About Patent Law in Colombo, Sri Lanka
Patent law in Colombo, Sri Lanka, works under the larger framework of the Intellectual Property Act No. 36 of 2003. The Act details the rights granted to inventors for their creations, from the process of patent application, examination, granting, through to validity and infringement issues. Sri Lanka adheres to the 'First to File' system meaning that inventors who first file their patent application will have the right to the patent. The validity term of a patent in Sri Lanka is 20 years from the date of filing.
Why You May Need a Lawyer
Patent law can be complex and navigating the patent application process requires knowledge and expertise. You may need a lawyer to help prepare your patent application, handle patent disputes, or represent you in patent infringement cases. Furthermore, a lawyer can provide counsel in interpreting patent laws, guidance on maintaining and renewing the patent, and in actions of license and transfer.
Local Laws Overview
The key aspects of patent law in Colombo include: novelty, inventive step, and industrial applicability. It is necessary for an invention to be new, involve an inventive step, and capable of industrial application, to be eligible for a patent. Moreover, Sri Lanka follows the 'Absolute Novelty' standard and the Paris Convention for protection of industrial property. The law does not permit the patenting of inventions which are contrary to public order or morality.
Frequently Asked Questions
What should my invention offer to be patentable in Colombo?
Your invention should be new, involve an inventive step (not obvious), and capable of industrial application.
How long does a patent last in Colombo, Sri Lanka?
A patent in Sri Lanka lasts for 20 years from the date of filing the application.
What happens if someone infringes on my patent rights in Colombo?
If someone infringes on your patent rights, you can ask a court for relief in the form of a temporary or permanent injunction, as well as damages and/or the infringer’s profits.
Do I need to renew my patent?
Yes, a patent in Sri Lanka needs to be renewed annually, starting from the end of the second year from the filing date.
Can I license or transfer my patent rights?
Yes, a patent, being a property right, may be assigned, licensed, or mortgaged.
Additional Resources
The National Intellectual Property Office (NIPO) of Sri Lanka is a great resource for anyone in need of information about patents. Additionally, the Intellectual Property Act, generally available online, can be a valuable documentation of the legal provisions.
Next Steps
If you need legal assistance with patents, consider consulting a lawyer who specializes in intellectual property, particularly in patents. They can help you understand the complexity of the patent system, guide you throughout the process, and ensure that your rights are protected.
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frequently, and interpretations of the law can vary. Therefore, you should consult with qualified legal
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