Following are not patentable:
(a) discoveries, scientific theories and mathematical methods;
(b) plants, animals and other micro organism other than transgenic micro organism and an essentially biological process for the production of plants and animals other than non-biological and microbiological processes : Provided however, that a patent granted in respect of micro-organisms shall be subject to the provisions of this Act;
(c) schemes, rules, or methods for doing business, performing purely mental acts or playing games;
(d) methods for the treatment of the human or animal body by surgery or therapy, and diagnostic methods practiced on the human or animal body : Provided however, any product used in any such method shall be patentable;
(e) an invention which is useful in the utilization of special nuclear material or atomic energy in an atomic weapon ; Definition of invention. 50 Intellectual Property Act, No. 36 of 2003;
(f) any invention, the prevention within Sri Lanka of the commercial exploitation of which is necessary to protect the public order, morality including the protection of human, animal or plant life or health or the avoidance of serious prejudice to the environment.
(1) The right to a patent shall belong to the inventor, keeping in mind that no prior patent’s rights are being used while making an application for this patent. If yes, then proper permissions have to be taken according to the prescribed provisions of the Act.
(2) Where two or more persons have jointly made an invention, the right to a patent shall belong to them jointly.
(3) If and to the extent to which two or more persons have made the same invention independently of each other, the person whose application has the earliest filling date or, if priority is claimed, the earliest validly claimed priority date, shall have the right to the patent, so long as that application is not withdrawn, abandoned or rejected.
On examining the Patent application, when Director General is convinced that the Patent fulfils all the requirements as specified in the statute, then the applicant is issued a certificate for grant of the patent together with a copy of the patent documents including the search report. The grant of Patent, shall then be published in published in the Gazette.
Patent shall expire twenty years after the filing date of application for its registration.
Section 99 provides that 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 :—
a) subject not being an invention and do not satisfy with the requirement as per the Patent Act of Sri Lanka
b) that the description or the claims of the subject, fails to satisfy the requirements of the Statute or
c) that any drawings required for the understanding of the claimed invention have not been furnished ;
d) that the right to the patent belongs to a person other than the person to whom the patent was granted.