1. An application for the grant of a patent shall be made to the Director-General in the prescribed form and shall contain:
2. Every person that is giving an application has to furnish a report of a search in the time that is prescribed by the authorities. The applicant can also request the Director-General to refer his application to an examiner who shall do the required examination with due regard to the description and the drawings, if any, and furnish a report to the Director-General within the prescribed period. for the purposes of the search, the examiner shall make reference to every documentation on prior art available to him.
Following are not patentable:
On examining the Patent application, when Director-General is convinced that the Patent fulfills 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 the Gazette.
A 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 a 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.