Sri Lanka Consolidated Acts

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Code Of Intellectual Property Act (No. 52 of 1979) - Sect 68

Requirements of application

68.
(1)
(a) An application for the grant of a patent shall be made to the Registrar in the prescribed form and shall contain-
(i) a request for the grant of the patent;
(ii) a description;
(iii) a claim or claims;
(iv) a drawing or drawings, where required;
(v) an abstract.
(b) Where the applicant's ordinary residence or principal place of business is outside Sri Lanka, he shall be represented by an agent resident in Sri Lanka whose name and address shall be given in the application, and the application shall be accompanied by a power of attorney granted to such agent by the applicant:
(c) The application may be accompanied by a declaration signed by the inventor, giving his name and address and requesting that he be named as such in the patent.
(2)
(a) The request shall contain-
(i) a petition that the patent be granted ;
(ii) the title of the invention;
(iii) the name, address, description and any other prescribed information concerning the applicant, the inventor and the agent, if any.
(b) Where the applicant is not the inventor, the request shall be accompanied by a statement justifying the applicant's right to the patent.
(c) The Registrar shall send a copy of the statement referred to in paragraph (b) to the inventor who shall have the right to inspect the application and to receive on payment of the prescribed fee, a copy thereof.
(3) The description shall disclose the invention in a manner sufficiently clear and complete for the invention to be evaluated, and to be carried out by a person having ordinary skill in the art, and shall, in particular, indicate the best mode known to the applicant for carrying out the invention.
(4) The claim or claims shall be clear, concise and supported by the description.
(5) Drawings shall be required when they are necessary for the understanding of the invention.
(6) The terms of the claim or claims shall determine the scope and extent of the protection afforded by the patent and the description and drawings may be used to interpret the claim or claims.
(7) The abstract shall serve the purpose of technical information and shall not be used for the purpose of deter mining or interpreting the scope and extent of the protection afforded by the patent.


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