In force · As amended up to 2026-08
2. In 1957, the Government of India requested Shri N. Rajagopala Ayyangar, now a retired Judge of the Supreme Court, to examine afresh the law of patents in India and advise the Government on the changes necessary. The present Bill which is based mainly on the recommendations contained in his comprehensive report, incorporates a few further changes in the light of further examination particularly with reference to patents for food, medicines and drug.
2. Certain words omitted by s. 2, ibid . (w.e.f. 1-1-2005)
3. Subs. by s. 2, ibid ., for clause (i) (w.e.f. 1-1-2005).
4. Ins. by Act 38 of 2002, s. 3 (w.e.f. 20-5-2003).
5. Subs. by s. 3, ibid ., for clause (j) (w.e.f. 20-5-2003).
6. Subs. by Act 15 of 2005, s. 2, for clause (ja) (w.e.f. 1-1-2005).
7. Subs. by s. 2, ibid ., for clauses (l) and (m) (w.e.f. 1-1-2005).
(t) "person interested" includes a person engaged in, or in promoting, research in the same field as that to which the invention relates;
1[(ta) "pharmaceutical substance" means any new entity involving one or more inventive steps;]
2[(u) "prescribed" means, —
(A) in relation to proceedings before a High Court, prescribed by rules made by the High Court; 3* * * * *
(C) in other cases, prescribed by rules made under this Act;]
(v) "prescribed manner" includes the payment of the prescribed fee;
(w) "priority date" has the meaning assigned to it by section 11;
(x) "register" means the register of patents referred to in section 67;
(y) "true and first inventor" does not include either the first importer of an invention into India, or a person to whom an invention is first communicated from outside India.
(2) In this Act, unless the context otherwise requires, any reference —
(a) to the Controller shall be construed as including a reference to any officer discharging the functions of the Controller in pursuance of section 73;
(b) to the patent office shall be construed as including a reference to any branch office of the patent office.
Source: India Code