The patent owner has the exclusive right to prevent or stop others from commercially exploiting the patented invention. In other words, patent protection means that the invention cannot be commercially made, used, distributed, imported or sold by others without the patent owner’s consent.

Patents are territorial rights. In general, the exclusive rights are only applicable in the country or region in which a patent has been filed and granted, in accordance with the law of that country or region.

The protection is granted for a limited period, generally 20 years from the filing date of the application. The patent must be renewed annually from the expiration of the second year from the date of grant by paying a fee.

An invention is patentable if it is:
(a) new (not known in the existing knowledge);
(b) industrially applicable (functional and operative) and;
(c) involves an inventive step (the development or improvement is not obvious to a person of average skill in the particular field)

• Discoveries, scientific theories and mathematical methods;
• Plants, animals, microorganisms other than transgenic microorganisms and an essentially biological processes for the production of plants and animals other than non-biological and microbiological processes;
• 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 practised 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 the environment.

A patent is valid only in the country where it is granted. As Sri Lanka is a member of the Paris Convention for the protection of industrial property, Sri Lankans can obtain patents for their inventions in any member country of the Paris Convention under the national law of the relevant country. Almost all the countries are members of this convention. Applicants can claim priority under the Paris Convention for the protection of Industrial Property in its member countries which means that claiming the effect of initial filing date in subsequent filing in other member states (if filed within 1 year from the date of application in Sri Lanka).

All Sri Lankan nationals or residents can apply under the Patent Cooperation Treaty (PCT) administered by World Intellectual Property Organisation (WIPO) in Geneva. You may apply for a patent in many countries (Member Countries of PCT) by filing a single application to WIPO. Countries which the applicant intends to file a national application letter should be designated in the PCT application. PCT filing is a simpler procedure than making several applications in many countries. PCT application has the same effect as a national application filed in the designated countries (For more details log on to www.wipo.int).