Patent Application Filing and Registration in Sri Lanka
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Patents in Sri Lanka are essential for protecting inventions, technological solutions, and industrial designs in the country. The system is governed by the Intellectual Property Act No. 36 of 2003 and administered by the National Intellectual Property Office (NIPO). Filing a patent application in Sri Lanka grants inventors exclusive rights to produce, use, sell, or license their inventions within the country.
Sri Lanka’s industrial, technological, and pharmaceutical sectors are growing, making patent protection crucial for both local and international innovators to safeguard market position and attract investments.
Sri Lanka follows a first-to-file system, where the first valid patent application in Sri Lanka is granted exclusive rights, regardless of the actual inventor. Timely submission is critical.
The patent system provides protection for:
Foreign applicants may file patents in Sri Lanka but must appoint a registered local patent agent or attorney to comply with procedural and legal requirements.
The patent filing in Sri Lanka process involves several stages:-
Conduct research to ensure novelty.
Prepare detailed claims, descriptions, drawings, and an abstract.
Foreign applicants must appoint a registered patent agent.
Checks completeness and compliance with statutory requirements.
Invention patents are reviewed for novelty, inventive step, and industrial applicability; utility models and designs follow simplified procedures.
Applications are published for public scrutiny.
Approved patents are registered and enforceable; annual fees must be paid to maintain validity.
Timely filing and thorough documentation are crucial in the first-to-file system.
Invention patents protect new products, methods, or processes that are inventive, novel, and industrially applicable.
Key features:
• Duration: 20 years from filing date
• Requires substantive examination for novelty, inventive step, and industrial applicability
• Commonly applied in pharmaceuticals, technology, agriculture, and engineering
Utility models safeguard minor inventions or practical improvements.
Key features:
• Duration: 10 years from filing date
• Faster and simpler approval than invention patents
• Often used in consumer products, tools, and machinery
Design patents protect the visual appearance of products, including shape, pattern, or ornamentation.
Key features:
• Duration: 15 years from filing date
• Protects aesthetics and commercial identity
• Valuable for industrial designs, packaging, and consumer goods
Sri Lanka also provides patent protection for certain plant varieties and biotechnological innovations under specific legal frameworks. Selecting the appropriate patent type ensures robust protection for your innovation.
Applicants must submit:
Compliance with Sri Lanka Patent Law ensures enforceable rights and minimises delays or rejection.
Obtaining patents provides: –
For global protection, international patent filing via treaties like the PCT can extend rights to multiple countries while retaining the original filing date.
Applicants may face:
Awareness of these challenges ensures effective planning and reduces procedural risks.
Filing patents in Sri Lanka is essential for innovators seeking legal protection in a developing industrial and technological market. Understanding Sri Lanka Patent Law and the patent filing in Sri Lanka process ensures applicants secure exclusive rights, promote innovation, and enhance commercial credibility. Patents provide legal protection, encourage research and development, and enable regional and international business growth.
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