PATENTS IN SRI LANKA:

 Sri Lanka is member of both Paris Convention as well as PCT, therefore, it is possible to file Conventional Patent Application as well as PCT national phase Application in Sri Lanka. The time frame of filing PCT National Phase in Sri Lanka is 30 months from date of earliest priority. For Conventional filing the deadline for filing application is 12 months from date of earliest priority.

 Patent filing requirements in Sri Lanka:

1. Name, address and nationality of the Applicant (s).
2. Name, address and nationality of the Inventor(s).
3. Complete Specification in English (comprising description, claims, abstract, formal drawings)
4. Details of priority applications (priority number, date and country of origin); Certified copy of priority document (within 3 months of filing of Application)
5. A verified/notarised English translation of the priority document, if in any language other than English
6. Statement justifying the Applicant’s rights to the patent, if applicant is different from inventor.
7. Power of Authority (executed in presence of two witnesses, notarisation or legalisation not required)

 Various Stages of Patent prosecution in Sri Lanka:

1. Filing of Patent Application
2. Preliminary Examination
3. Publication of Patent Application in around 18 months from priority date
4. Acceptance or rejectionIssuance of Letter Patent document
5. Payment of renewal fee to keep the Patent in force

Term of Patent/  Renewal of Patent in Sri Lanka:                                 

The total term of Patent is only 20 years.

Trademarks in Sri Lanka:

Sri Lanka is not a member to Madrid, therefore for securing a Trademark in Sri Lanka it is necessary to file  Application locally before the Trademark registry.  Sri Lanka follows the International Classification of Goods and Services under the Nice Agreement (Ninth Edition). Multi class filing system is not allowed in Sri Lanka.

Trademark filing requirements in Sri Lanka:

(i) Trademark
(ii) Full Name, Address, Status and Nationality of the applicant(s)

(iii) International Class
(iv) Description of goods or service for which the mark is to be registered.
(v) The date of use of the Trademark in Sri Lanka (if any)

(vi) Translation/ Transliteration of mark, if in language other than English

(vii) Priority details (if any) including Application no.; country and date of filing, certified copy of priority document to be filed within 3 months

(viii) Duly executed Power of Attorney (executed in presence of two witnesses, notarisation or legalisation not required)

Trademark Registration in Sri Lanka

Following stages are encountered while registering a Trademark in Sri Lanka:

1. Filing of Application
2. Examination of Application
3. Issuance of Examination report, if there are any preliminary objections
4. Reply to examination report
5. Hearing (if Registrar is not satisfied with response)
6. Acceptance of Application (if reply is found satisfactory or if Registrar is convinced during hearing)
7. Publication of Trademark Application in the monthly Trade Marks Journal
8. Issuance of Registration Certificate, where no opposition is preferred

 Term of Registration:

Term of a trademark registration in Sri Lanka is ten (10) years and registration can be successively renewed for a term of ten (10) years thereafter.

Industrial Design in Sri Lanka:

Design filing requirements in Sri Lanka are as follows:

(a)   Name of the Applicant,
(b)  Title of the Article

(c)   Various views of the Article (front, back top, side, bottom, including perspective views); In case of photograph 6 sets to be provided, drawing/sketch could be provided vide email)

(d)  Priority details (i.e. Application no.; date of filing, Country) where priority is claimed (Application must be within 6 months of priority application); Certified copy of priority document must be supplied within 3 months of filing of Application   
(e)   Power of Attorney

Term of Design:

The copyright in design is valid for 5 years and can be further renewed for two terms of 5 years each.