Wednesday, 23 April 2014

14.1.1(SCOPE AND COMMENCEMENT OF THE ACT)

Scope of the Act: The Patents Act, 1970 extends to the whole of India. The objective is to protect the intellectual property rights of a person to whom the patent has been granted. The Act describes the procedure for the grant of patent and protects his rights against infringement. The Act came into force from 21 September, 1970.

l4.l.2.Definitions and Interpretations (s. 2): The Act defines certain expressions used therein.

Assignee: It includes the legal representative of a deceased assignee, references to the assignee of any Person include references to the assignee of the legal representative or assignee of that person.

Controller: It means the Controller General of Patents, Design and Trade Marks.

Convention application: It means an application for a patent made by a foreign national of a convention country.

Convention country: It means that country which offers the reciprocal right to an Indian citizen to apply for a patent in that country.

District court: It has the meaning assigned to that expression by the Code of Civil Procedure,1908.

Exclusive licence: It means a licence from a patentee which confers on the licensee, or on the licensee and persons authorised by him, to the exclusion of all other patented invention. persons (including the patentee), any right in respect of the And “exclusive license” shall be construed accordingly.

Food: It means any article of nourishment and includes any substance intended for the use of babies, invalids or convalescents as an article of food or drink.

Government undertaking: It means any industrial undertaking carried on (i) by a department of the Government, or (ii) by a corporation established by a Central or State Act which is owned or controlled by the Government, or (iii) by a Government company as defined in s. 617 of the companies Act, 1956. It also 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.

Invention: means any new and useful (i) art, process, method or manner of manufacture; (ii) machine, apparatus or other article; (iii) substance produced by manufacture, and includes any new and useful improvement of any of them and an alleged invention.

Medicine or drug: It includes (i) all medicines for internal or external use of human beings or animals; (ii) all substances intended to be used for or in the diagnoses, treatment, mitigation or prevention of diseases in human beings or animals; (iii) all substances intended to be used for or in the maintenance of public health, or the prevention or control of any epidemic disease among human beings or animals; (iv) insecticides, germicides, fungicides, weedicides and all other substances intended to be used for the protection or preservation of plants; (v) all chemical substances, which are ordinarily used as intermediates in the preparation or manufacture of any of the medicines or substances above referred to.

Patent: It means a patent granted under this Act.

patent Agent: It means a person for the time being registered under this Act as a patent agent.

Patented article and Patented process mean respectively an article or process in respect of which a patent is in force.

Patentee: It means the person for the time being entered on the register as the grantee or proprietor of the patent.

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