Patents Act, 1978 (Act No. 57 of 1978) Introductory 2. Definitions

 

 

In this Act, unless the context otherwise indicates—

 

"agent"

means, except in section 56(2)(e), a patent agent or a patent attorney mentioned in section 20 or an attorney mentioned in section 22;

 

"applicant"

includes the legal representative of a deceased applicant or of an applicant who is a person under legal disability;

 

"application in a convention country"

means—

 

"commissioner"

means a commissioner of patents designated in terms of section 8;

 

"convention application"

means an application for a patent made in the Republic which claims priority from a relevant application in a convention country;

 

"convention country",

in relation to any provision of this Act, means any country, including any group of countries and any territory for whose international relations another country is responsible, which the President has with a view to the fulfilment of any treaty, convention, arrangement or engagement, by proclamation in the Gazette declared to be a convention country for the purposes of such provision; and the expressions "convention aircraft", "convention land vehicle" and "convention vessel" have corresponding meanings;

[Definition substituted by section 27(a) of Act No. 38 of 1997.]

 

"court"

in relation to any matter, means the division of the Supreme Court of South Africa having jurisdiction in respect of that matter;

 

"date of application"

in relation to an application for a patent, means the date referred to in section 30(5);

 

"invention"

means an invention for which a patent may be granted under section 25;

 

"journal"

means the patent journal to be published in terms of section 14;

 

"law society"

means a law society referred to in section 56 of the Attorneys Act, 1979 (Act No. 53 of 1979);

[Definition substituted by section 1 of Act No. 49 of 1996.]

 

"Minister"

means the Minister of Economic Affairs and Technology;

[Definition substituted by section 1 of Act No. 76 of 1988.]

 

"patent"

means a certificate in the prescribed form to the effect that a patent for an invention has been granted in the Republic;

 

"Patent Cooperation Treaty"

means the Patent Cooperation Treaty of 19 June 1970 as amended from time to time and as acceded to by the Republic and as in force in the Republic;

[Definition of inserted by section 27(c) of Act No. 38 of 1997.]

 

"patented article"

means any article in respect of which a patent has been granted and is for the time being in force;

 

"patentee"

means the person whose name is for the time being entered in the register as the name of the grantee or proprietor of a patent;

 

"patent office"

means the patent office established in terms of section 5;

 

"prescribed"

means prescribed by regulation;

 

"priority date"

[Definition deleted by section 27(d) of Act No. 38 of 1997.]

 

"register"

means the register to be kept at the patent office in terms of section 10;

 

"registrar"

means the registrar of patents appointed in terms of section 7;

 

"regulation"

means any regulation made under this Act;

 

"specification"

means a provisional or a complete specification, as the circumstances may require, mentioned in section 32(1);

 

"the repealed law"

means the Patents Act, 1952 (Act No. 37 of 1952);

 

"this Act"

includes the regulations.