PATENTS *

(1) Any person, whether a British subject or not, may make an application for a patent.

(2) Two or more persons may make a joint application for a patent, and a patent may be granted to them jointly. (3) An applicant may be-

(1) An application for a patent must be made in the form set forth in the First Schedule, or in such other form as may be from time to time prescribed, and must be left at the Registrar’s office in the prescribed manner.

(2) An application must contain a declaration by the applicant, or, in the case of a joint application, by one of the applicants, to the effect that the applicant or one or more of the applicants is or are in possession of an invention, whereof the applicant or one or more of the applicants claims or claim to be the true and first inventor or inventors, and for which the applicant or applicants desires or desire to obtain a patent. The application must be accompanied by either a provisional or complete specification, and must state an address in Colombo for the reception of notices and other communications with respect to the application or invention.

(3) A provisional specification must describe with reasonable precision and detail the nature of the invention and of the particular novelty whereof it consists, and be accompanied by drawings, if required.

(4) A complete specification, whether left on application or subsequently, must particularly describe and ascertain the nature of the invention and in what manner it is to be performed, and must be accompanied by drawings, if required :

Provided that the requirement as to drawings shall not be deemed to be insufficiently complied with by reason only that instead of being accompanied by drawings the complete specification refers to the drawings which accompanied the provisional specification.

(5) A specification, whether provisional or complete, must commence with the title, and in the case of a complete specification must end with a concise and distinct statement of the invention claimed in plain language.

(1) If the Registrar is of opinion, or if, after reference to an examiner, such examiner reports that the nature of the invention is not fairly described, or that the application, specification, or drawings has not or have not been prepared in the prescribed manner, or that the title does not sufficiently indicate the subject-matter of the invention, the Registrar may refuse to accept the application, or require that the application, specification, or drawings be amended before he proceeds with the application ; and in the latter case the application shall, if the Registrar so direct, bear date as from the time when the requirement is complied with.

(2) Where the Registrar refuses to accept the application or requires an amendment, the applicant may appeal from his decision to the Attorney-General.

(3) The Attorney-General shall, if required, hear the applicant and the Registrar, and may make an order determining whether and subject to what conditions, if any, the application shall be accepted.

(4) The Registrar shall, when an application has been accepted, give notice thereof to the applicant.

(5) If after an application has been made, but before the patent thereon has been sealed, another application for a patent is made, accompanied by a specification bearing the same or a similar title, the Registrar, if he think fit, on the request of the second applicant or of his legal representative, may within two months of the grant of a patent on the first application either decline to proceed with the second application or allow the surrender of the patent, if any, granted thereon.

(1) If the applicant does not leave a complete specification with his application, he may leave it at any subsequent time within nine months from the date of application, and the Registrar may, on payment of the prescribed fee, extend such time to twelve months.

(2) Unless a complete specification is left within, nine months or such extended time, the application shall be deemed to be abandoned.

(1) Where a complete specification is left after a provisional specification, the Registrar shall refer both specifications to an examiner for the purpose, of ascertaining whether the complete specification has been prepared in the prescribed manner, and whether the invention particularly described in the complete specification is substantially the same as that which is described in the provisional specification.

(2) If the Registrar is of opinion, or if, after reference to an examiner, such examiner report, that the conditions herein before contained have not been complied with, the Registrar may refuse to accept the complete specification unless and until the same shall have been amended to his satisfaction ; but any such refusal shall be subject to appeal to the Attorney-General.

(3) The Attorney-General shall, if required, hear the applicant and the Registrar, and may make an order determining whether and subject to what conditions, if any, the complete specification shall be accepted.

(4) Unless a complete specification is accepted within twelve months from the date of application, or such extended time not exceeding fifteen months from the date of application as the Registrar on payment of the prescribed fee may allow, then (save in the case of an appeal having been lodged against the refusal to accept) the application shall, at the expiration of the said twelve months, or such extended time, become void.

(5) Reports of examiners shall not in any case be published or be open to public inspection, and shall not be liable to production or inspection in any legal proceeding other than an appeal to the Attorney-General under this Ordinance, unless the court or officer having power to order discovery in such legal proceedings shall certify that such production or inspection is desirable in the interests of justice, and ought to be allowed.

(1) Where an application for a patent has been made and a complete specification has been deposited by the applicant, the examiner shall forthwith, in addition to the inquiries which he is directed to make by this Ordinance, make a further investigation for the purpose of ascertaining whether the invention claimed has been wholly or in part claimed or described in any petition or specification (other than a petition not followed by a specification or a provisional specification not followed by a complete specification) published before the date of the application and filed or deposited in Ceylon before the date of the application.

