Patents Act, 1964
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Interpretation. |
2.—In this Act, unless the context otherwise requires— | |
“the Act of 1927” means the Industrial and Commercial Property (Protection) Act, 1927 ; | ||
“applicant”, in relation to an application, means the person making the application and includes a person in whose favour a direction has been given under section 22 of this Act, and the personal representative of a deceased applicant; | ||
“article” includes any substance or material, and any plant, machinery or apparatus, whether affixed to land or not; | ||
“assignee” includes the personal representative of a deceased assignee, and references to the assignee of any person include references to the assignee of the personal representative or assignee of that person; | ||
“commercially worked” means the manufacture of the article or the carrying on of the process described and claimed in a specification for a patent in or by means of a definite and substantial establishment or organisation, and on a scale which is adequate and reasonable in all the circumstances; | ||
“the Controller” means the Controller of Patents, Designs and Trade Marks appointed under this Act; | ||
“convention application” has the meaning assigned to it by subsection (3) of section 6 of this Act; | ||
“convention country” has the meaning assigned to it by subsection (1) of section 93 of this Act; | ||
“the Court” means the High Court; | ||
“date of filing”, in relation to any document filed under this Act, means the date on which the document is filed or, where it is deemed by virtue of any provision of this Act or of rules made thereunder to have been filed on any different date, means the date on which it is deemed to be filed; | ||
“exclusive licence” 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 persons (including the patentee), any right in respect of the invention, and “exclusive licensee” shall be construed accordingly; | ||
“invention” means any new and useful art, process, machine, manufacture or composition of matter, or any new and useful improvement in any art, process, machine, manufacture or composition of matter, and includes an alleged invention and also any new method or process of testing applicable to the improvement or control of manufacture; | ||
“the Journal” means the journal issued by the Controller pursuant to section 81 of this Act; | ||
“the Minister” means the Minister for Industry and Commerce; | ||
“the Office” means the Patents Office established by the Act of 1927 and continued in being by section 77 of this Act; | ||
“patent” means letters patent for an invention; | ||
“patent of addition” means a patent granted in accordance with section 28 of this Act; | ||
“patentee” means the person or persons for the time being entered on the register of patents as grantee or proprietor of the patent; | ||
“prescribed” means, in the case of proceedings before the Court, prescribed by rules of court, and, in any other case, prescribed by rules made under this Act; | ||
“priority date” has the meaning assigned to it by section 10 of this Act; | ||
“published” means made available to the public by the written or spoken word or by public use, or in any other way. |