2. Amendment of section 2.- In section 2 of the Patents Act, 1970 (30 of 1970) (hereinafter referred to as the principal Act), in sub-section (1),- (a) after clause (ab), the following clause shall be inserted, namely:-
'(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;';
(b) in clause (d), for the words, brackets and figures "notified as such under sub-section (1) of section 133", the words and figures "referred to as a convention country in section 133" shall be substituted;
(c) clause (g) shall be omitted;
(d) in clause (h),-
(i) in sub-clause (iii), after the words and figures "the Companies Act, 1956 (1 of 1956)", the word "; or" shall be inserted;
(ii) after sub-clause (iii), the following sub-clause shall be inserted, namely:-
"(iv) by an institution wholly or substantially financed by the Government;";
(iii) the words "and includes the Council of Scientific and Industrial Research and any other institution which is financed wholly or for the major part by the said Council;" shall be omitted;
(e) for clause (i), the following clause shall be substituted, namely:-
'(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;';
(f) for clause (ja), the following clause shall be substituted, namely:-
(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;';
(g) for clauses (l) and (m), the following clauses shall be substituted, namely:-
'(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';
(h) after clause (t), the following clause shall be inserted, namely:-
(ta) "pharmaceutical substance" means any new entity involving one or more inventive steps;'.
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