2. Definition and
interpretation.- (1) In this Act, unless the context
otherwise requires,-
*[(a) "Appellate Board" means the Appellate Board
referred to in section 116;
*[(ab) "assignee" includes an assignee of the assignee
and the legal representative of a deceased assignee and references
to the assignee of any person include references to the assignee
of the legal representative or assignee of that person;]
**[(aba) "Budapest Treaty" means the Budapest Treaty
on the International Recognition of the Deposit of Micro-organisms
for the Purposes of Patent Procedure done at Budapest on 28th
day of April, 1977, as amended and modified from time to time;]
*[(ac) "capable of industrial application", in
relation to an invention, means that the invention is capable
of being made or used in an industry;]
(b) "Controller" means the Controller General of
Patents, Designs and Trade Marks referred to in section 73
(c) "Convention application" means an application
for a patent made by virtue of section 135;
*[(d) "convention country" means a country or a
country which is member of a group of countries or a union
of countries or an Inter-governmental
**[referred to as a convention country in section 133;]
(e) "district court" has the meaning assigned to
that expression by the Code of Civil Procedure, 1908 ; (5
of 1908)
(f)"exclusive licence" means a licence from a patentee
which confers on the licensee, or on the licensee and persons
authorised by him, to the exclusion of all other persons (including,
the patentee), any right in respect of the patented invention,
and "exclusive licensee" shall be construed accordingly;
(g) [Omitted by Patents (Amendment) Act, 2005, section 2]
(h) "Government undertaking" means any industrial
undertaking, carried on-
(i) by a department of the Government, or
(ii) by a corporation established by a Central, Provincial
or State Act, which is owned or controlled by the Government,
or
**[(iii) by a Government company as defined in section 617
of the Companies Act, 1956, (1 of 1956); or;
(iv) by an institution wholly or substantially financed by
the Government;]
**[(i) "High Court", in relation to a State or
Union territory, means the High Court having territorial jurisdiction
in that State or Union territory, as the case may be;]
*[(ia) "international application" means an application
for patent made in accordance with the Patent Cooperation
Treaty;]
*[(j) "invention" means a new product or process
involving an inventive step and capable of industrial application;]
**[(ja) "inventive step" means a feature of an
invention that involves technical advance as compared to the
existing knowledge or having economic significance or both
and that makes the invention not obvious to a person skilled
in the art]
(k) "legal representative" means a person who in
law represents the estate of a deceased person;
**[(l) "new invention" means any invention or technology
which has not been anticipated by publication in any document
or used in the country or elsewhere in the world before the
date of filing of patent application with complete specification,
i.e. the subject matter has not fallen in public domain or
that it does not form part of the state of the art;
'(la) "Opposition Board" means an Opposition Board
constituted under sub-section (3) of section 25;
(m) "patent" means a patent for any invention granted
under this Act'; ]
(n) "patent agent" means a person for the time
being registered under this Act as a patent agent;
(o) "patented article" and "patented process"
mean respectively an article or process in respect of which
a patent is in force;
*[(oa) "Patent Cooperation Treaty" means the Patent
Cooperation Treaty done at Washington on the 19th day of June,
1970 as amended and modified from time to time ;]
(p) "patentee" means the person for the time being
entered on the register as the grantee or proprietor of the
patent;
(q) "patent of addition" means a patent granted
in accordance with section 54;
(r) "patent office" means the patent office referred
to in section 74;
(s) "person" includes the Government;
(t) "person interested" includes a person engaged
in, or in promoting, research in the same field as that to
which the invention relates;
**[(ta) "pharmaceutical substance" means any new
entity involving one or more inventive steps;]
*[(u) "prescribed" means,-
(A) in relation to proceedings before a High Court, prescribed
by rules made by the High Court;
(B) in relation to proceedings before the Appellate Board,
prescribed by rules made by the Appellate Board; and
(C) in other cases, prescribed by rules made under this Act;]
(v) "Prescribed manner" includes the payment of
the prescribed fee ;
(w) "priority date" has the meaning assigned to
it by section 11;
(x) "register" means the register of patents referred
to in section 67;
(y) "true and first inventor" does not include
either the first importer of an invention into India, or a
person to whom an invention is first communicated from outside
India.
(2) In this Act, unless the context otherwise requires, any
reference-
(a) to the Controller shall be construed as including a reference
to any officer discharging the functions of the Controller
in pursuance of section 73;
(b) to the patent office shall be construed as including
a reference to any branch office of the patent office.
*[Modified by Patents (Amendment) Act, 2002, section 3]
**[Modified by Patents (Amendment) Act, 2005, section 2]
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