PCT Applicant's Guide Sri Lanka EQE - Valid as from 31 Oct 2023

Materials for the European Qualifying Examination (EQE)
Special edition as of 31 October 2023, prepared for EQE candidates

Useful information

The PCT Applicant’s Guide is updated almost every week with information received by the International Bureau.

In case of question, please contact the Office or the International Bureau (pct.guide@wipo.int).

List of abbreviations used in this document:

Office: National Intellectual Property Office of Sri Lanka

IPA: Intellectual Property Act No. 36 of 2003

IPR: Intellectual Property Regulations

List of currencies used in this document:

LKR (Sri Lanka Rupee)

Countries and Offices information:

The list of acronyms used for Offices is no longer shown as it has been integrated in the mouseover functionality for each ST.3 code shown in this document.
Refer to List of WIPO Standards, Recommendations and Guidelines formerly Annex K, List of country names and two-letter codes. It includes a list of short names and two-letter codes accepted for use in indicating States, other entities and intergovernmental organizations and their Offices in documents relating to international applications under the PCT. The list is as set out in WIPO Standard ST.3.
Also refer to PCT Contracting States formerly Annex A.

Office profile

For more technical information about the Office, refer to ePCT Office profile.

PCT Reservations, Declarations, Notifications and Incompatibilities

The Office does not have any reservations, declarations, notifications or incompatibilities.
Refer to the full list.

Office Closed dates

The Office is closed weekly on Saturday and Sunday

Additional closed dates can be consulted on the Office Closed dates page

International Phase

Annex B - Information on Contracting States or Intergovernmental Organization

Contracting State:

Sri Lanka

Two-letter code:

Name of Office:

National Intellectual Property Office of Sri Lanka

Location:

“Samagam Medura,” 3^rd Floor
400 D.R. Wijayawardana Mawatha
Colombo 10
Sri Lanka

Mailing address:

Same as above

Telephone:

(94-11) 268 93 68

E-mail:

nipos@sltnet.lk

Website:

http://www.nipo.gov.lk

Facsimile:

(94-11) 268 93 67

Does the Office accept the filing of documents by facsimile or the like means (PCT Rule 92.4)?

Would the Office accept evidence of mailing a document, in case of loss or delay, where a delivery service other than the postal authorities is used (PCT Rule 82.1)?

Is the Office prepared to allow applicants to make applications available to the WIPO Digital Access Service for Priority Documents (DAS) (PCT Rule 17.1(b-bis)?

Competent receiving Office(s) for international applications filed by nationals or residents of this State:

Refer to corresponding Annex C

Competent designated (or elected) Office(s) for this State:

Refer to corresponding National Phase.

Types of protection available via the PCT:

Patents

Availability under the national law for an international-type search (PCT Article 15):

Section 73 of the Code of Intellectual Property Act No. 36 of 2003, Regulation No. 48 of the Intellectual Property Regulations

Provisional protection after international publication:

None

Information of interest if this Contracting State is designated (or elected)

Time when the name and address of the inventor must be given:

Must be in the request. If the data concerning the inventor are missing at the expiration of the time limit applicable under PCT Article 22 or 39(1), the Office will invite the applicant to comply with the requirement within a time limit fixed in the invitation.

Are there special provisions concerning the deposit of microorganisms and other biological material?

Annex C - Receiving Office

The Office does not act as receiving Office

This Office has delegated its RO functions to RO/IB. Refer to Annex C(IB) for more information.

National Phase

Summary of requirements for entry into the national phase

Time limits applicable for entry into the national phase:

Under PCT Article 22(1): 30 months from the priority date
Under PCT Article 39(1)(a): 30 months from the priority date

Translation of international application required into (one of) the following language(s):

Must be furnished within the time limit applicable under PCT Article 22 or 39(1)

English

Required contents of the translation for entry into the national phase:

Must be furnished within the time limit applicable under PCT Article 22 or 39(1)

Under PCT Article 22: Description, claims (if amended, both as originally filed and as amended, together with any statement under PCT Article 19), any text matter of drawings, abstract

Under PCT Article 39(1): Description, claims, any text matter of drawings, abstract (if any of those parts has been amended, both as originally filed and as amended by the annexes to the international preliminary examination report)

Is a copy of the international application required in particular circumstances?

National fees:

If not already complied with within the time limit applicable under PCT Article 22 or 39(1), the Office will invite the applicant to comply with the requirement within a time limit fixed in the invitation.

This fee is subject to value added tax (VAT) of 15%

Application fee

Students 1,150 LKR

Natural persons 2,875 LKR

Others 6,900 LKR

Exemptions, reductions or refunds of fees:

Reductions of the national fee are indicated under the national fee listed above and in Annex LK.I

Special requirements of the Office (PCT Rule 51bis):

Name and address of the inventor if they have not been furnished in the “Request” part of the international application ¹

Statement justifying the applicant’s right to the patent where the applicant is not the inventor ¹

Appointment of an agent if the applicant is not resident in Sri Lanka

Who can act as agent?

