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Union of India - Section

Section 2 in The Intellectual Property Appellate Board (Patents Procedure) Rules, 2010

2. Definitions.

- In these rules, unless the context otherwise requires, -
(a)"Act" means the Patents Act, 1970 (39 of 1970);
(b)"address for service" means the address furnished by an appellant or applicant or respondent or his authorised agent or his legal practitioner at which service of summons, notices or other processes may be effected;
(c)"agent" means a person duly authorised by an appellant or applicant or respondent to present appeal, application, counter-statement, reply, rejoinder, evidence or any other document on his behalf before the Appellate Board and shall include a patent agent referred to in section 125 of the Act;
(d)"appeal" means an appeal under section 117A and includes Original Appeal (O.A.) and, Transferred Appeal (T.A.) pursuant to section 117G;
(e)"appellant" means a person making an appeal to the Appellate Board under section 117A;
(f)"application" means an application for rectification of register of patents under section 71 or a petition for revocation of patents under section 64;
(g)"Deputy Registrar" means the Deputy Registrar of the Appellate Board and includes any officer to whom the powers and functions of the Deputy Registrar may be delegated;
(h)"fee" means the fee prescribed under the Second Schedule to these rules;
(i)"Form" means a form appended to these rules;
(j)"legal practitioner" shall have the same meaning as assigned to it in the Advocates Act, 1961 (25 of 1961);
(k)"legal representative" means a person who in law represents the estate of the deceased person;
(l)"Miscellaneous Petition" means any petition or request in writing made to the Appellate Board not being an application under section 64 or section 71 or an appeal under section 117A;
(m)"pleadings" includes appeals or applications, counter-statements, rejoinders and replies permitted to be filed before the Appellate Board;
(n)"Registry" means the Registry of the Appellate Board;
(o)"Schedule" means a Schedule to these rules;
(p)"section" means a section of the Act;
(q)"transferred appeal or application" means an appeal or an application or other proceedings which has been transferred to the Appellate Board under section 117G;
(r)words and expressions used and not defined in these rules but defined in the Act or the Trade Marks Act, 1999 (47 of 1999) shall have the meanings respectively assigned to them in the Act or the Trade Marks Act, 1999.