National Phase .


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WIPO Effective Utilization Of Search results And Communications Derived from The Patent Cooperation Treaty (PCT) System In National / Regional Phase  in Tokyo, Japan.

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National Phase .

  1. 1. NATIONAL INTELLECTUAL PROPERTY OFFICE OF SRI LANKA. February 27- March 01, 2013. WIPO Effective Utilization Of Search results And Communications Derived from The Patent Cooperation Treaty (PCT) System In National / Regional Phase in Tokyo, Japan. W.P.Gayani Lasantha. B.A. (Hon) in Library & Information Science. (UoK) ,MscIT.(UoM) National Intellectual Property Office of Sri Lanka.
  2. 2. Intellectual Property System Copyright & Related Rights Industrial Property Patent Trade Marks Books, music, paintings And sculptures, films and technology-based works such as computer programs and electronic databases Industrial Designs Geographical Indications Undisclosed Information Integrated Circuits/ Layout Designs New Verities of Plants 2
  3. 3. IP Act & Patent Right  The Law related registration & enforcement of patent is contained in the Intellectual property Act no.36 of 2003 &  Regulations made under sec. 204 of the above Act.  An Invention is a solution to a problem in technology.  It may relate to a product or a process.  An Invention is patentable. If it is,    New. Industrially applicable. Involves an inventive steps. 3
  4. 4. Patent System The right of the patent shall belong to the inventor.  Inventor Can make an application Individually, jointly or through an IP agent.   An invention made in the performance of a contract of employment shall in the absence of any provision to the contrary in the contract of employment be deemed to accrue to employer or the person who commissioned the work. 4
  5. 5. What Cannot be Patented; Discoveries, scientific theories and mathematical methods.  Plants, animals micro organisms other than transgenic micro organisms and an essentially biological process for the production of plants and animals other than non biological and micro-biological processes.  5
  6. 6. What Cannot be Patented;  Schemes, rules or methods for doing business, performing purely mental acts or playing games.  Methods for treatment of human or animal body by surgery or therapy and diagnostic methods practiced on human or animal body.  inventions which are necessary to protect public order, morality including human animal or plant life, health, or to avoid serious prejudice to environment. 6
  7. 7. Patent Information Information Desk  Over the phone  Office website  Internet  7
  8. 8. How to apply? Make an application to the IP office using the prescribed form P1.  Application form shall contain,        A request for the grant of the patent. A description. A claim or claims. A drawings ,where required; An abstract. Pay the prescribed fee. 8
  9. 9. How to Apply ? Is an invention within the meaning of the relevant section.  Title describes the invention in a sufficient manner.  Whether claims describe the invention in a clear, concise and sufficient manner.  International Patent Classification.  9
  10. 10. How to apply?  Submit a search report prepared by an International searching authority or alternatively request the IP office to forward your invention to a local examiner for search report.  An overseas applicants shall be represented by an agent resident in Sri Lanka. 10
  11. 11. How to Examine?  Examine the application to ensure that the formalities contained in the Act are satisfied & ISR (International Search Report) available, * Patent will be granted. * If the ISR is not available, the invention will be made available to the public before the grant.  If formal requirements are not fulfilled, May request the applicant to fill the required correction within 3 months.  If an application filed with an ISR in non Patentable matter, It May be refused. 11
  12. 12. Amendments Allowed to amend an application subject to prescribed fee.  Should not go beyond the earlier discloser.  Within three months from the notification.  12
  13. 13. Patent Registration Process Filing an application •Description •Claims •Abstract •(When Necessary) drawings ISR •Novelty •Inventive Step •Industrial applicability Grant of Patent Corrections Formality Examination Substantive Examination Refused for the absence of patentability requirements Amendments Publication in the Govt, Gazette Challenged the intended grant in court 13
  14. 14. Patent Registration Process 14
  15. 15. Publication To inform the public about the possibility of granting a patent.  No patent inquiries held at the office.  (Opposition) Must go before the courts within 3 months from the publication date.  15
  16. 16. Granted Patent..  Include, The name & the address of the inventor.  The name & the address of the agent, if any;  The symbol of the International patent Classification.  The date & if any number of the ISR& the name of the institution issuing the report.  16
  17. 17. Patent Certification Sinhala. English 17
  18. 18. Patent Right A patent is valid for 20 years from the date of application.  After 2 years from the date of grant, patent should be renewed annually.  It is valid only in the granted country.  Sri Lanka is a member of the Paris Convention & Sri Lankan can obtain protection under the Paris Convention.  18
  19. 19. Patent Right  Priority can be claimed within one year from the date of local application in in other member countries.  Local Applicants can apply under the Patent cooperation treaty (PCT) administered by WIPO in Geneva.  In a PCT application of Sri Lanka is a designated country, The application should enter the National phase. 19
  20. 20. Patent Related Works. There is provision contained in the Act for license contracts to be entered into.  An agreement shall be signed by both parties and may be filed with the Director with the prescribed fee.  20