Intellectual Property Act 2003 · As enacted · Part IV · Chapter
87. Rights derived from prior manufacture or use
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
Where a person at the filing date or, where applicable, the priority date, of the patent application—
was in good faith making the product or using the process in Sri Lanka which is the subject of the invention claimed in such application ;
had in good faith made serious preparations in Sri
Lanka towards the making of the product or using the process referred to in paragraph (a), he shall have the right, despite the grant of the patent, to exploit the patented invention :
Provided that the product in question is made, or the process in question is used by the said person in Sri Lanka :
Provided further, if the invention was disclosed under circumstances referred to in paragraph (a) or (b) of subsection (3) of section 64, he may prove, that his knowledge of the invention was not as a result of such disclosure.
The right referred to in subsection (1) shall not be assigned or transmitted except as part of the business of the person concerned.
The provisions of this section shall not affect the rights of any person to object to the grant of a patent on the ground that such invention is not patendable under sections 63, 64, 65 and 66 of the Act, or to seek relief under sections 68 and 99 of the Act.
CHAPTER
XVI
ASSIGNMENT AND TRANSMISSION OF PATENT APPLICATIONS AND
PATENTS
Part V