(2) If on investigation it appears that the invention has been wholly or in part claimed or described in any such petition or specification, the applicant shall be informed thereof, and the applicant may, within such time as may be prescribed, amend his specification, and the amended specification shall be investigated in the same way as the original specification.

(3) The examiner shall report the result of his investigation to the Registrar.

(4) The provisions of subsection (5) of section 8 shall apply to reports under this section.

(5) If the Registrar is satisfied that no objection exists to the specification on the ground that the invention claimed thereby has been wholly or in part claimed or described in a previous petition or specification as before mentioned, he shall, in the absence of any other lawful ground of objection, accept the specification.

(6) If the Registrar is not so satisfied, he shall after hearing the applicant, and unless his objection be removed by amending the specification to the satisfaction of the Registrar, determine whether a reference to any, and if so what prior specifications ought to be made in the specification by way of notice to the public.

(7) An appeal shall lie from the decision of the Registrar to the Attorney-General.

(8) The investigations and reports required by this section shall not be held in any way to guarantee the validity of any patent, and no liability shall be incurred by the Registrar or the examiner by reason of or in connexion with any such investigation or report or any proceeding consequent thereon.

(1) Any person may, at any time within three months from the date of the advertisement of the acceptance of a complete specification, give notice at the Registrar’s office of opposition to the grant of the patent on the ground of an applicant having obtained the invention from him, or from a person of whom he is the legal representative, or on the ground that the invention has been patented in Ceylon on application or petition of prior date, or on the ground that the complete specification describes or claims an invention other than that described in the provisional specification, and that such other invention forms the subject of an application made by the opponent in the interval between the leaving of the provisional specification and the leaving of the complete specification, but on no other ground.

(2) Where such notice is given the Registrar may require the person giving such notice to give security to an amount not exceeding rupees two hundred and fifty for the costs of the opposition, and if the security so required is not given within the said three months the opposition shall lapse.

(3) Where such notice and such security, if required, is given the Registrar shall give notice of the opposition to the applicant, and shall, on the expiration of the said three months, after hearing the applicant and the person so giving notice, if desirous of being heard, decide on the case, but subject to appeal to the Attorney-General.

(4) The Attorney-General shall, on such appeal, hear the applicant and any person so giving notice and being in the opinion of the Attorney-General entitled to be heard in opposition to the grant, and shall determine whether the grant ought or ought not to be made.

(5) The Attorney-General may, if he think fit, obtain the assistance of an expert, who shall be paid such remuneration as the Attorney-General shall determine.

(6) The Attorney-General or the Registrar, as the case may be, may, after decision, make such order as may be thought fit for the payment of costs by the applicant to the party giving notice or vice versa, and such order may be made a rule of court on an application ex parte.

(1) If there be no opposition, or, in the case of opposition, if the determination is in favour of the grant of a patent, such patent shall be sealed with the Public Seal of the Island.

(2) A patent shall be sealed as soon as may be, and not after the expiration of fifteen months from the date of application, except in the cases hereinafter mentioned, that is to say : –

(1) The term limited in every patent for the duration thereof shall be fourteen years from its date.

(2) But every patent shall, notwithstanding anything therein or in this Ordinance, cease if the patentee fail to make the prescribed payments within the prescribed times.

(3) If, nevertheless, in any case, by accident, mistake, or inadvertence a patentee fails to make any prescribed payments within the prescribed time, he may apply to the Registrar for an enlargement of the time for making that payment.

(4) Thereupon the Registrar shall, if satisfied that the failure has arisen from any of the above-mentioned causes, on receipt of the prescribed fee for enlargement not exceeding rupees one hundred, enlarge the time accordingly, subject to the following conditions : –

(5) A patentee who has applied to the Registrar for an enlargement of time as aforesaid may, if he is dissatisfied with the order of the Registrar made on such application, appeal therefrom to the Minister1 at any time within fourteen days of the date when the Registrar’s order was communicated to him.

(1) An applicant or a patentee may from time to time, by request in writing left at the Registrar’s office, seek leave to amend his specification, including drawings forming part thereof, by way of disclaimer, correction, or explanation, stating the nature of such amendment and his reason for the same. The Registrar shall refer any application under this section to the examiner for report.

(2) The request and the nature of such proposed amendment shall be advertised in the Gazette, and at any time within three months from its first advertisement any person may give notice at the Registrar’s office of opposition to the amendment.

(3) Where such notice is given the Registrar shall give notice of the opposition to the person making the request, and shall hear and decide the case, subject to an appeal to the Attorney-General.

