Trademark and patent registration in Sri Lanka are governed by specific laws and procedures. Here is an overview of what you need to know.
Trademark Registration in Sri Lanka
- Governing Law:
Trademark registration in Sri Lanka is governed by the Intellectual Property Act No. 36 of 2003.
- What Can Be Registered:
Trademarks can include any sign capable of distinguishing the goods or services of one enterprise from those of another. This includes words, names, symbols, logos, designs, or any combination of these.
- Registration Process:
- Search: It is advisable to conduct a trademark search to ensure that your proposed mark is not already registered or in use.
- Application: Submit an application to the National Intellectual Property Office (NIPO) of Sri Lanka. The application must include:
- The applicant’s name and address.
- A clear representation of the mark.
- A list of the goods or services for which the mark is to be used.
- Examination: NIPO will examine the application to determine whether it complies with the requirements of the law. They will check for potential conflicts with existing trademarks.
- Publication: If the application passes the examination, the trademark will be published in the government gazette.
- Opposition Period: After publication, there is a 3-month period during which any third party may file an opposition to the registration.
- Registration: If there is no opposition or if the opposition is resolved in favour of the applicant, the trademark will be registered, and a certificate of registration will be issued.
- Duration:
The initial registration is valid for 10 years from the date of application and can be renewed indefinitely for successive 10-year periods.
- Cost:
The cost varies depending on the number of classes of goods/services for which the trademark is being registered and whether any opposition arises.
Patent Registration in Sri Lanka
- Governing Law:
Patent registration is governed by the Intellectual Property Act No. 36 of 2003.
- What Can Be Patented:
- An invention is patentable if it is new, involves an inventive step, and is industrially applicable. This includes products or processes.
- Certain inventions, such as methods for treatment of the human or animal body, plants, and animals (other than microorganisms), and purely theoretical methods, are not patentable.
- Registration Process:
- Search: It is advisable to conduct a search to ensure the invention is novel and does not conflict with existing patents.
- Application: Submit an application to NIPO, which must include:
- A request for the grant of a patent.
- A description of the invention.
- Claims defining the scope of the patent protection sought.
- Abstract summarising the invention.
- Any drawings referred to in the description.
- Examination: The application undergoes a preliminary examination to ensure all required documents are submitted. Substantive examination involves assessing the patentability of the invention.
- Publication: If the application is in order, the patent will be published in the government gazette.
- Opposition Period: There is a 6-month period after publication during which any third party may oppose the grant of the patent.
- Grant of Patent: If there is no opposition or if the opposition is resolved in favour of the applicant, the patent is granted and a certificate of grant is issued.
- Duration:
A patent is granted for a 20-year period from the filing date, provided the annual renewal fees are paid.
- Cost:
The cost of obtaining a patent varies depending on the nature of the invention, the length of the patent specification, and whether any opposition arises.
- Maintenance:
Annual renewal fees must be paid to keep the patent in force.
Additional Notes:
- Legal Assistance: It is highly recommended to seek assistance from experienced intellectual property lawyers in Sri Lanka to navigate the registration process, especially for complex inventions or trademarks. You can easily find a good trademark and patent lawyer by searching online for “intellectual property lawyers near me”.
- International Protection: For those interested in protecting their trademarks or patents internationally, Sri Lanka is a member of the Madrid Protocol (for trademarks) and the Patent Cooperation Treaty (PCT) for patents, allowing for streamlined international applications.
This overview should help you understand the key steps and considerations for registering trademarks and patents in Sri Lanka.
