The Patents (Amendment) Act, 2002

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The Patents (Amendment) Act, 2002

THE PATENTS (AMENDMENT) ACT, 2002 ACT NO. 38 OF 2002

[25th June, 2002.]

An Act further to amend the Patents Act, 1970.

BE it enacted by Parliament in the Fifty-third Year of the Republic of India as follows:-

1.

Short title and commencement.

1. Short title and commencement.-(1) This Act may be called the Patents (Amendment) Act, 2002.

(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint; and different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencem nt of this Act shall be construed as a reference to the coming into force of that provision.

2.

Substitution of certain words for the words "High Court" and "Court".

2. Substitution of certain words for the words "High Court" and

"Court".-In the Patents Act, 1970 (39 of 1970) (hereinafter referred to as the principal Act), for the words "High Court" wherever they occur in sections 21, 43 and 71 and the word "Court" o curring in sections 21 and 71, the words "Appellate Board" and "Board" shall respectively be substituted.

3.

Amendment of section 2.

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, 1...

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