Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 2] [Entire Act]

Union of India - Section

Section 3 in The Patents (Amendment) Act, 2002

3. Amendment of section 2.-

In section 2 of the principal Act, in sub- section 1,-(a) for clause (a), the following clauses shall be substituted, namely:-' (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;
(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)for clause (d), the following clause shall be substituted, namely:-' (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 organisation notified as such under sub- section (1) of section 133;';
(c)for clause (g), the following clause shall be substituted, namely:-' (g)" food" means any article of nourishment for human consumption and also includes any substance intended for the use of infants, invalids or convalescents as an article of food or drink;';
(d)in clause (i),-(i) in sub- clause (i), for the words" Union territory of Delhi", the words" National Capital Territory of Delhi" shall be substituted;
(ii)for sub- clause (ii), the following sub- clause shall be substituted, namely:-" (ii) in relation to the State of Arunachal Pradesh and the State of Mizoram, the Gauhati High Court (the High Court of Assam, Nagaland, Meghalaya, Manipur, Tripura, Mizoram and Arunachal Pradesh);";
(iii)in sub- clause (v), for the words" Union territory of Goa, Daman and Diu", the words" State of Goa, the Union territory of Daman and Diu" shall be substituted;
(e)after clause (i), the following clause shall be inserted, namely:-' (ia)" international application" means an application for patent made in accordance with the Patent Cooperation Treaty;';
(f)for clause (j), the following clauses shall be substituted, namely:-' (j)" invention" means a new product or process involving an inventive step and capable of industrial application;
(ja)" inventive step" means a feature that makes the invention not obvious to a person skilled in the art;';
(g)for clause (m), the following clause shall be substituted, namely:-' (m)" patent" means a patent granted under this Act;';
(h)after clause (o), the following clause shall be inserted, namely:-' (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;';
(i)for clause (u), the following clause shall be substituted, namely:-' (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.'.