Any person registered to practice as a patent agent before the Office (Sec. 58(1) of the Intellectual Property Regulations)

Does the Office accept requests for restoration of the right of priority (PCT Rule 49ter.2)?

Yes, please refer to the Office for the applicable criteria and/or any fee payable for such requests

The procedure in the national Phase

LK.01 TRANSLATION (CORRECTION)

Errors in the translation of the international application can be corrected with reference to the text of the international application as filed (refer to National Phase, paragraphs 6.002 and 6.003).

LK.02 FEES (MANNER OF PAYMENT)

The manner of payment of the fees indicated in the Summary and in this Chapter is outlined in Annex LK.I.

LK.03 POWER OF ATTORNEY

IPA Sec. 68(1)(b)
An agent must be appointed by filing a power of attorney. A model is given in Annex LK.II.

LK.04 STATEMENT CONCERNING THE RIGHT TO THE PATENT

IPA Sec. 68(2)(b), IPR Rule 38
The statement justifying the applicant’s right to the patent, where he is not the inventor, must be made by the applicant or his agent and indicate how the applicant acquired the right to the patent. There is no special form for this statement. Legalization is not required.

LK.05 ANNUAL FEES

IPA Sec. 80(2)
After a patent has been granted, annual fees must be paid to the Office. The first annual fee is due in respect of the third year counted from the date of grant and must be paid before the expiration of the second year counted from that date. The annual fees for subsequent years must be paid within the year which precedes the year for which the fee is due. Payment can still be made, together with a 10% surcharge for late payment, within six months after the due date. The amounts of the annual fees are indicated in Annex LK.I.

LK.06 AMENDMENT OF THE APPLICATION; TIME LIMITS

PCT Art. 28, PCT Art. 41, IPA Sec. 72(1)
Until the grant of the patent, the applicant may make amendments to the international application (description, claims and drawings) at any time, provided that the scope of the subject matter of the application is not broadened thereby. Amendments are subject to the payment of a fee (refer to Annex LK.I).

LK.07 REVIEW UNDER ARTICLE 25 OF THE PCT

PCT Art. 25, PCT Rule 51
The applicable procedure is outlined in paragraphs 6.018 to 6.021 of the National Phase. If, upon review under PCT Article 25, the Office denies an error or omission on the part of the receiving Office or the International Bureau, an appeal against this decision may be lodged with the Court of Appeal within three months from the date of the decision or such extended period as the Office may grant.

LK.08 EXCUSE OF DELAYS IN MEETING TIME LIMITS

PCT Art. 24(2), PCT Art. 48(2), PCT Rule 82bis
Reference is made to paragraphs 6.022 to 6.027 of the National Phase. Restoration of rights may be requested where the applicant has failed to observe a time limit during the international phase or before the Office. A request to waive the requirement which was not observed is also possible. Any such request must state the reasons for missing the time limit or for the failure to observe a requirement and must be accompanied by evidence in support of the statements made.

Annexes

Annex LK.I - Fees

Fees are subject to value added tax (VAT) of 15%.

National application fee:

— Students (School, technical and other similar Colleges and University undergraduates)

1,150 LKR

— Natural persons

2,875 LKR

— Others

6,900 LKR

Fee for amendment

1,150 LKR

Annual fees:

— for the 1^st extension

4,600 LKR

— for the 2^nd extension

5,750 LKR

— for the 3^rd extension

8,050 LKR

— for the 4^th extension

9,200 LKR

— for the 5^th extension

11,500 LKR

— for the 6^th extension

13,800 LKR

— for the 7^th extension

16,100 LKR

— for the 8^th extension

18,400 LKR

— for the 9^th extension

20,700 LKR

— for the 10^th extension

23,000 LKR

— for the 11^th extension

25,300 LKR

— for the 12^th extension

26,450 LKR

— for the 13^th extension

28,750 LKR

— for the 14^th to the 18^th extension (each)

40,250 LKR

Surcharge for late payment of annual fee

10% of the fee due

How can payment of fees be effected?

Fees may be paid in cash, by check, money order or postal order drawn in favor of the “Director General of Intellectual Property”. Fees paid by persons not residing in Sri Lanka must be remitted to the Office by way of bank draft drawn in favor of the Director General of Intellectual Property

Forms

The following documents are maintained by the Office. Refer to the Office website (Annex B) for latest version and other languages.

Annex LK.II - Power of attorney

Notes:
¹ ^a ^bThis requirement may be satisfied if the corresponding declaration has been made in accordance with PCT Rule 4.17.

Processing

LK - Sri Lanka
National Intellectual Property Office of Sri Lanka