corrections into the application and if the prescribed fee is not paid within the prescribed period the application shall be rejected.
Where the Director-General finds that the essential elements of an invention claimed in an application are unlawfully derived from a patent already granted in Sri
Lanka, such application shall be rejected.
The Director-General shall notify the applicant of any decision under subsections (2), (3) and (4) and any decision taken to reject the application shall be in writing stating the reasons for such rejection.
Part V