(4) The Attorney-General shall, if required, hear the person making the request and the person so giving notice, and being in the opinion of the Attorney-General entitled to be heard in opposition to the request, and shall determine whether, and subject to what conditions, if any, the amendment ought to be allowed.

(5) Where no notice of opposition is given, or the person so giving notice does not appear, the Registrar shall determine whether, and subject to what conditions, if any, the amendment ought to be allowed.

(6) When leave to amend is refused by the Registrar, the person making the request may appeal from his decision to the Attorney-General.

(7) The Attorney-General shall, if required, hear the person making the request and the Registrar, and may make an order determining whether, and subject to what conditions, if any, the amendment ought to be allowed.

(8) No amendment shall be allowed that would make the specification, as amended, claim an invention substantially larger than or substantially different from the invention claimed by the specification as it stood before amendment.

(9) Leave to amend shall be conclusive as to” the right of the party to make the amendment allowed, except in case of fraud ; and the amendment shall in all courts and for all purposes be deemed to form part of the specification.

(10) The foregoing provisions of this section do not apply when and so long as any action for infringement or proceeding for revocation of a patent is pending.

(1) Any person interested may present a petition to the Minister1 alleging that the reasonable requirements of the public with respect to a patented invention have not been satisfied, and praying for a grant of a compulsory licence, or, in the alternative, for a revocation of the patent.

(2) The Minister [1] shall consider the petition, and if the parties do not come to an arrangement between themselves, the Minister,1 if satisfied that a prima facie case has been made out, shall refer the petition to the court, and if not so satisfied may dismiss the petition.

(3) When any such petition is referred by the Minister1 to the court, and it is proved to the satisfaction of the court that the reasonable requirements of the public with reference to the patented invention have not been satisfied, the patentee may be ordered by the court to grant licences on such terms as the court may think just, or if the court is of opinion that the reasonable requirements of the public will not be satisfied by the grant of licences, the patent may be revoked by an order of the court : Provided that no order of revocation shall be made before the expiration of three years from the date of the patent, or if the patentee gives satisfactory reasons for his default.

(4) On the hearing of any petition under this section the patentee and any person claiming an interest in the patent as exclusive licensee or otherwise shall be made parties to the proceeding, and the Attorney-General, or such other counsel as he may appoint, shall be entitled to appear and be heard.

(5) If it is proved to the satisfaction of the court that the patent is worked, or that the patented article is manufactured exclusively or mainly outside Ceylon, then, unless the patentee can show that the reasonable requirements of the public have been satisfied, the petitioner shall be entitled either to an order for a compulsory licence or, subject to the above proviso, to an order for the revocation of the patent.

(6) For the purposes of this section the reasonable requirements of the public shall not be deemed to have been satisfied if, by reason, of the default of the patentee to work his patent or to manufacture the patented article in Ceylon to an adequate extent, or to grant licences on reasonable terms-

(7) An order of the court directing the grant of any licence under this section shall, without prejudice to any other method of enforcement, operate as if it were embodied in a deed granting a licence and made between the parties to the proceedings.

(8) The Minister [1] may make, revoke, or alter rules of procedure and practice for regulating proceedings before the court under this section, and subject thereto such proceedings shall be regulated according to the existing procedure and practice in patent matters.

(9) The costs of and incidental to all proceedings under this section shall be in the discretion of the court, but in awarding costs on any application for the grant of a licence the court may have regard to any previous requests for, or offer of, a licence made either before or after the application to the court.

(10) This section shall apply to patents granted before as well as after the commencement of this Ordinance.

(1) There shall be kept at the Registrar’s office a book called the register of patents, wherein shall be entered the names and addresses of grantees of patents, notification of assignments and of transmission of patents, of licences under patents, and of amendments, extensions, and revocations of patents, and such other matters affecting the validity or proprietorship of patents as may from time to time be prescribed.

(2) The register of patents shall be prima facie evidence of any matters by this Ordinance directed or authorized to be inserted therein.

(3) Copies of deeds, licences, and any other documents affecting the proprietorship in any Letters Patent or in any licence thereunder must be supplied to the Registrar in the prescribed manner for filing in his office.

(1) A patentee may, after advertising in manner directed by any rules made under this section his intention to do so, present a petition to the Minister1 praying that his patent may be extended for a further term ; but such petition must be presented at least six months before the time limited for the expiration of the patent.

(2) Any person may enter a caveat, addressed to the Registrar of Patents, against the extension.

(3) If the Minister shall be pleased to refer any such petition to the court, the court shall proceed to consider the same, and the petitioner and any person who has entered a caveat shall be entitled to be heard by himself or by counsel on the petition.

