Sri Lanka Patent Filing Guide | Process, Fees & Renewal

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Patents – Reference Guide + Fee Schedule (Sri Lanka)

Patents – Reference Guide + Fee Schedule (Sri Lanka)

PCT National Phase Entry

Deadlines: 30 months from earliest priority; restoration of this term is not available.

Documents: Form P1, Specification in English, (if non-English then English translation within 3 months from the national filing/date of entry) along with Applicant and inventor details. Power of Attorney (if filed through local agent), and Deed of Assignment (if applicant is not inventor) file within 3 months from filing/entry. ISA search report must be submitted within 3 months of its issuance.

Priority Document: Must be filed at the WIPO. If not in English, translation/verification for must be filed with the 3?month.

Conventional Priority Entry

Deadlines: 12 months from earliest priority. No restoration of this term is available.

Documents: Form P1, Specification in English, (if non-English then English translation within 3 months from the national filing/date of entry) along with Applicant and inventor details.  Power of Attorney (if filed through local agent), and Deed of Assignment (if applicant is not inventor) file within 3 months from filing/entry.

Priority Document: Must submit a certified copy of the priority document within 3 months from the Sri Lankan filing date.

Other Requirements

Languages: Official language is English. Applications lodged in other languages must be accompanied by, or followed with, an English translation within 3 months of filing or national phase entry.

Power of Attorney: Simply signed and stamped original PoA required. Must be submitted at the or within 3 months from filing/national phase entry. Notarization is not required by default.

Declaration of Inventorship/Assignment Deed: A declaration by the inventor is required with the application, together with a statement justifying the applicant's right if the applicant is not the inventor. If the applicant is not the inventor, provide a signed and stamped assignment within 3 months from filing/entry.

Family Patent Information: No such requirement.

Substantive Examination Request: Examination proceeds only upon request for examination filed within 36 months from the filing date and only after 60 days from publication.

Patent Validity: Patent term is 20 years from the filing date; annuities are due annually starting from the end of the second year from the date of grant, payable each year before the filing date anniversary; late payment is possible with surcharge within 6 months.

Annual Maintenance: No annuities are due during the application phase and the first renewal falls due 24 months after the grant date. Subsequent annuities are due annually on the grant anniversary; late payment is possible with a surcharge within a 6?month grace period.

Working Statement: Does not prescribe an annual working statement filing


Reference Guide                                                            Patents – The Process

Step 1: FilingThere are various types of applications: ordinary (no priority), Paris Convention with priority (12 months from earliest priority), PCT national phase (30 months from earliest priority), and divisionals (from a pending parent per unity or scope issues); utility models are not available. No restoration for 12?month Paris or 30?month PCT entry.
Step 2: PublicationAfter formalities check, publication within 18 months. Pre?grant opposition is within 3 months post publication.

Step 3: Request for Examination

Request for examination must be filed within 36 months. No statutory restoration mechanism

Step 4: Response to Examination

The applicant must respond within the time set by NIPO in the report. Limited extension available.

Step 5: Hearings (if any)

The Patent Office does not conduct internal patent hearings
Step 6: DecisionIf granted, grant certificate is issued and the grant notice is published in the Gazette. The patentee must start annuity payments two years after grant. If refused, remedies include approaching the court system for review/appeal.
Step 7: RenewalNo annuities are due during pendency; the first renewal is due at the expiration of the second year from the grant date, effectively payable on or before the second grant anniversary. Pay annually on each grant anniversary; payments can be made annually, and multiple years can be prepaid if desired. A 6?month grace period after each due date is available with surcharge.

