Intellectual Property
Intellectual property (IP) protection is the legal framework that helps to protect creations of the mind, such as inventions, literary and artistic works, and symbols, names, and images used in commerce. There are several types of IP protection, including patents, trademarks, and copyrights, which are used to prevent others from using, distributing, or selling an individual's or company's intellectual property without permission. IP protection is important because it helps to incentivize innovation and creativity by allowing individuals and companies to benefit from their creations. It also helps to foster a fair and competitive marketplace by preventing others from unfairly profiting from the hard work and ingenuity of others.
Patent
A patent is an exclusive right granted for an invention, which is a product or a process that provides, in general, a new way of doing something, or offers a new technical solution to a problem. To get a patent, technical information about the invention must be disclosed to the public in a patent application.
Copyright
The domain of copyright is the protection of literary and artistic works. These include writings, music, and works of the fine arts, such as paintings and sculptures, and technology-based works such as computer programs and electronic databases.
Trademark
A trademark is a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises.
Industrial Designs
It is the ornamental or aesthetic aspect of an article. It does not have any functional character. A design can be three dimensional such as shape of an article (design for a toy, bottle, jewellery or chair etc.) or two dimensional such as pattern or lines. (Design for a greeting card etc).
What can be Patented?
An invention is patentable if it (a) is 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.) A patent may be granted to an improvement of a valid patented invention. But when it is being used, there is a possibility of infringing the rights of the owner of the first patent. Therefore, it is advisable to negotiate with the holder of the first patent prior to use.
What is not Patentable?
Discoveries, scientific theories and mathematical methods;
Plants, animals, microorganisms other than transgenic microorganisms and an essentially biological process for the production of plants and animals other than non-biological and micro-biological 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 practiced 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 environment.
How is a Patent granted?
An application can be filed at the National Intellectual Property Office using the prescribed application form. A document should be submitted with the application form describing the invention clearly and completely along with the claims and the prescribed fee. A search report prepared by an International Searching Authority (ISA) or alternatively, a request can be made to the IP Office to refer the application to a local patent examiner for a search report.
The IP Office will examine the application and the documents as to the requirements of the IP Act.
If formal requirements are fulfilled and the application is filed along with relevant documents, the examination will be carried out to ascertain novelty.
If the patent application fulfils the criteria for patentability, the patent will be granted.
The accepted applications will be published in the government gazette and patents will be granted, if there are no oppositions against the granting of the Patent.
How to protect inventions abroad?
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. Applicant can claim priority under the Paris Convention for the protection of Industrial Property in its member countries which means claiming the effect of the initial filing date in a 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 Organization (WIPO) in Geneva. You may apply for a patent in many countries (Member Countries of PCT) by filing single application to WIPO. Counties in which the applicant intends to file a national application later 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)