(4) The court shall, in considering its decision, have regard to the nature and merits of the invention in relation to the public, to the profits made by- the patentee as such, and to all the circumstances of the case.

(5) If the court report that the patentee has been inadequately remunerated by his patent, it shall be lawful for the Minister1 to extend the term of the patent for a further term not exceeding seven or, in exceptional cases, fourteen years, or to order the grant of a new patent for the term therein mentioned, and containing any restrictions, conditions, and provisions that the court may think fit.

(6) It shall be lawful for the Minister [1] to make rules of procedure and practice for regulating proceedings on such petitions, and from time to time to rescind, alter, or vary any such rules, and subject thereto such proceedings shall be regulated according to the existing procedure and practice relating to pleadings in the courts.

(7) The costs of all parties of and incident to such proceedings shall be in the discretion of the court, and the orders of the court respecting costs shall be enforceable in like manner as other orders of the court.

(1) Revocation of patents may be obtained on petition to the court.

(2) Every ground on which a patent might, immediately before the 1st day of January, 1884, have been repealed in England by scire facias shall be available by way of defence to an action of infringement, and shall also be a ground of revocation.

(3) A petition for revocation of a patent may be presented by –

(4) The plaintiff must deliver with his petition particulars of the objections on which he means to rely ; and no evidence shall, except by leave of the court, be admitted in proof of any objection of which particulars are not so delivered.

(5) Particulars delivered may be from time to time amended by leave of the court.

(6) The defendant shall be entitled to begin and give evidence in support of the patent, and if the plaintiff give evidence impeaching the validity of the patent the defendant shall be entitled to reply.

(7) Where a patent has been revoked on the ground of fraud, the Registrar may, on the application of the true inventor made in accordance with the provisions of this Ordinance, grant to him a patent in lieu of and bearing the same date as the date of revocation of the patent so revoked, but the patent so granted shall cease on the expiration of the term for which the revoked patent was granted.

(1) In an action or proceeding for infringement or revocation of a patent the court may, if it think fit, or on the request of either of the parties to the proceeding, call in the aid of an assessor specially qualified and try and hear the case wholly or partially with his assistance.

(2) The remuneration, if any, to be paid to an assessor under this section shall be determined by the court and be paid in the same manner as the other expenses of the execution of this Ordinance.

(1) In an action for infringement of a patent the plaintiff must deliver with his plaint, or by order of the court at any subsequent time, particulars of the breaches complained of.

(2) The defendant must deliver with his answer, or by order of the court at any subsequent time, particulars of any objections on which he relies in support thereof.

(3) If the defendant dispute the validity of the patent, the particulars delivered by him must state on what grounds he disputes it, and if one of those grounds is want of novelty must state the time and place of the previous publication or user alleged by him.

(4) At the hearing no evidence shall, except by leave of the court, be admitted in proof of any alleged infringement or objection of which particulars are not so delivered.

(5) Particulars delivered may be from time to time amended by leave of the court.

(6) On taxation of costs regard shall be had to the particulars delivered by the plaintiff and by the defendant ; and they respectively shall not be allowed any cost in respect of any particular delivered by them, unless the same is certified by the court to have been proved or to have been reasonable and proper, without regard to the general costs of the case.

(1) If a person possessed of an invention for which he is entitled to obtain a patent die without making application for a patent for the invention, application may be made by, and a patent for the invention granted to, the legal representative of the inventor.

(2) Every such application must be made within six months of the decease of such person, and must contain a declaration by the legal representative that he believes such person to be the true and first inventor of the invention.

(a) the exhibitor must, before exhibiting the invention, give the Registrar the prescribed notice of his intention to do so ; and

(b) the application for a patent must be made before or within six months from the date of the opening of the exhibition.

(1) The inventor of any improvement in instruments or munitions of war, his executors, administrators, or assigns (who are in this section comprised in the expression ” the inventor “), may (either for or without valuable consideration) assign to the Permanent Secretary to the Ministry of Defence,1 on behalf of Her Majesty, all the benefit of the invention and of any patent obtained or to be obtained for the same, and the Permanent Secretary to the Ministry of Defence1 may be a party to the assignment.

(2) The assignment shall effectually vest the benefit of the invention and patent in the Permanent Secretary to the Ministry of Defence1 on behalf of Her Majesty, and all covenants and agreements therein contained for keeping the invention secret and otherwise shall be valid and effectual (notwithstanding any want of valuable consideration), and may be enforced accordingly by the Permanent Secretary to the Ministry of Defence1 for the time being.