Fee Schedule                                                                                                  Patents

ParticularsOfficial Fee (USD)Professional Fee (USD)
Patent Search1250
Filing an application (inclusive of application, publication and registration fees)30270
Attending hearings, oppositions from third parties, handling office action, drafting and filling responses to office actions including affidavits and written submissions10300
Recording of assignments/transmissions10200

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CHAPTER V - OPPOSITION PROCEEDINGS TO GRANT OF PATENTS

The Indian Patents Act, 1970 provides a robust opposition framework that allows third parties to challenge patent applications and granted patents to ensure only valid inventions receive protection. Section 25 establishes two forms of opposition—pre-grant opposition, which may be filed by any person before a patent is granted, and post-grant opposition, which can be filed by an interested person within one year of grant. These proceedings help prevent wrongful patent monopolies, encourage transparency, and safeguard public interest by scrutinizing novelty, inventive step, patentability, disclosure requirements, and compliance with statutory obligations. The opposition system plays a critical role in maintaining the integrity and quality of the Indian patent regime.

CHAPTER VI - Anticipation

Anticipation is a fundamental concept in patent law that determines whether an invention is truly novel and eligible for patent protection. Under the Indian Patents Act, 1970, an invention may be anticipated if it has been publicly disclosed, published, claimed, or used before the filing or priority date of the patent application. However, Sections 29 to 34 provide important exceptions for disclosures made without the inventor's consent, government testing, scientific exhibitions, public trials, and provisional applications. These provisions help protect genuine inventors from losing patent rights due to unavoidable or permitted disclosures while maintaining the novelty requirements of the patent system.

CHAPTER IV - PUBLICATION, AND EXAMINATION OF APPLICATION

The Indian Patents Act, 1970 establishes a structured framework for the publication and examination of patent applications to ensure only novel and inventive technologies receive patent protection. Sections 11A to 21 govern important aspects such as publication of applications, Request for Examination (RFE), prior art searches, examination reports, divisional applications, and substitution of applicants. Recent amendments have shortened examination timelines and introduced expedited procedures for eligible applicants. Understanding these provisions is essential for inventors, startups, and businesses seeking efficient patent prosecution and successful patent grants in India.

CHAPTER XII - SURRENDER AND REVOCATION OF PATENTS

The Indian Patents Act, 1970 provides comprehensive mechanisms for surrender and revocation of patents to ensure that only valid, lawful, and socially beneficial inventions enjoy patent protection. Sections 64 to 66 outline various grounds for revocation, including lack of novelty, non-patentable subject matter, wrongful obtaining, insufficient disclosure, non-working of patents, and violations of secrecy provisions. The Act also permits post-grant opposition, compulsory licensing-related revocation, and government-led revocation in matters affecting public interest or national security. These provisions act as important safeguards against abuse of patent rights while maintaining a fair balance between innovation, competition, and public welfare.

CHAPTER XVI - WORKING OF PATENTS, COMPULSORY LICENCES AND REVOCATION

The Indian Patents Act, 1970 ensures that patents serve not only private interests but also the public good. Under Sections 83 to 94, patentees are expected to commercially work their inventions in India and make patented products reasonably accessible to the public. Where patented inventions are not adequately worked, are unaffordable, or fail to meet public demand, the law permits compulsory licensing. The Act also empowers the Controller to modify, terminate, or revoke patent rights in certain circumstances while balancing the interests of inventors, businesses, and society. These provisions are particularly significant in sectors such as pharmaceuticals, healthcare, and essential technologies, where public access is a key policy objective.

Chapter XVIII - Suits Concerning Infringement of Patent

Patent rights are meaningful only when they can be effectively enforced. The Indian Patents Act, 1970 provides a comprehensive legal framework for patent infringement actions, enabling patentees, exclusive licensees, and compulsory licensees to protect their inventions against unauthorized use. The Act outlines the jurisdiction of courts, available remedies such as injunctions, damages, and account of profits, as well as procedural safeguards including burden of proof provisions for process patents. It also recognizes important exceptions such as the Bolar exemption, parallel imports, good-faith infringement, and declaratory actions for non-infringement. Through judicial precedents and statutory protections, the Act balances the rights of patent owners with the interests of businesses, innovators, and the public.

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