Legislative Implementation of Flexibilities - Sri Lanka

Title:	Sections 71 (1) (a) (ii), (3), (4), (5) and (6), 73 (3), 75 (1), 78 (1) (d) (g) and (2), and 99 (1) (b) of the Intellectual Property Act No. 36 of 2003
Field of IP:	Patents
Type of flexibility:	Disclosure related flexibilities
Summary table:

Provisions of Law

71. (1) (a) An application for the grant of a patent shall be made to the Director-General in the prescribed form and shall contain:

(ii) a description of the patent;

(3) The description shall disclose the invention in a manner sufficiently clear and complete for the invention to be evaluated, and to be carried out by a person having ordinary skill in the relevant technology and shall, in particular, indicate the best mode known to the applicant for carrying out the invention.

(4) The claim or claims shall be clear, concise and supported by the description.

(5) Drawings shall be required when they are necessary for the understanding of the invention.

(6) The terms of any claim shall determine the scope and extent of the protection afforded by the patent, and the description and drawings may be used to interpret such claim.

Search Report 73

(3) (a) The applicant shall, at the request of the Director- General, furnish him with the following documents in respect of any foreign application for a patent filed by him abroad relating to the same or essentially the same invention as that claimed in the application filed under this Act -

(i) a copy of any communication received by the applicant concerning the results of any search or examination carried out in respect of the foreign application ;

(ii) a copy of the patent granted on the basis of the foreign application ; and

(iii) a copy of any final decision rejecting the foreign application or refusing the grant of a patent requested in the foreign application.

Amendment and division of application

75. (1) An applicant may amend the application, provided that the amendment shall not exceed the limits of the disclosure in the initial application.

Examination of applications

78. (1) The Director-General shall examine the application and shall satisfy himself as to the fulfillment of the following :

(d) the description, the claims and where applicable, the drawings, which comply with the prescribed requirements ;

(g) the search report referred to in section 73 has been submitted.

(2) 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.

Nullity of patent

99. (1) The Court may on the application of any person showing a legitimate interest, or of any Competent Authority including the Director-General, to which the owner of the patent and every assignee, licensee or sub-licensee on record shall be made party, declare the patent null and void on any one or more of the following grounds :

(b) that the description or the claims, fails to satisfy the requirements of subsections (3) and (4) of section 71;