Sri Lanka Consolidated Acts

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Code Of Intellectual Property Act (No. 52 of 1979) - Sect 61

Novelty

61.
(1) An invention is new if it is not anticipated by prior art.
(2) Prior art shall consist of-
(a) everything disclosed to the public, anywhere in the world, by written publication or, in Sri Lanka, by oral disclosure, by use or in any other way, prior to the filing or, where appropriate, priority date of the patent application claiming the invention ;
(b) the contents of a domestic patent application having an earlier filing or, where appropriate, priority date than the patent application referred to in paragraph (a), to the extent that such contents are included in the patent granted on the basis of the said domestic patent application.
(3) A disclosure made under subsection (2) (a) shall be disregarded-
(a) if such disclosure occurred within one year preceding the date of the patent application and if such disclosure was by reason or in consequence of acts committed by the applicant or his predecessor in title;
(b) if such disclosure occurred within six months pre ceding the date of the patent application and if such disclosure was by reason or in consequence of any abuse of the rights of the applicant or his predecessor in title.


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