Page:Patents Act 1970 (India).pdf/3

 patent agent;
 * l. "patented article" and "patented process" mean respectively an article or process in respect of which a patent is in force;
 * m."patentee" means the person for the time being entered on the register as the grantee or proprietor of the patent;
 * n. "patent of addition" means a patent granted in accordance with section 54;
 * o. "patent office" means the patent office referred to in section 74;
 * p. "person" includes the Government;
 * q. "person interested" includes a person engaged in, or in promoting, research in the same field as that to which the invention relates;
 * r. "prescribed" means, in relation to proceedings before a High Court, prescribed by rules made by the High Court, and in other cases, prescribed by rules made under this Act;
 * s. "prescribed manner" includes the payment of the prescribed fee;
 * t. "priority date" has the meaning assigned to it by section 11;
 * u. "register" means the register of patents referred to in section 67;
 * v. "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.

CHAPTER II

INVENTIONS NOT PATENTABLE

3. What are not inventions The following are not inventions within the meaning of this Act,
 * a. an invention which is frivolous or which claims anything obvious contrary to well established natural laws;
 * b. an invention the primary or intended use of which would be contrary to law or morality or injurious to public health;
 * c. the mere discovery of a scientific principle or the formulation of an abstract theory;
 * d. the mere discovery of any new property of new use for a known substance or of the mere use of a known process, machine or apparatus unless such known process results in a new product or employs at least one new reactant;
 * e. a substance obtained by a mere admixture resulting only in the aggregation of the properties of the components thereof or a process for producing such substance;
 * f. the mere arrangement or re-arrangement or duplication of known devices each functioning independently of one another in a known way;
 * g. a method or process of testing applicable during the process of manufacture for rendering the machine, apparatus or other equipment more efficient or for the improvement or restoration of the existing machine, apparatus or other equipment or for the improvement or control of manufacture;
 * h. a method of agriculture or horticulture;
 * i. any process for the medicinal, surgical, curative, prophylactic or other treatment of human beings or any process for a similar treatment of animals or plants to render