Important Definitions

4th February 2014

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Important Definitions

Refer to Section-2 and Rule-2 of Indian Patents Act 1970 and Patent Rules respectively to know all definitions of
the act.
These are the important definitions from the Indian Patents Act, 1970, which can be helpful for your
understanding and for answering objective questions in the Patent Agent exam.

1.Person acc to Sec 2(1)(S) includes

-Government
-Any company or Association
-Body of individuals, whether incorporated or not
In case of a limited partnership, the application may be in the names of all personally responsible
partners.
2.Assignee acc to Sec 2(1)(ab) can be
-Natural person
-A legal person such as registered company
-a research organisation
-an educational institute
-government
Assignee includes assignee of a assignee or a legal representative of a deceased assignee.

3.Patentee acc to Sec 2(1)(p), 82 (b) includes

-a person for the time being entered on the register of patents as the grantee or proprietor of the
patent
-includes an exclusive licensee

4."international application" acc to sec 2 (ia)..means an application for patent made in

accordance with the Patent Cooperation Treaty.
Every international application under the Patent Cooperation Treaty for a patent, as may be filed
designating India shall be deemed to be an application under this Act, if a corresponding application
has also been filed before the Controller in India.
In case of an international application designating India, the title, description, drawings, abstract and
claims filed with the application shall be taken as the complete specification for the purposes of this

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Important Definitions

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Act.
[Explanation : For the purposes of this sub-section, the term of patent in case of International
applications filed under the Patent Cooperation Treaty designating India, shall be twenty years from
the international filing date accorded under the Patent Cooperation Treaty.]

5.Date of Patent acc to Sec 45 .The date of Patent is the date of filing of the Application.
However, in case of a PCT National Phase application, the date of filing is the international filing date.
The date of every patent is entered in the register. Subject to the other provisions contained in the
patent act every patent shall be dated as of the date on which the application for patent was filed.
[The time for payment of first renewal fee is reckoned from the date of recordal in the register of
patents. However, since the introduction of electronic processing of patent applications, the date of
recordal is same as the date of generation of Certificate of Patents.]

6.Article acc to Rule 2(c).article includes any substance or material, and any plant, machinery or
apparatus, whether affixed to land or not;

7.Prescribed substances acc to sec 20 (1) of Atomic Energy Act . Means any substance
including any mineral which the central govt may, by notification, prescribe, being a substance which
in its opinion is or may be used for the production or use of atomic energy or research into matters
connected therewith and includes uranium, plutonium, thorium, beryllium, deuterium or any of these
respective derivative or compounds or any other materials containing any of the aforesaid substances.

8.Radioactive substances or Radioactive Material acc to sec 20 (1) of Atomic Energy Act.. is
any substance or material, which spontaneously emits, radiation in excess of the levels prescribed by
notification by the central govt.

9.Pharmaceutical Products acc to Sec 92 A (C.L). Means any product, or product manufactured
through a patented process, of the pharmaceutical sector needed to address public health problems
and shall be inclusive of ingredients necessary for their manufacture and diagnostic kits required for
their use.

10.Pharmaceutical substance acc tosec 2(ia) means any new entity involving one or more
inventive steps.

11.Person interested acc to sec 2(t) includes a person engaged in or in promoting research in
the same field as that to which the invention relates to.

12.Drug includes..
i.A medicine for the internal or external use of human beings or animals;

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ii.Any substance intended to be used for or in the diagnosis, cure, mitigation, treatment or prevention
of disease in human beings or animals;
iii.Any article, other than food, intended to affect or influence in any way the structure or any organic
function of the body of human beings or animals;
iv.Any article intended for use as a component of any medicine, substance or article,
Referred to in sub-clauses I, ii, iii.
Drug means any drug as defined in sub clause (b) of section 3 of the Drugs act, 1940 in respect of
which a declaration has been made under sec.3 Drugs Act 1950.

13. According to Section 48 of Indian Patent Act, 1970 Rights of Patentee include :
a. In case of a patented product, the patentee shall have the exclusive right to prevent third parties,
from the act of making, using, offering for sale, selling or importing for those purposes that product in
India.
b. In case of a patented process, the patentee shall have
the exclusive right to prevent third parties, from the act of using that process, and from the act of
using, offering for sale, selling or importing for those purposes the product obtained directly by that
process in India.

Posted 4th February 2014 by Laasya

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