Section 2 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
The last group of section 2 definitions covers terms that connect an Indian application with the world outside: treaties, convention countries and international applications. It also covers the procedural words "prescribed" and "prescribed manner", the "register", the "patent of addition", and the interpretation rules in sub-section (2). If you plan to file in India and abroad, or to enter India through the Patent Cooperation Treaty, these are the words you meet first in a patent drafting and filing brief.
A convention application is one made by virtue of section 135, and a convention country is one referred to in section 133. An international application is one made in accordance with the Patent Cooperation Treaty. Prescribed means set by the rules made under the Act (or, before a High Court, by rules made by the High Court), and "prescribed manner" includes payment of the prescribed fee. A reference to the Controller or the patent office includes officers and branch offices (section 2(2)).
Where these clauses sit
Part 1 covers invention and related terms, and Part 2 covers patentee, assignee and the administrators. This part covers the rest: (aba), (c), (d), (ia), (oa), (q), (u), (v), (w), (x) and sub-section (2).
| Clause | Term | Where the real rules are |
|---|---|---|
| (aba) | Budapest Treaty | Treaty on deposit of micro-organisms |
| (c) | convention application | Section 135 |
| (d) | convention country | Section 133 |
| (ia) | international application | Application under the PCT |
| (oa) | Patent Cooperation Treaty | Washington, 19 June 1970 |
| (q) | patent of addition | Section 54 |
| (u) | prescribed | Rules |
| (v) | prescribed manner | Includes prescribed fee |
| (w) | priority date | Section 11 |
| (x) | register | Section 67 |
The treaty and convention terms
Clause (aba), "Budapest Treaty". "the Budapest Treaty on the International Recognition of the Deposit of Micro-organisms for the purposes of Patent Procedure done at Budapest on 28th day of April, 1977, as amended and modified from time to time". Inserted by the 2005 Amendment Act (with effect from 1-1-2005). The words "as amended and modified from time to time" mean the definition follows later changes to the treaty. The Act uses the term where a specification refers to biological material; we cover that in the article on the contents of a specification (claims, abstract and biological material).
Clause (oa), "Patent Cooperation Treaty". "the Patent Cooperation Treaty done at Washington on the 19th day of June, 1970 as amended and modified from time to time". Inserted by the 2002 Amendment Act (with effect from 20-5-2003).
Clause (ia), "international application". "an application for patent made in accordance with the Patent Cooperation Treaty". Same insertion. So the label is tied to the treaty route, not to any application with a foreign element. For the national-phase steps, see our post on PCT national phase entry in India.
Clause (c), "convention application". "an application for a patent made by virtue of section 135". The rules for these applications start at section 135 and continue in later sections of the Act. Our guide to the convention application and Paris Convention priority explains them in practice.
Clause (d), "convention country". "a country or a country which is member of a group of countries or a union of countries or an Inter-governmental organisation referred to as a convention country in section 133". The clause was substituted by the 2002 Act, and the closing words by the 2005 Act. Drafting slip: the opening words repeat "a country or a country" in the printed text. The sense is clear: a country, a member of a group or union of countries, or an inter-governmental organisation, in each case one referred to as a convention country in section 133. The clause itself lists none, so you must read section 133.
Terms tied to other sections
Clause (q), "patent of addition". "a patent granted in accordance with section 54". The word "accordance" is the whole definition: a patent of addition is one granted under section 54. Our post on the patent of addition for improvements describes it, and sections 54 to 56 get their own article in this series.
Clause (w), "priority date". "has the meaning assigned to it by section 11". The real content is in section 11, which fixes the priority date of each claim of a complete specification. The next articles in this series take that up.
Clause (x), "register". "the register of patents referred to in section 67". The register matters because the "patentee" is defined by entry on it (see Part 2).
"Prescribed" and "prescribed manner"
Clause (u), "prescribed". The printed text reads:
- (A) "in relation to proceedings before a High Court, prescribed by rules made by the High Court";
- (B) omitted (by the Tribunals Reforms Act, 2021, with effect from 4-4-2021; it earlier dealt with proceedings before the Appellate Board);
- (C) "in other cases, prescribed by rules made under this Act".
The clause was substituted by the 2002 Act. The lettering skips from (A) to (C) because (B) is gone. In practice, for filing at the patent office, "prescribed" points to the Patents Rules, 2003, which are not part of the text we have consulted. We therefore name no form, fee or period that lives only in the Rules.
Clause (v), "prescribed manner". "includes the payment of the prescribed fee". So wherever the Act says something must be done "in the prescribed manner", paying the prescribed fee is part of doing it.
Example. Suppose a provision requires a step to be taken "in the prescribed manner". A startup, Lumina Wearables, takes the step and forgets the fee. Because "prescribed manner" includes the prescribed fee, the step is not done in the prescribed manner. The definition does not say what follows; that depends on the provision concerned and the Rules.
Sub-section (2): reading references
"(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."
Two practical effects:
- A hearing, order or decision attributed to "the Controller" may in fact be by an officer discharging those functions under section 73.
- A filing or step "at the patent office" may be at a branch office.
Both are subject to "unless the context otherwise requires", so a provision can still point to a particular officer or office if its wording says so.
What this part does not say
- The text does not list the convention countries; section 133 is the place to look.
- It does not say what the "prescribed" periods or fees are; the Rules do.
- It does not state when a PCT application must enter the national phase in India; that is a Rules matter, so no period is given here.
Need help with ...?
Mapping an Indian filing against convention and PCT routes is easiest before the first application is lodged, because the date of that application often anchors every later step. We can help plan the route as part of patent drafting and filing. For the overall picture, see our guide to types of patent applications.
Key takeaways
- "Convention application" means an application made by virtue of section 135; "convention country" is one referred to in section 133.
- An "international application" is one made in accordance with the Patent Cooperation Treaty.
- "Prescribed" means rules made under the Act, or, for High Court proceedings, rules made by the High Court; "prescribed manner" includes paying the prescribed fee.
- "Priority date" takes its meaning from section 11; "register" is the register under section 67.
- References to the Controller and patent office include officers and branch offices.
Read next
- Section 2 (Part 1): invention, inventive step and industrial application
- Section 2 (Part 2): patentee, assignee, Controller and patent office
- Section 8: information and undertaking on foreign applications
- Section 11: priority dates of claims
Disclaimer: Based on the Patents Act, 1970 as amended up to the Jan Vishwas (Amendment of Provisions) Act, 2023, as consulted on 1 October 2026. Forms, fees and time limits under the Patents Rules, 2003 change from time to time and are not covered here. This article is general information, not legal advice; check the official text before acting.