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Sri Lanka

SRI LANKA PATENTS LAW:

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. The total term of Patent is 20 years in Sri Lanka from the filing date/ accorded filing date.

Patent filing requirements in Sri Lanka:

  1. Name, address and nationality of the Applicant (s) and Inventor(s).
  2. Complete Specification in English (comprising description, claims, abstract, formal drawings)
  3. Details of priority applications (priority number, date and country of origin); Certified copy of priority document (within 3 months of filing of Application)
  4.  
  5. Statement justifying the Applicant’s rights to the patent, if applicant is different from inventor.
  6. Power of Authority (legalisation/ notarisation not mandatory)

In case of PCT national phase as well as Conventional  Patent Application, details of priority applications including priority patent Application number, date and country of origin must be supplied at the time of filing of Patent Application in Sri Lanka. The Certified copy of priority document must be filed within 3 months of filing of Patent Application. Where the priority application/ PCT Application was filed/ published in any language other than English, a verified/ notarised English translation of the PCT Application/ priority document must be supplied along with.

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 rejection/ Issuance of Letter Patent document

 

SRI LANKA TRADEMARKS LAW:

Sri Lanka is a member of Paris convention, therefore it is possible to file Trademark Application with conventional priority in Sri Lanka. The Conventional Application must be filed within 6 months of priority date. Sri Lanka is not a member to Madrid.  Sri Lanka follows the International Classification of Goods and Services under the Nice Agreement (Ninth Edition) and it is possible to file applications in all 45 classes in Sri Lanka. Multi class filing system is not allowed in Sri Lanka. 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.

Trademark filing requirements in Sri Lanka:

(i) Trademark Specimen
(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)

Where a conventional priority is claimed, the conventional priority details including Application no.; country and date of filing must be supplied at the time of filing of Conventional Trademark Application in Sri Lanka. The Certified copy of priority document must be supplied within 3 months of filing of conventional design Application in Sri Lanka. The Power of Attorney executed in presence of two witnesses must be supplied, notarisation or legalisation not required. Where the mark is in language other than English, an English Translation/ Transliteration of mark, must be supplied at the time of filing of Application.

Trademark Registration Process 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

 

SRI LANKA INDUSTRIAL DESIGN LAW:

Sri Lanka is member of Paris Convention, therefore, it is possible to file Conventional Patent Application in Sri Lanka. For Conventional filing the deadline for filing application is 6 months from priority date. The copyright in design is valid for 5 years and can be further renewed for two terms of 5 years each.

Industrial Design filing requirements in Sri Lanka:

(a)   Name, address and nationality of the Applicant (s)
(b)   Title of the Article

(c)   Various views of the Article (front, back top, side, bottom, including perspective views);

Where a conventional priority is claimed, the conventional priority details including Application no.; country and date of filing must be supplied at the time of filing of Conventional Design Application in Sri Lanka. The Certified copy of priority document must be supplied within 3 months of filing of conventional design Application in Sri Lanka. The Power of Attorney executed in presence of two witnesses must be supplied.