Section 116(1) in The Patents (Amendment) Act, 2002
(1)Subject to the provisions of this Act, the Appellate Board established under section 83 of the Trade Marks Act, 1999 (47 of 1999 ) shall be the Appellate Board for the purposes of this Act and the said Appellate Board shall exerc se the jurisdiction, power and authority conferred on it by or under this Act: Provided that the Technical Member of the Appellate Board for the purposes of this Act shall have the qualifications specified in sub- section (2).