95.
| (1) The Court may on the application of any person showing a legitimate interest, or of any competent authority including the Registrar, to which the owner of the patent and every assignee, licensee or sub-licensee on record shall be made party, declare the patent null and void on any one or more of the following grounds: -
| | (a) that what is claimed as an invention in the patent is not an invention within the meaning of section 59 (1), or is excluded from protection under section 59 (3) or section 78 (1) or is not patentable because it does not comply with the requirements of sections 60 to 63 ; or | | |
| | (b) that the description or the claims do not comply with the requirements of section 68 (3) and (4) ; or | | |
| | (c) that any drawings which are necessary for the understanding of the claimed invention have not been furnished; or | | |
| | (d) that the right to the patent does not belong to the person to whom the patent was granted : | | |
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| (2)
| | (a) Where the provisions of subsection (1) apply only to some of the claims or some parts of a claim, such claims or parts of a claim may be declared null and void by the court. | | |
| | (b) The nullity of part of a claim shall be declared in the form of a corresponding limitation of the claim in question. | | |
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| (3)
| | (a) An assignee, licensee or sub-licensee, as the case may be, who has been made party to the application under subsection (1) shall be entitled to join in the proceedings in the absence of any provision to the contrary in any contract or agreement with the owner of the patent. | | |
| | (b) Where the application to Court is on the ground referred to in subsection (1) (d), the applicant shall give notice of the application to the person to whom the right to the patent is alleged to belong. | | |
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Sri Lanka Consolidated Acts