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 organization 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 Co-operation 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 clauses 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 Co-operation Treaty" means the Patent Co-operation 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.'.