Section 2: Definitions. In this Ordinance, unless there is anything repugnant in the subject or

Plain-Language Summary

A general explanation to aid understanding. The official statutory text appears below.

This section defines the following terms used in The Patents Ordinance, 2000: • Controller — the Controller of Patents appointed under section 3; • Convention application — an application made in Pakistan within twelve months after the date of an application made in a Convention country, whether claiming single or multiple priorities from such application; • Convention country — a member country of the World Trade Organization or a country declared as such under section 86; 1 [ • exclusive licence — a licence from a proprietor of, or an applicant of, a patent which confers on the licensee, or on the licensee and persons auth orized by him, to the exclusion of all other persons, including the proprietor or applicant, any right in respect of the invention, to which the patent or application relates, and “exclusive licensee” and “non­exclusive licensee” shall be construed accordingly; 3[ • invention — any new and useful product or process, in any field of technology and includes any new and useful improvement of either of them;] • inventor — the actual devisor of an invention, and joint inventor shall be construed accordingly; • legal representative — a person who in law represents the estate of a deceased person; 4 [ • mail box — the mailbox facility provided under sub­section (9) of section 13;] 1Subs by Act XXIV of 2016, s.2. 2Subs by the Patents (Amdt.) Ordinance, 2002 (95 of 2002), s. 3, for sub­clause (ii). 3 Subs ibid., for clause (i). 4 New clause (ka) ins. ibid., • patent agent — an advocate or a person for the time being registered under this Ordinance as a patent agent; • patent of addition — a patent of addition granted in accordance with section 39; • Patent Office — the Patent Office established, or deemed to have been established, under section 4; 1[ • person — any natural or juridical person and includes any association or body of individuals, whether incorporated or not;] • prescribed — prescribed by rules made under this Ordinance; 2[ • process — any art, process or method or manner of new manufacture of a product;] 3[ • product — any substance, article, apparatus or machine;] • published — made available to the public whether in Pakistan or elsewhere and a document shall be taken to be published under any provision of this Ordinance, if it can be inspected as of right at any place in Pakistan by members of public, whether on payment or free of cost; • Register — the Register of Patents maintained under section 54; and • rules — rules made under this Ordinance. CHAPTER II ADMINISTRATION This is the official statutory text, shown as written — it is not a paraphrase or a legal opinion. Consult a verified lawyer to see how it applies to your specific situation.

2. Definitions. In this Ordinance, unless there is anything repugnant in the subject or context,__ (a) “assignee” includes the legal representative of deceased assignee and references to the assignee of any person includes references to the assignee of the legal representative or assignee of that person; 1Subs. by the Patents (Amdt.) Ordinance, 2002 (95 of 2002), s. 2, for “long title and preamble.” (b) “Controller” means the Controller of Patents appointed under section 3; (c) “Convention application” means an application made in Pakistan within twelve months after the date of an application made in a Convention country, whether claiming single or multiple priorities from such application; (d) “Convention country” means a member country of the World Trade Organization or a country declared as such under section 86; 1 [(e) “date of advertisement”, wherever appearing in this Ordinance, shall be the date on which the patents’ journal is published or uploaded on website of the Intellectual Property Organization of Pakistan or printed in hard form in relevant part of the official Gazette, whichever is earlier:] (f) “date of filing”, in relation to an application for a patent, means­ (i) in case of an application which is post­dated or ante­dated under this Ordinance, the date to which it is so post­dated or ante­dated; and 2 [(ii) the date on which it is filed at the Patent Office or its branch office;] (g) “District Court” has the meaning assigned to that expression by the Code of Civil Procedure, 1908 (Act V of 1908); (h) “exclusive licence” means a licence from a proprietor of, or an applicant of, a patent which confers on the licensee, or on the licensee and persons auth orized by him, to the exclusion of all other persons, including the proprietor or applicant, any right in respect of the invention, to which the patent or application relates, and “exclusive licensee” and “non­exclusive licensee” shall be construed accordingly; 3[(i) “invention” means any new and useful product or process, in any field of technology and includes any new and useful improvement of either of them;] (j) “inventor” means the actual devisor of an invention, and joint inventor shall be construed accordingly; (k) “legal representative” means a person who in law represents the estate of a deceased person; 4 [(ka) “mail box” means the mailbox facility provided under sub­section (9) of section 13;] 1Subs by Act XXIV of 2016, s.2. 2Subs by the Patents (Amdt.) Ordinance, 2002 (95 of 2002), s. 3, for sub­clause (ii). 3 Subs ibid., for clause (i). 4 New clause (ka) ins. ibid., (l) “patent agent” means an advocate or a person for the time being registered under this Ordinance as a patent agent; (m) “patentee” in relation to a patent, means the person or persons for the time being entered on the Register as the grantee or proprietor of the patent and includes any subsequent assignee or successor­in­interest of a patent recordal of whose name on the Register is pending with the Controller; (n) “ patent of addition ” means a patent of addition granted in accordance with section 39; (o) “Patent Office” means the Patent Office established, or deemed to have been established, under section 4; 1[(p) “person” means any natural or juridical person and includes any association or body of individuals, whether incorporated or not;] (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 prescribed by rules made under this Ordinance; 2[(s) “process” means any art, process or method or manner of new manufacture of a product;] 3[(t) “product” means any substance, article, apparatus or machine;] (u) “published” means made available to the public whether in Pakistan or elsewhere and a document shall be taken to be published under any provision of this Ordinance, if it can be inspected as of right at any place in Pakistan by members of public, whether on payment or free of cost; (v) “Register” means the Register of Patents maintained under section 54; and (w) “rules” means rules made under this Ordinance. CHAPTER II ADMINISTRATION

Effective date: 2000-01-01

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