(3) Where any such assignment has been made to the Permanent Secretary to the Ministry of Defence1 he may at any time before the application for a patent for the invention, or before publication of the specification or specifications, certify to the Registrar his opinion that, in the interest of the public service, the particulars of the invention and of the manner in which it is to be performed should be kept secret.

(4) If the Permanent Secretary to the Ministry of Defence1 so certify, the application and specification or specifications, with the drawings, if any, and any amendment of the specification or specifications and any copies of such documents and drawings, shall, instead of being left in the ordinary manner at the Registrar’s office, be delivered to the Registrar in a packet sealed by authority of the Permanent Secretary to the Ministry of Defence.

(5) Such packet shall, until the expiration of the term or extended term during which a patent for the invention may be in force, be kept sealed by the Registrar, and shall not be opened save under the authority of an order of the Permanent Secretary to the Ministry of Defence1 or of the Attorney-General.

(6) Such sealed packet shall be delivered at any time during the continuance of the patent to any. person authorized by writing under the hand of the Permanent Secretary to the Ministry of Defence1 to receive the same, and shall, if returned to the Registrar, be again kept sealed by him.

(7) On the expiration of the term or extended term of the patent such sealed packet shall be delivered to any person authorized by writing under the hand of the Permanent Secretary to the Ministry of Defence1 to receive it.

(8) Where the Permanent Secretary to the Ministry of Defence1 certifies as aforesaid after an application for a patent has been left at the Registrar’s office, but before the publication of the specification or specifications, the application, specification, or specifications, with the drawings, if any, shall be forthwith placed in a packet sealed by authority of the Registrar, and such packet shall be subject to the foregoing provisions respecting a packet sealed by authority of the Permanent Secretary to the Ministry of Defence.”

(9) No proceeding by petition or otherwise shall lie for revocation of a patent granted for an invention in relation to which the Permanent Secretary to the Ministry of Defence2 has certified as aforesaid.

(10) No copy of any specification or other document or drawing, by this section required to be placed in a sealed packet, shall in any manner whatever be published or open to the inspection of the public, but, save as in this section otherwise directed, the provisions of this Ordinance shall apply in respect of any such invention and patent as aforesaid.

(11) The Permanent Secretary to the Ministry of Defence1 may, at any time by writing under his hand, waive the benefit of this section with respect to any particular invention, and the specifications, documents, and drawings shall be thenceforth kept and dealt with in the ordinary way.

(12) The communication of any invention for any improvement in instruments or munitions of war to any person or persons authorized in that behalf by the Minister of Defence,8 to investigate the same or the merits thereof, shall not, nor shall anything done for the purpose of the investigation, be deemed use or publication of such invention so as to prejudice the grant or validity of any patent for the same.

(1) Any person who has applied for protection of any invention in the United Kingdom, or in any foreign state with the Government of which Her Majesty has made an arrangement under, or which has force as if it has been made under, section 91 of the Patents and Designs Act, 1907, for the mutual protection of inventions, shall be entitled to a patent for his invention, under this Ordinance, in priority to other applicants ; and such patent shall take effect from the same date as the date of the application in the United Kingdom, or such foreign state, as the case may be.

(2) Such application shall be made within twelve months from such person applying for protection in England or the foreign state with which the arrangement is in force.

(3) The application shall be accompanied by a complete specification, which, if it be not accepted within the period of twelve months, shall, with the drawings, if any, be open to public inspection at the expiration of that period.

(4) Nothing in this section contained shall entitle the patentee to recover damages for infringements happening prior to the date of the actual acceptance of his complete specification in Ceylon.

(5) The publication in Ceylon during the period aforesaid of any description of the invention, or the use therein during such period of the invention, shall not invalidate the patent granted for the invention.

(6) The application for the grant of a patent under this section shall be made in the same manner as an ordinary application under this Ordinance.

(7) The provisions of this section shall apply only in the case of those foreign states with respect to which Her Majesty, by Order in Council, shall have declared that the provisions of section 91 of the Patents and Designs Act, 1907, or the corresponding provisions of any enactment repealed by such Act, are to be applicable, and so long only, in the case of each state, as such Order in Council continues in force with respect to that state.

(1) Whenever it appears to the Governor-General [3]that the Legislature of any British possession has made satisfactory provision for the protection in such possession of inventions patented in Ceylon, the Governor-General3 may by Order apply-all or any of the provisions of section 48 relating to the protection of inventions patented in England, with such variations or additions, if any, as to the Governor-General 3 shall seem fit, to inventions patented in such British possession.

(2) An Order under this section shall, from a date to be mentioned for the purpose in the Order, take effect as if its provisions had been contained in this Ordinance, but the Governor-General3 may revoke any such Order.