United States of America
Sri Lanka
Patents (including Plant Variety Protection)
15. Please describe in detail the way in which the patent law of Sri Lanka implements Article 27 of the TRIPS Agreement, indicating any exceptions provided for, and including details regarding the protection for micro-organisms and non-biological and microbiological processes and plant varieties. Please cite to the relevant provisions of the law.
Section 59(1) of the Code provides: "(1) 'Invention' means an idea of an inventor, which permits in practice the solution to a specific problem in the field of technology; (2) An invention may be, or may relate to, a product or process; (3) The following, notwithstanding they are inventions within the meaning of subsection (1), shall not be patentable: (a) discoveries, scientific theories and mathematical methods; (b) plant or animal varieties or essentially biological processes for the production of plants or animals, other than micro-biological processes and the products of such processes; (c) schemes, rules or methods for doing business, performing purely mental acts or playing games; (d) methods for the treatment of the human or animal body by surgery or therapy, and diagnostic methods practised on the human or animal body; Provided, however, that this paragraph shall not apply to the products used in any such methods."